THE LEGAL

ENVIRONMENT
Equal Employment Opportunity
and Safety
 LEARNING OBJECTIVES


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INTRODUCTION

Due to the globalized competition and the

advancement of technology, most organizations are
currently operating in an unpredictable environment.
They need to put into consideration the legal
environment of human resource management in order
to undertake their operations within the scope of
recommended legal standards.

In addition, human resource management is wide in

scope and includes other functions such as rewarding
or compensating employees as well as offering
leadership and mentorship programs to employees in
accordance to employment and labor laws.

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INTRODUCTION

Managers need to understand the legal

environment of human resources under which
they operate, given that different laws and
regulations have different implications to their
continued operation. Indeed, this understanding
and compliance to legal requirements is
mandatory, since human resources are always
required to perform all their duties as required
by law.

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 HR LEGAL COMPLIANCE
HR legal compliance protects both the
employee and the employer and
companies are duty-bound to operate
within the framework that governs the
workplace environment. Organizations
must implement policies and
procedures, which align state laws
with the strategy and objectives of the
organization.
The Labour Code of the Philippines
(“Labour Code”) is the primary
source of employment law. The
constitution provides guidance and
is supplemented by numerous
employment-related legislations,
decisions by the Philippine Supreme
Court.
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PROTECTED EMPLOYEE

 Regular
 Project
 Seasonal
 Casual/temporary
 Fixed-term
 Probationary

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MAJOR LEGAL AREAS OF HR MANAGEMENT

WORKPLACE DISCRIMINATION WAGE AND HOUR LAWS EMPLOYEE BENEFITS LAWS WORKPLACE SAFETY LAWS

Among the most important No employee in the This category of laws helps With the RA 11058,
legislation for HR professionals Philippines must work for protect employees’ access to employers are now required
to know, Equal Employment over 8 hours a day. He is benefits to comply
Opportunity (EEO) laws protect worthy of a 1-hour lunch with occupational
against the discrimination of break daily, without fail safety and health standards
any individual based on age,
disability, genetic information,
national origin, race/color, sex,
pregnancy, or religion.

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 EQUAL EMPLOYMENT OPPORTUNITY

Equal employment opportunity is an employment practice where employers do not engage in

employment activities that are prohibited by law. It is illegal for employers to discriminate against an
applicant or employee on the basis of:

 Race
 Age
 Color
 Sex
 Religion
 National origin

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Work days and work hours- it refers to any day during which an
employee is regularly required to work. The normal hours of work in a
day is 8 hours. This include breaks or rest period of less than 1 hour, but
excludes meal periods, which shall not be less than one hour. An
employee must be paid his or her wages for all hours worked.
Wage and wage-related benefits- wage may be fixed for a given period,
as when it is computed hourly, daily, or monthly. It may also be fixed for a
specified task or result.
o An employer cannot make any deduction from an employee’s wage
except for insurance with the consent of the employee.
Payment of wages- wage shall be given not less than once every two
weeks.
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 BASIC RIGHTS OF EMPLOYEES ( DOLE )

People can enjoy more the job opportunity in the Philippines

when laws on working conditions are strictly followed.
 Equal work opportunity – the government shall protect labor,
promote full employment, provide equal work opportunity
regardless of gender, race and regulate employee-employer
relations.
Security of tenure- every employee shall be assured security of
tenure. No employee can be dismissed from work except for a
just or authorized cause, and only after due process.
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EMPLOYMENT OF WOMEN

•Welfare facilities must be installed

at the workplace such as seats,
separate toilet rooms, lavatories
and dressing room.
•Prohibition against discrimination
with respect to pay, promotion,
training opportunities, study and
scholarship grants

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SAFE WORK CONDITION

•Employers must provide workers

with every kind of on the job
protection against injury, sickness or
death thru safe and healthy working
conditions.
•Therefore, it is the obligation of the
human resource managers to have a
policy that provides for workers
safety and ensure such a policy is
complied to at all times

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