Decent Work

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DECENT

WORK
REPORT NO. 4
GERRY LYN J. ILAN
BSN - 4B
LABOR CODE OF THE PHILIPPINES

Presidential Decree No. 442. This Decree shall be known as the "Labor Code
of the Philippines. It prescribes the rules for hiring and termination of private
employees; the conditions of work including maximum work hours and
overtime; employee benefits such as holiday pay, thirteenth month pay and
retirement pay; and the guidelines in the organization and membership in
labor unions as well as in collective bargaining.
REQUIRED WORKING HOURS IN THE PHILIPPINES

Normal Working Hours

An employee’s normal hours at work must not exceed eight (8) hours a day.
Working hours shall include:
● the whole duration when an employee is required to be on duty and/or to be
at a prescribed workplace;
● the whole duration when an employee is permitted to work; and
● rest periods of short duration during working hours.
Night Shift Differential Pay
An employee performing work between 10:00 PM and 6:00 AM must be paid a
night shift premium of not less than 10% of their regular wage for each hour of
work performed.

Overtime Work
Work performed beyond the normal working hours must be paid an additional
compensation equivalent to an employee’s regular wage plus at least 25%
thereof.
Employees who work beyond 8 hours on a holiday or rest day shall also be paid
an additional compensation equivalent to the rate of the first 8 hours plus at least
30% thereof.
Undertime Not Offset by Overtime
Undertime work on a normal work day shall not be offset by overtime work on
any other work day. Philippine labor laws discourage the offset because the
hourly rate of overtime is higher than the hours missed when an employee works
for less than 8 hours.
Emergency Overtime Work
An employee may be required to perform emergency overtime work under any of
the following cases:
● when the country is at war or when any other national or local emergency
has been declared by the National Assembly or the Chief Executive
● when it is necessary to prevent loss of life or property in cases of imminent
danger to public safety due to actual or impending emergencies in the
locality caused by serious accidents, fire, flood, typhoon, earthquake,
epidemic or any other disaster
● when there is urgent work to be performed on machines, installations or
equipment, in order to avoid serious loss or damage to the employer or
some other causes of similar nature
REQUIRED WORK BENEFITS

Statutory and Common Employee Benefits

Statutory benefits, also known as mandatory benefits, are


entitlements that employers are obligated by law to provide to their
employees. Common examples include benefits like paid annual
leave, parental leave, worker's compensation insurance, and paid
sick leave.

In the Philippines, employers must pay a monthly contribution to


the following funds:
Social Security System (SSS)

This state-run insurance program offers benefits under the Social Security and
Employees' Compensation (EC) Programs.

The Social Security Commission administers the program. It is a body made of


representatives from the government, employers, and employees.

Social insurance covers private-sector employees, self-employed workers, as well


as household workers. A spouse of the insured person is also entitled to receive
social benefits under this scheme.
The benefits include:

● maternity pay
● sickness pay
● pensions
● disability benefits
● salary loans
● life insurance
● funeral grants

The contribution depends on the salary bracket of the employee. In


general, the employer (ER) is responsible for contributing 7.37% of the
total contribution, and the employee is responsible for 3.36%.
.
Health insurance

PhilHealth is the name of the health insurance plan in place for private employees in
the Philippines. As of 2021, the monthly contribution rate for the health insurance
program is 3.5% of the employee's basic salary. The monthly contribution is equally
divided between employee and employer. PHP 10,000 is the salary minimum and
PHP 70,000 is the salary ceiling.

PhilHealth covers inpatient benefits, outpatient benefits, Z benefits, and SDG


benefits (explained below):

● Z benefits are offered to the patients who need prolonged hospitalization and
more expensive treatment
● SDG benefits include treatment packages for malaria, HIV-AIDS, tuberculosis,
animal bites, and others diseases

Employers are not obligated to provide any specific insurance benefits since
PhilHealth offers the above entitlements.
Home Development Mutual Fund (HDMF)

The HDMF, also known as Pag-IBIG fund, provides housing loans. It also offers
financial assistance to Filipinos to enable them to afford decent housing.

Workers who earn less than PHP 1,500 a month contribute 1% of their salary to
the Pag-IBIG fund. Workers who earn more contribute 2% of their monthly salary.
Employers have to contribute 2% regardless of the salary bracket of the employee.

The highest contribution to HDMF fund should not exceed PHP 200 in total (PHP
100 for employees and PHP 100 for employers).
Working hours and holidays

In the Philippines, an employee's regular hours of work are a maximum of


eight hours a day, excluding an hour’s lunch break. This does include short
breaks for rest during the working hour.

Naturally, there are exceptions to these regular working days. It depends on


the company whether to extend them, but all rules below are applied to all
organizations inside the Philippines.

Weekly rest day

Every employee in the Philippines is entitled to get 24 consecutive hours of


rest after six consecutive working days.
Public Holidays

The workers in the Philippines are entitled to two types of holidays: regular
holidays and special holidays.

Regular holidays: There are 12 paid public holidays.

Special (non-working) holidays: On special (non-working) holidays, a no-work


no-pay policy is applied. If these days are worked, they can be paid. There are
six special holidays a year.
Minimum wage

The minimum wage in the Philippines varies between regions. Each


region's tripartite wage boards set the minimum wage rate, which ranges
from PHP 282 and PHP 537 a day.

The minimum wage rate also depends on the industry sector. The industry
sectors are broadly divided into agricultural and non-agricultural.

When an employee spends more than the required eight hours working, he
or she is entitled to additional pay, as below:
Night shifts

The labor laws of the Philippines make it mandatory to pay night shift differential to the
workers working between 10pm and 6pm. The night shift differential must not be less than
10% of the worker's regular salary.

Overtime

If an employee works more than eight hours on an ordinary workday, they are entitled to an
extra 25% of their average hourly rate.

Premium pay

Employees are eligible to receive premium pay for working on their rest days or special
holidays. If an employee needs to work on their rest day or special day, they receive an extra
30% of their daily salary. If they work on a special day that is also their rest day, they get 50%
extra payment. If the work is performed on a regular holiday that is also a rest day, the
employee gets a total of 260%.
13-month pay
13 month pay, or the colloquially named “13 month salary” is a statutory requirement that
employers must provide to certain employees.

All non-management employees in the Philippines are entitled to receive 13th-month pay.
This extra month of salary must be released by 24 December. Some employees opt to receive
the payment into two installments — in May and December.

Employees who have worked for at least one month for an employee are entitled to receive
the 13th-month pay. This is paid pro rata for those who work less than the year.

Employers need to file a compliance report by 15 January of the following year to confirm
payment has been made.
Service incentive leave

Employers in the Philippines are obligated to grant five days of paid


leave to every employee who has worked for at least one year. This can
be used either as sick leave or vacation leave.

Sick leave

Insured employees are entitled to receive at least 90% of their average


daily wage if they get hospitalized or incapacitated at home for at least
three days. The three-day waiting period does not apply to the cases of
injuries and acute diseases.
Employees who are ill are eligible to receive 90% of their average
daily salary for up to 120 days in a year. However, the employee
cannot claim this benefit for more than 240 days for the same
illness. To be eligible, the employee must have contributed to the
Social Security System for at least three months in the prior 12
months.

Employers are responsible for paying sickness benefits to their


employees which can then be reimbursed from the SSS.
Maternity and paternity leave

Both married and unmarried female workers are entitled to 60 days of


paid maternity leave for their first four pregnancies, including
miscarriages.

This is dependent on them contributing to Social Security for at least


three months during the prior 12-month period. If a C-section is needed
or there is an ectopic pregnancy requiring surgery, they are eligible for
78 days of paid leave.

Married male workers can have seven days of paternity leave for the
first four pregnancies of their wives. Male workers can apply for paternal
leave only when they are living with their spouse at the time of delivery
or miscarriage. They need to apply for leave within a reasonable period.
Retirement benefit

The pension scheme in the Philippines is regulated under Social


Security System. Retired employees who have paid their
contribution to SSS for at least 10 years before their retirement
are eligible to receive a monthly pension.

Workers who have paid their contribution for less than 10 years
get a lump sum equal to the contribution made by them and
their employers, including interest earned.
STANDARD LABOR OF THE PHILIPPINES

The Labor Code of the Philippines is a legal code that determines all employment
practices and labor relations in the Philippines. This is to help protect employees
and employers- while ensuring that neither is subject to unfair treatment or
exploitation. No employee in the Philippines must work for over 8 hours a day.

The Labor Code of the Philippines ensures that no worker is abused while giving
authority to employers to assign overtime work or work on holidays as long as they
pay the wages stated by the law. To learn more about labor and compliance in the
Philippines.

Labor standards (prescribes the conditions of employment that both employers


and employees have to abide by, such as types of employment, working hours,
minimum wage, mandatory benefits, holidays, rest days, and employment rights)
Labor Standards in the Philippines
Types of Employment
There are five types of employment in the Philippines, mostly determined by the
nature of activities that employees perform. The employer is required to establish
the terms and conditions of the employment contract, which is subject to
limitations under the Labor Code.

1. Regular Employment
● Regular or Permanent Employment is when an employee performs activities
that are necessary or desirable to the business of the employer.
● Regular employees enjoy the benefit of tenure and cannot be terminated for
causes other than those provided by law and only after due process.
2. Casual Employment
● Casual Employment is when an employee performs work that is usually not
necessary or primarily related to the employer's business. The period of
employment must be made clear to the employee at the time they started
rendering service.
● However, employees that have rendered service for at least one (1) year in
the same company, whether continuous or not, shall be considered regular
employees with respect to the activities they perform.
3. Fixed-Term Employment
● Term or Fixed-Term Employment is a type of employment that is not
determined by the activities that employees are required to perform but by
the commencement and termination of the employment contract.
4. Project Employment
● Project Employment is when an employee is hired for a specific project and
the duration of employment is defined by the scope of work and/or length
of the project.
● A project employee can acquire the status of a permanent employee if they
are continuously rehired to undertake other projects.

5. Seasonal Employment
● Seasonal Employment is defined when an employment contract is only for
a certain time or season of the year. This is common practice in service
industries, such as Retail, Food and Beverage, and Hospitality to increase
manpower and cover labor demand during peak seasons.
HOW TO BE A CULTURALLY COMPETENT NURSE

Cultural competence in nursing implies the ability of health care workers to


give the best medical care to patients while demonstrating cultural
awareness for their beliefs, race, and values. It entails having knowledge of
patients’ cultural diversity and treating them with this in mind.
Cultural competence prepares nurses to empathize, relate more to patients,
and attend more deeply to their needs. Hospital patients can often be
agitated or stressed. Having someone on their care team who speaks their
language or understands their unique background may help them to relax,
leading to greater therapy and overall care.
Cultural competence helps the nurse to understand, communicate,
and interact with people effectively. More specifically, it centers
around:
● Understanding the relationship between nurses and patients
● Acquiring knowledge of various cultural practices and views
of the world
● Developing communication skills to promote and achieve
interaction among cultures
● Ensuring a positive attitude is displayed toward differences
and various cultures
WHAT IS CULTURAL COMPETENCE

Cultural competence is the ability to understand and interact effectively with


people from other cultures.

To have multicultural competence, you need:

● A basic understanding of your own culture. (It’s difficult to understand


another’s culture if you aren’t familiar with your own.)
● A willingness to learn about the cultural practices and worldview of
others.
● A positive attitude toward cultural differences and a readiness to accept
and respect those differences.
THANK YOU!!!

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