Employees' Basic rights

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The Employees Basic Rights

By: Glenn John M. Balongag


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Equal Work Opportunities for All

The State shall protect

labor, promote full

employment, provide equalwork opportunity regardless

of gender, race, or creed; andregulate employee-employer

relations.


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Male and female employees areentitled to equal compensation forwork of equal value and to equalaccess to promotion and trainingopportunities. Discrimination againstfemale employees is unlawful. It isalso unlawful for an employer to

require a condition of employmentthat a woman employee shall not getmarried or to stipulate expressly ortacitly that a woman employee shall

be deemed dismissed upon


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The minimum age of

employment is 18 years for

hazardous jobs, and 15 years for

non-hazardous jobs. But a child

below 15 maybe employed by

parents or guardians in a non-

hazardous job if the employment

does not interfere with the child's

schooling.


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Security of Tenure

Every employee shall be assured security oftenure. No employee can be dismissed from workexcept for a just or authorized cause, and only afterdue process.

Just Cause refers to any wrongdoing committed byan employee including:

1. serious misconduct

2. willful disobedience of employers' lawful orders

connected with work3. gross and habitual neglect of duty

4. fraud or willful breach of trust

5. commission of crime or offense against theemployer, employer's family member/s or

representative


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Security of Tenure

Authorized Cause refers to aneconomic circumstance not due to the

employee's fault, including:

1. the introduction of labor-saving

devices

2. redundancy3. retrenchment to prevent losses

4. closure or cessation of business


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Security of Tenure

Due Process in cases of just causeinvolves:

1. notice to employee of intent to dismissand grounds for dismissal

2. opportunity for employee to explain his

or her side3. notice of decision to dismiss


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Security of Tenure

In authorized causes, due processmeans written notice of dismissal to the

employee specifying the grounds, at

least 30 days before the date oftermination.

The inability of a probationary

employee to meet the employer'sprescribed standards of performance

made known to him or her at the time of

hiring is also a just cause for dismissal.


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Work Days and Work Hours

Work Day refers to any day during which anemployee is regularly required to work. Hours ofWork refer to all the time an employee rendersactual work, or is required to be on duty or to be at aprescribed workplace. The normal hours of work in aday is 8 hours. This includes breaks or rest period of

less than one hour, but excludes meal periods,which shall not be less than one hour.

An employee must be paid his or her wages forall hours worked. If all or any part of his or herregular work hours falls between 10:00 p.m. to 6:00a.m., a covered employee shall be entitled to a nightshift pay in addition to his or her pay for regularwork hours. If he or she works for more than 8hours in one day, he or she shall be entitled to

overtime pay.


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Weekly Rest Day

A day-off of 24 consecutive hoursafter 6 days of work should be scheduled

by the employer upon consultation with

the workers.


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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. If wage is for afixed period, the minimum wage for a

regular 8-hour workday shall not be

lower than the minimum daily wageapplicable to the place of work as

determined by the Regional Tripartite

Wage and Productivity Board having

urisdiction over work lace.


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Wage and Wage-Related

Benefits

If wage is paid by result, the workershall receive at least the prescribedminimum wage for 8 hours of work. The

amount may be increased or reducedproportionately if work is rendered formore or less than 8 hours a day.An employer cannot make any deduction

from an employee's wage except forinsurance premiums with the consent ofthe employee, for union dues, or forwithholding taxes, SSS premiums andother deductions expressly authorized by

law.


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Payment of Wages

Wages shall be paid in cash, legaltender at or near the place of work.Payment may be made through a bank

upon written petition of majority of theworkers in establishments with 25 ormore employees and within one (1)kilometer radius to a bank. Payment

shall be made directly to the employees.Wages shall be given not less than

once every two (2) weeks or twice withina month at intervals not exceeding 16days.


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Computation of Wages

Computation of wages is governed by thefollowing rules:

Computing Overtime: On Ordinary Days

Number of hours in excess of 8 hours (125%x hourly rate)

On a rest day, special day, or regularholiday

Number of hours in excess of 8 hours (130%x hourly rate)


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Computation of Wages

Computing Night Shift Premium WhereNight Shift is a Regular Work:

On Ordinary day (110% x basic hourly

rate) On a rest day, special day or regular

holiday (110% x overtime hourly rate

for rest days, special days, regularholidays)


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Employment of Women

Nightwork prohibition unless allowed by the Rules:

in industrial undertakings from 10PM to 6AM

in commercial/non-industrial undertakings from 12MNto 6AM

in agricultural undertakings, at night time unlessgiven not less than 9 consecutive hours of rest

Welfare facilities must be installed at the

workplace such as seats, separate toilet rooms,lavatories, and dressing rooms.

Prohibition against discrimination with respect topay (i.e. equal pay for work of equal value),

promotion, training opportunities, study andscholarship grants.


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Employment of Children

Minimum employable age is 15 years.A worker below 15 years of age should

be directly under the sole responsibility

of parents or guardians; work does notinterfere with child's schooling/normal

development.

No person below 18 years of age can

be employed in a hazardous or

deleterious undertaking.


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Safe Working Conditions

Employers must provide workers with everykind of on-the-job protection against injury,sickness or death through safe and healthfulworking conditions.

Jobs may be hazardous or highly hazardous.Hazardous jobs are those which expose theemployee to dangerous environment elements,

including contaminants, radiation, fire,poisonous substances, biological agents andexplosives, or dangerous processes orequipment including construction, mining,quarrying, blasting, stevedoring, mechanizedfarming and operating heavy equipment.


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Rest Days and Holidays

Regular Holidays New Years Day January 1 Maunday Thursday movable dates

Good Friday movable dates

Araw ng Kagitingan April 9

Labor Day May 1 Independence Day June 12

National Heroes Day last Monday of August

Bonifacio Day November 30

Christmas Day December 25

Rizal Day December 30

Special Holidays All Saints Day November 1

Last Day of the Year December 31


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Leaves

The three types of leaves, which anemployee is obliged to extend to its

employees are:

a. Service Incentive Leave (SIL), which

refers to a five-day leave with pay to which

an employee is entitled after one year of

service. Unused SIL may be converted to

cash at the end of each year of service, and

the computation shall be the salary rate at

the time of conversion.


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Leaves

c. Paternity Leave, which allows a maleemployee a leave of seven days with full

pay when legitimate spouse gives birth

or suffers miscarriage. It shall be grantedto the employer for the first four

deliveries of his legitimate spouse.


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Administration and Enforcement

Labor Standards are the minimumterms and conditions of employment fixed

through the Labor Code, including wages

and wage-related benefits and leaves. Noemployer is allowed to extend to its

employees terms and conditions of

employment below these standards.


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Administration and

Enforcement

Under the visitorial power, theSecretary of Labor and Employment

through the Regional Director or an

authorized representative can inspect orinvestigate the premises or records of the

employer at any time whenever work is

being undertaken. The power is intendedto determine whether the employer is

complying with labor standards or other

obligations to its workers as prescribed by

the Labor Code.


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Administration and Enforcement

Through the Enforcement Power, the Secretaryor Regional Director can

1. Order an employer, after due notice and hearing, tocomply with labor standards;

2. issue a writ of execution in case the employer

does not honor the order of compliance; or3. Stop work or suspend operations if the violation

poses an imminent danger to the health and safetyof workers. If work is stopped or suspended due toimminent danger, the employer has aright to a

hearing, to be conducted within 24 hours from thetime of work or when operations is stopped. Thehearing is to determine whether or not it is safe forwork operations to resume.


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Right to Self-Organization

and Collective Bargaining

The right to self-organization is the rightof every worker, free of any interferencefrom the employer or from government, toform or join any legitimate worker'sorganization, association or union of his orher own choice. Except those classified asmanagerial or confidential employees, allemployees may form or join unions for

purposes of collective bargaining and otherlegitimate concerted activities. Anemployee is eligible for membership in anappropriate union on the first day of his or

her employment.


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Right to Self-Organization

and Collective Bargaining

Collective Bargaining involves two parties:1. the representative of the employer2. a union duly authorized by the majority of

the employees within a bargaining unitcalled exclusive bargaining agent.

It is a process where the parties agree:

1. to fix and administer terms andconditions of employment which must notbe below the minimum standards fixed bylaw

2.to set a mechanism for resolving theirgrievances


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Workers Participation and

Tripartism

Workers have a right participate inpolicy and decision making processes inmatters directly affecting them. They havea right to take part in tripartite activitieswith government and employersorganizations. Through their organizations,workers are entitled to representation in

tripartite decision-making functions asdefined by law, including fixing of wagesand resolution of labor disputes.


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Social Legislations

Social legislations are laws which providesocial security benefits to workers, generallythrough:

1. income substitutes in case they suffer

contingencies resulting in temporary or permanentloss of earning capacity;

2. also rehabilitation assistance for work-related disability;

3. financial assistance or allowance for death orsickness;

4. old age pensions in case of retirement; and

5. credit access for social needs.


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Social Legislations

Social security benefits are sources from acommon fund sustained by contributions fromemployers or employees or both. The mainsecurity programs are:

1. the Employees Compensation Program,which provides employees and dependents withtax-exempt income and medical benefits in case ofwork connected disability or death;

2. the Social Security Program, which providestax-exempt benefits for employees and theirfamilies in case of disability, sickness, old age ordeath;

3. the Housing Program, which providesem lo ees who are members of SSS housin


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On Labor Disputes

A Labor Dispute is any controversy ormatter concerning the association or

representation of persons for purposes of

collective bargaining, or concerning termsor conditions of employment, including

violations of labor standards, labor

relations, and welfare and social laws.


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Types of Disputes

A labor dispute may between:1. the employer and its employees or

employees organizations;

2. two associations of employees; and3. members of employees organizations.


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Employees' Basic rights

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