Basic Rights

of an
Employee
3-Labor Law Group, CLEP 1

Mariano, Ana Patricia M.

Memoracion, Michael Angelo L.
Nalda, Glaiza Mae
Tena, Patricia Celine B.
Siriban, George III V.
 Table of Equal Work Opportunities for All

Contents Security of Tenure

Points for Discussion

Work Days and Work Hours

Weekly Rest Day

Wage and Wage -Related Benefits

Payment of Wages
 Table of Employment of Women

Contents Employment of Children

Points for Discussion

Self Working Conditions

Right to Self Organization and Collective

Bargaining

EC Benefits for Work-Related Contingencies

Video
Equal Work Opportunities
for All

The State shall protect labor, promote full employment,

provide equal work opportunity regardless of gender,
race, or creed; and regulate employee-employer
relations.
 Equal Work Opportunities
for All

Male and female employees are entitled to equal compensation

for work of equal value and to equal access to promotion and
training opportunities. Discrimination against female employees
is unlawful. It is also unlawful for an employer to require a
condition of employment that a woman employee shall not get
married, or to stipulate expressly or tacitly that a woman
employee shall be deemed dismissed upon marriage.
 Equal Work Opportunities
for All

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.
 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.

Just Cause refers to any wrongdoing committed by an employee

including:

1. serious misconduct
2. willful disobedience of employers' lawful orders connected with
work
3. gross and habitual neglect of duty
4. fraud or willful breach of trust
5. commission of crime or offense against the employer, employer's
family member/s or representative
6. other analogous cases
 Security of Tenure

Authorized Cause refers to an economic

circumstance not due to the employee's fault,
including:

1. the introduction of labor-saving devices

2. redundancy
3. retrenchment to prevent losses
4. closure or cessation of business
 Security of Tenure
Due Process in cases of just cause involves:

1. notice to employee of intent to dismiss and grounds for

dismissal
2. opportunity for employee to explain his or her side
3. notice of decision to dismiss

In authorized causes, due process means written notice of

dismissal to the employee specifying the grounds, at least
30 days before the date of termination. The inability of a
probationary employee to meet the employer's prescribed
standards of performance made known to him or her at
the time of hiring is also a just cause for dismissal.


Work Days and Work

Hours

Wage is the amount paid to an employee in

exchange for a task, piece of work, or service
rendered to an employer. This includes overtime,
night differential, rest day, holiday and 13th
month pay. It also includes the fair and
reasonable value of board, lodging and other
facilities customarily furnished by the employer.


Work Days and Work

Hours

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 a fixed period, the minimum wage
for a regular 8-hour workday shall not be lower
than the minimum daily wage applicable to the
place of work as determined by the Regional
Tripartite Wage and Productivity Board having
jurisdiction over workplace.


Work Days and Work

Hours
If wage is paid by result, the worker shall receive
at least the prescribed minimum wage for 8 hours
of work. The amount may be increased or reduced
proportionately if work is rendered for more or less
than 8 hours a day.

An employer cannot make any deduction from an

employee's wage except for insurance premiums
with the consent of the employee, for union dues,
or for withholding taxes, SSS premiums and other
deductions expressly authorized by law.
Weekly Rest Day

A day-off of 24 consecutive hours after 6

days of work should be scheduled by the
employer upon consultation with the
workers.
Wage and Wage-Related
Benefits

Wage is the amount paid to an employee in

exchange for a task, piece of work, or service
rendered to an employer. This includes overtime,
night differential, rest day, holiday and 13th
month pay. It also includes the fair and
reasonable value of board, lodging and other
facilities customarily furnished by the employer.
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 a fixed period, the minimum wage for a
regular 8-hour workday shall not be lower than
the minimum daily wage applicable to the place
of work as determined by the Regional Tripartite
Wage and Productivity Board having jurisdiction
over workplace.
Wage and Wage-Related
Benefits

If wage is paid by result, the worker shall receive at

least the prescribed minimum wage for 8 hours of
work. The amount may be increased or reduced
proportionately if work is rendered for more or less
than 8 hours a day.

An employer cannot make any deduction from an

employee's wage except for insurance premiums with
the consent of the employee, for union dues, or for
withholding taxes, SSS premiums and other
deductions expressly authorized by law.
Payment of Wages

Wages shall be paid in cash, legal tender at

or near the place of work. Payment may be
made through a bank upon written petition
of majority of the workers in establishments
with 25 or more 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 within a
month at intervals not exceeding 16 days.
Employment of Women
Nightwork prohibition unless allowed by the Rules:

1. in industrial undertakings from 10PM to 6AM

2. in commercial/non-industrial undertakings from
12MN to 6AM
3. in agricultural undertakings, at night time unless
given 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 to pay

(i.e. equal pay for work of equal value), promotion,
training opportunities, study and scholarship grants.
 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
not interfere with child's schooling/normal
development.

No person below 18 years of age can be employed

in a hazardous or deleterious undertaking.
Safe Working Conditions

Employers must provide workers with every kind of on-

the-job protection against injury, sickness or death
through safe and healthful working conditions.

Jobs may be hazardous or highly hazardous.

Hazardous jobs are those which expose the employee
to dangerous environment elements, including
contaminants, radiation, fire, poisonous substances,
biological agents and explosives, or dangerous
processes or equipment including construction, mining,
quarrying, blasting, stevedoring, mechanized farming
and operating heavy equipment. If you need further
information on the provisions of the OSH Standards,
please click here (OSH Standards) and LCP, Book IV
Right to Self-Organization
and Collective Bargaining

The right to self-organization is the right of every

worker, free of any interference from the employer or
from government, to form or join any legitimate
worker's organization, association or union of his or her
own choice. Except those classified as managerial or
confidential employees, all employees may form or join
unions for purposes of collective bargaining and other
legitimate concerted activities. An employee is eligible
for membership in an appropriate union on the first day
of his or her employment.
Right to Self-Organization and
Collective Bargaining

Collective Bargaining involves two parties:

1. the representative of the employer

2. a union duly authorized by the majority of the employees
within a bargaining unit called exclusive bargaining agent.

It is a process where the parties agree:

1. to fix and administer terms and conditions of employment

which must not be below the minimum standards fixed by law
2. to set a mechanism for resolving their grievances
Right to Self-Organization and
Collective Bargaining

The result of collective bargaining is a contract called

collective bargaining agreement (CBA). A CBA generally
has a term of five years. The provisions of a CBA may be
classified as political or economic. Political provisions refer
to those which define the coverage of the CBA and
recognize the collective bargaining agent as the exclusive
representative of the employees for the term of the CBA.
Economic provisions refer to all terms and conditions of
employment with a monetary value. Economic provisions
have a term of five years but may be renegotiated before
the end of the third year of effectivity for the CBA.
EC Benefits for Work-Related
Contingencies
The Employees' Compensation Program is the tax-exempt
compensation program for employees and their
dependents created under Presidential Decree No. 626
which was implemented in March 1975. The benefits
include:

1. Medical benefits for sickness/injuries

2. Disability benefits
3. Rehabilitation benefits
4. Death and funeral benefits
5. Pension benefits
Source/Reference:
https://bwc.dole.gov.ph/the-
workers-basic-rights