WORKPLACE RIGHTS AND RESPONSIBILITIES

1. LABOR CODE OF THE PHILIPPINES

The Labor Code of the Philippines governs employment practices and labor relations in the
Philippines. It also identifies the rules and standards regarding employment such as pre-
employment policies, labor conditions, wage rate, work hours, employee benefits,
termination of employees, and so on. Under the regime of the President [Ferdinand
Marcos], it was promulgated in May 1. 1974 and took effect November 1, 1974, six months
after its promulgation.

2. PRE-EMPLOYMENT
3. Minimum employable age
The minimum age for employment is 18 years old and below that age is not allowed. Persons
of age 15 to 18 can be employed given that they work in non-hazardous environments.

Overseas employment
As for overseas employment of Filipinos, foreign employers are not allowed to directly hire
Philippine nationals except through board and entities authorized by the Secretary of Labor.
Travel agencies also cannot transact or help in any transactions for the employment or
placement of Filipino workers abroad. Once Filipinos have a job in a foreign country, they are
required to remit or send a portion of their income to their families, dependents, and/or
beneficiaries in the Philippines. Regulations and conditions on employment.

Minimum wage rate

Minimum wage rates in the Philippines vary from region to region, with boards established for each
region to monitor economic activity and adjust minimum wages based on growth rates,
unemployment rates, and other factors. The minimum wage rate for Non-Agriculture employees, in
Manila region, established under Wage Order No. NCR 15 is P404 per day, but in May 9, 2011, a (cost
of living allowance) of P22 per day was added to P404 wage, making the minimum wage P426. COLA
was also added to the previous P367 minimum wage for the following sectors: Agriculture, Private
Hospitals (with bed capacity of 100 or less), and manufacturing establishments (with less than 10
workers), leaving the sectors with P389 as minimum wage. The 426 combined rate is locally referred
to in the Philippines as "Manila Rate" due to this regional disparity

Regular work hours and rest periods

Normal hours of work - The normal hours of work of any employee shall not exceed eight (8) hours a
day. Health personnel in cities and municipalities with a population of at least one million (1,000,000)
or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office
hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except where the
exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in
which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of
their regular wage for work on the sixth day. For purposes of this Article, "health personnel" shall
include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory
technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or
clinic personnel. Meal periods- Subject to such regulations as the Secretary of Labor may prescribe, it
shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for
their regular meals.

Rest days
All employees have the right to have a 24 consecutive hours of rest day after every 6 days of work.
Employers are responsible for determining and scheduling the rest day of employees except only if
the employee prefers a different day based on religious grounds. However, the employer may require
an employee to work during his/her rest day in cases of emergencies, special circumstances at work in
which employees are seriously needed, to prevent losses or damage to any goods or to the employer,
and other cases that have reasonable grounds

Nightshift differential and overtime

Employees are also given additional wages for working in night shifts. The night shift starts from 10
o’clock in the evening until 6 o’clock in the morning, and employees will receive 10% more of his/her
regular wage rate. Overtime work for employees (beyond 8 hours) are allowed and workers shall be
paid with his/her regular wage plus an additional 25% of the regular wage per hour worked or 30%
during holidays or rest days.

Household helpers
Household helpers, or maids, are common in the Philippines. Household helpers deliver services at
the employer’s home, attending to the employer’s instructions and convenience. The minimum wage
of household helpers is P800 per month for some cities in Metro Manila, while a lower wage is paid to
those outside of Metro Manila. However, most household helpers receive more than the minimum
wage; employers usually give wages ranging from P2, 500 and above per month. On top of that,
employers are required to provide food, sanitary lodging, and just treatment to the household helper

3. POST- EMPLOYMENT
Termination by employer
The employer has the right to terminate an employee due to the following reasons: serious
misconduct or disobedience to the employer, neglect of duties or commission of a crime by the
employee, and such gives the employer a just case to terminate the services of the employee.

Retirement
The retirement age for an employee depends on the employment contract. Upon retirement, the
retired employee should be given his/her benefits according to the agreement or contract between
the employer and the employee. However, if there is no existing retirement plan or agreement for the
employee, he/she may retire at the age of 60, given that he/she has served the employer for 5 years,
and shall be given a retirement pay of at least half a month’s salary for every year of service (6 months
of work given is considered as 1 whole year for the retirement pay).
Employers’ Responsibilities Towards Employees 
These are the main ones:  

 Employers must give their employees a place to work and make sure they have

access to it. They must give them the tools, equipment and other
things they need to do their work. 
 Employers must pay their employees the salary and benefits they agreed
to, including vacation, paid holidays and other types of holidays.  
 Employers must make sure that working conditions protect their
employees’ physical and psychological health and safety.  
 In some cases, employers must give their employees written
notice that their contracts are ending or that they are being laid off. Note
that employers can pay employees a sum of money instead of giving the notice. 
 Employers must treat their employees with respect. They must make sure their
employees are not harassed or discriminated against.
 Employers must take steps when they know, or reasonably should know, that
employees are exposed to domestic, family or sexual violence in the workplace.
They must do this whether the employee is working in the office or working from
home.

Main Responsibilities of Employees 

Employees have responsibilities towards their employers, even if they work part time or
don’t have a written contract with their employers. 

These are the main responsibilities of employees:

 to personally do the work they were hired to do 

 to do their work carefully and seriously (In some cases, they could be fired or
disciplined if they’re often late for work, or if they’re absent too often or for
no good reason.) 
 to avoid putting themselves or others in danger   
 to follow their employer’s instructions (There are some exceptions. For example,
if an employer asks an employee to do something dangerous or illegal, the
employee doesn’t have to follow these instructions. 
 to be loyal and honest