BASIC EMPLOYEE RIGHTS

 Employment law covers all rights and obligations within the

employer-employee relationship -- whether current employees, job
applicants, or former employees. Because of the complexity of
employment relationships and the wide variety of situations that can
arise, employment law involves legal issues as diverse as
discrimination, wrongful termination, wages and taxation, and
workplace safety. Many of these issues are governed by applicable
federal and state law. But, where the employment relationship is based
on a valid contract entered into by the employer and the employee,
state contract law alone may dictate the rights and duties of the parties.
Background
 In most states, employees have a right to privacy in the workplace. This right to
privacy applies to the employee's personal possessions, including handbags or
briefcases, storage lockers accessible only by the employee, and private mail addressed
only to employee. Employees may also have a right to privacy in their telephone
conversations or voicemail messages. However, employees have very limited rights to
privacy in their e-mail messages and Internet usage while using the employer's
computer system.
 There are certain pieces of information that an employer may not seek out
concerning a potential job applicant or employee. An employer may not conduct a
credit or background check of an employee or prospective employee unless the
employer notifies the individual in writing and receives permission to do so.
 The Bureau of Working Conditions, a staff
department of the Department of Labor and
Employment, compiled a list of Basic Rights that
every worker is entitled to. These rights ensure the
safety and health of all workers.
Rights of an employee

 Right to be free from discrimination and harassment of all types;

 Right to a safe workplace free of dangerous conditions, toxic
substances, and other potential safety hazards;
 Right to be free from retaliation for filing a claim or complaint against
an employer (these are sometimes called "whistleblower" rights); 
 Right to fair wages for work performed.
Employee Rights
1. 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 relations between employees and
employers.

2. 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; authorized cause refers to
economic circumstances that are not the employee’s fault.
 
3. WORK DAYS AND WORK HOURS
 An employee must be paid their wages for all hours worked. If their work hours fall between
10:00 p.m. and 6:00 a.m., they are entitled to night shift pay in addition to their pay for regular
work hours. If they work over eight hours a day, they are entitled to overtime pay.
4. WEEKLY REST DAY
 A day-off of 24 consecutive hours after six (6) days of work should be scheduled by the
employer upon consultation with the workers.
5. WAGE AND WAGE-RELATED BENEFITS
 Wage is the amount paid to an employee in exchange for to the service that they rendered to
their employer. Wage may be fixed for a given period.
6. PAYMENT OF WAGES
 Wages should be paid directly to the employee in cash, legal tender, or through a bank.
  Wages shall be given not less than once every two weeks or twice within a month at intervals
not exceeding 16 days.
7. FEMALE EMPLOYEES
 Women are prohibited from engaging in night work unless the work is allowed by the following
rules: industrial undertakings from 10 p.m. to 6 a.m., commercial/non-industrial undertakings from
12 m.n. to 6 a.m., or agricultural takings at night provided that she has had nine consecutive hours
of rest. Welfare facilities, such as separate dressing rooms and lavatories, must be installed at the
workplace.
8. EMPLOYMENT OF CHILDREN
 The minimum employment age is 15 years of age. Any worker below 15 years of age should be
directly under the sole responsibility of parents or guardians provided that work does not interfere
with the child’s schooling or development. The minimum age of employment is 18 years for
hazardous jobs, and 15 years for non-hazardous jobs.
9. 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.
10. RIGHTS TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING
 Every worker has the right to self-organization, i.e., to form or to join any legitimate
workers’ union, free from interference of their employer or the government. All workers
may join a union for the purpose of collective bargaining and is eligible for union
membership on the first day of their employment.
 Collective bargaining is a process between two parties, namely the employer and the
union, where the terms and conditions of employment are fixed and agreed upon. In
collective bargaining, the two parties also decide upon a method for resolving grievances.
Collective bargaining results in a contract called a Collective Bargaining Agreement
(CBA).
 
Contractual Employee Rights

 As a worker, you may have some rights that are set out in the terms and conditions of your
employment or your contract, other than those required by law. These are known as contractual
employee rights.
 The terms of the contract may vary the terms of your employment and may award you additional
rights beyond the statutory minimums. For example, an employer may offer maternity and
paternity leave at full pay. However, this is not obligatory by law and is at the discretion of the
employer.
 An important point to note regarding contractual rights is that an employment contract can offer
you additional rights but they cannot offer you fewer rights than those offered by statute law. In
other words, contracts of employment cannot forcefully restrict your statutory rights. They can
only limit your rights with your consent. For example, if you agree, of your own will, to opt-out
of the maximum 48-hour working week or you agree to work on Sundays, it overrides your
statutory rights regarding these terms.
 END OF
PRESENTATION
THANK YOU!