DECENT WORK

AND
EMPLOYMENT
Redelita G. Haboc
https://www.youtube.com/watch?v=HJEue9-
lTgg&t=330s
I.
definiti0n 0f decent w0rk
~It is an employment that respects the fundamental
rights of the human person as well as the rights of
workers in terms of condition of work safety and
remuneration, respect for the physical and mental
integrity of the worker in the exercise of his/her
employment.
 II.
Four Objectives of ILO’s Decent Work Agenda
 1.To create jobs
This requires an economy that is
capable of generating investment
opportunities, gives impetus to
entrepreneurship, promotes skill
and development and provides
sustainable livelihoods.
 2.To provide guarantee in worker’s rights
and rights at work

For the workers to be able to get

recognition and respect at work.
 3.To extend social protection to
workers of all categories

It is the concern that all workers are

able to enjoy safe working
conditions and are allowed to take
rest.
4.To help workers in resolution of conflicts and
promotion of social dialogue

Social dialogue between workers and

employer’s organizations helps in
increasing productivity and sense of
belonging towards workplace and may
even help in identifying mutual
problems beforehand and thus avoid
disputes at work.
III.
Nature and Conditions of
Employment
 A.
Types of
Employment in the
Philippines
 1.Regular or permanent Employment

-It is when an employee performs activities that are usually necessary or

desirable in the usual business or trade of an employer.
-They enjoy the benefit of security of tenure provided by the Philippine
Constitution and cannot be terminated for causes other than those provided by
law and only after due process is given to them.
 *Under Article 281 of the Labor Code of the
Philippines-the maximum length of probationary
employment shall be six (6) m0nths and is counted
from the date an employee started working.
 2. Term or Fixed
Employment
- The employee renders service for a definite
time of employment contract must be
terminated after such period expires.
 3. Project Employment

- When an employee is hired for a specific project or undertaking

and the employment duration is specified by the scope of work and/or length of the
project.
A project employee may acquire the status of a regular employee when they are
continuously rehired after the completion of the project or when the tasks they perform
are vital,necessary and indispensable to the usual business or trade of the employer.
 4. Seasonal Employment

- When the work to be performed is only for

a certain time or season of the year and employment is only for
that duration.
- This is commonly practiced in Retail,
Food and Beverage, Hospitality and other related industries as
augmentation to their workforce to cover for the demand during
peak seasons.
 5. Casual Employment

-When an employee performs work that is not usually necessary or primarily

related to the employer’s business or trade. The definite period of employment should be made

known to the employee at the time they started rendering service.

IV. Working Conditions and Rest Periods, Hours of
Work, Salary and Wages and Benefits.
 -Managerial Employees- This refers to those whose primary
duty consists of the management of the establishment in which
they are employed of a department or subdivision thereof, and to
other officers or members of the managerial staff.
 Field Personnel- Refers to non- agricultural employees who
regularly perform their duties away from the principal place of
business or branch office of the employer and whose actual
hours of work in the field cannot be determined with reasonable
certainty.
* NORMAL HOURS OF WORK-Article 83.The normal hours
of work of any employee shall not excedd eight (8) hours
a day.
 Health Personnel
working in cities and municipalities with a population of at
least 1 million or in hospitals or clinic with a bed capacity of
at least 100 shall hold regular office hours of 8 hours aday,5
days a week
 MEAL PERIODS- Article 85.Subject to
regulation 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.
 NIGHT SHIFT DIFFERENTIAL –
Every employee shall be paid a night
shift differential of not less than 10% of
his regular wage for each hour of work
performed between 10pm and 6am.
* OVERTIME WORK – Work performed beyond the eight hours a day
must be paid by the employer.

- Work may be performed beyond eight hours a day provided

that the employee is paid for the overtime work, an additional
compensation equivalent to his regular wage plus at least 25% thereof.
Work performed beyond eight hours on a holiday or rest day shall be
paid an additional compensation equivalent to the rate of the first 8
hours on a holiday or rest day at least 30% thereof.
* UNDERTIME NOT OFFSET BY OVERTIME

- Undertime work on any particular day shall not be offset by

overtime work on any other day.
 * EMERGENCY OVERTIME WORK – Any
employee may be required by the employer to perform
overtime work in any of the following cases:
 1. 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.
 2. When it is necessary to prevent loss of life or
property or in case of imminent danger to public safety
due to an actual or local emergency in the locality
caused by serious accidents, fires, flood, typhoon,
earthquake, epidemic, or other disaster or calamity.
 3.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 cause of similar nature.
 4. When the work is necessary to
prevent loss or damage to perishable goods.
5. Where the completion or continuation of the work
started before the eight hour is necessary to prevent
serious obstruction or prejudice to the business or
operations of the employer.
 *COMPUTATION OF ADDITIONAL COMPENSATION-
ARTICLE 90. The regular wage of an employee shall include the
cash wage only, without deduction on account of facilities provided
by the employer.

*RIGHT TO WEEKLY REST DAY

- It shall be the duty of every employer, wheteher
operating for profit or not, to provide ach of his employees a rest
period of not less than 24 consecutive hours after every six
consecutive normal work days.
 *ARTICLE 92.When employer may require work on a rest
day.The employer may require his employees to work on any
day:
1. In case of actual or impending emergencies caused by
serious aacidents, fire, flood, typhoon, earthquake, epidemic or
other disaster or calamity to prevent loss of life and property or
imminent danger to public safety.
 2. In case of urgent work to be performed on the machinery,
equipment, or installation, to avoid serious loss which the employer
would otherwise suffer.
3. In the event of abnormal pressure of work due to special
circumstances, where the employer cannot ordinarily be
expected to resort to other measures
4. To prevent loss or damage to
perishable goods.
 5. Where the nature of work requires continuous operations and the
stoppage of work may result in irreparable injury or loss to the employer.
6. Under other circumstances analogous or similar to the foregoing
as determined by the Secretary of Labor and Employment
*COMPENSATION FOR REST DAY,SUNDAY OR
HOLIDAY WORK.ARTICLE 93
- When an employee is made or
permitted to work on his scheduled rest day he shall
be PAid on additional compensation of at least 30%
of his regular wage.An employee shall be entitled to
such additional compensation for work performed on
Sunday only when it is his established rest day.
 * RIGHT TO HOLIDAY PAY.ARTICLE 94
- The employer may require an employee to
work on any holiday but such employee shall be paid a
compensation equivalent to twice his regular rate.
 Work performed on any special
holiday shall be paid an additional
compensation of at least 30% of
the regular wage of the employee
 * RIGHT TO SERVICE INCENTIVE
LEAVE.ARTICLE 95
- Every employee who has rendered at least
one year of service shall be entitled to a yearly service
incentive leave of five days with pay.
 *SALARY AND WAGES
- Article 99.Regional minimum wages
- Article 100.Proibition against elimination or
diminution of benefits.
-
 Article 101. Payment by results
The Secretary of labor and Employment shall regulate the
payment of wages by results, including pakyaw,piecework, and
other non-time work, in order to ensure the payment of afir and
reasonable wage rates, preferably through time and motion
studies or in consultation with representatives of workers and
employers organization.
 * PAYMENT OF WAGES

- ARTICLE 102.FORMS OF PAYMENT

-Payment of wages by check or money.
- ARTICLE 103. TIME OF PAYMENT
- Wages shall be paid at least once every two weeks
or twice a month at intervals not exceeding 16 days.
 www.ilo.org
https://www.dole.gov.ph/php_assets/uploads/2017/11/
LaborCodeofthePhilippines20171.pdf