DEPARTMENT ORDER NO.

19-93
APRIL 1, 1993

GUIDELINES GOVERNING THE EMPLOYMENT

OF WORKERS IN THE CONSTRUCTION
INDUSTRY

Sonia M. Delfin
general building general engineering
construction construction

companies involved in special trade

demolition works construction

other construction
industry determine by
DOLE
  project employees -

(1) for a specific project or undertaking;

(2) the completion or termination of such
project has been determined at the time of
the engagement of the employee.

•employment is co-terminus with each project or

phase of the project to which they are assigned.
 non-project employees -
are those employed without reference to any
particular construction project or phase of a
project.
 Regular employees -
• are those appointed as such

• those who have completed the probationary period

• those appointed to fill up regular positions vacated

as a result of death, retirement, resignation or
termination of employment of the regular holders
thereof
 Probationary employees –
are those who, upon the completion of the
probationary period, are entitled to regularization.

Condition: Upon their engagement, probationary

employee should be informed of the reasonable
standards under which they will qualify as regular
employees.
 Casual employees –
are those employed to perform work not
related to the
main line of business of the employer.
(a) the duration of the specific/identified undertaking for
which the worker is engaged is reasonably
determinable;

(b) the specific work to be performed is defined in an

employment agreement and is made clear to the
employee at the time of hiring;

(c) the work performed by the employee is in connection

with the particular project for which he is engaged;
(d) the employee while not employed and awaiting
engagement, is free to offer his services to any other
employer;

(e) the termination of his employment in the particular

project/undertaking is reported to the DOLE Regional
Office within 30 days following the date of his
separation from work;

(f) an undertaking in the employment contract by the

employer to pay completion bonus to the project
employee.
MINIMUM WAGE
OVERTIME PAY SOCIAL LEGISLATION

NIGHT DIFFERENTIAL PATERNITY &

MATERNITY LEAVES
HOLIDAY PAY
SOLO PARENT LEAVE
SERVICE INCENTIVE
LEAVE VAWC LEAVE
PREMIUM PAY SEPARATION PAY
13TH MONTH PAY RETIREMENT PAY
WEEKLY REST PERIODS OCCUPATIONAL
MEAL & REST PERIODS HEALTH AND SAFETY
RULES
 SECTOR/ Basic COLA MINIMUM
INDUSTRY WAGE

NON-AGRICULTURE P312.00 P5.00 P317.00

AGRICULTURE 302.00 5.00 307.00

RETAIL/SERVICE:
Employing not more than 10 281.00 5.00 286.00
workers 312.00 5.00 317.00
Employing 11 or more
SECURITY OF TENURE,
TERMINATION &
PROCEDURAL
DUE PROCESS
 Project employees are not by law entitled
to separation pay if:

their services are their services are

terminated as a terminated
result of because their
completion of services are no
the project or any longer needed in
phase the particular
thereof in which phase of the
they are project.
employed;
 “cause” may either be:
But project
employees who  a JUST cause – where
have become the employee is at fault
regular shall (not entitled to separation
enjoy security of pay)
tenure in their
employment.  an AUTHORIZED
Their services are cause - employee is not
terminated for a at fault but dismissal is
cause/causes. allowed by law (entitled
to separation pay)
Just Cause/Ground
+
Due Process
______________
Valid termination
 WRITTEN NOTICE
TO EMPLOYEE
ADMINISTRATIVE
INVESTIGATION
WRITTEN
EXPLANATION
OF EMPLOYEE

ADMINISTRATIVE
INVESTIGATION

FINAL WRITTEN
NOTICE
 Serious Misconduct
 Gross and Habitual Neglect of Duty
 Fraud or Willful Breach of Trust; Loss
of Confidence
 Commission of a Crime or Offense by
Employee
 Other Analogous Cases
 TERMINATION OF EMPLOYMENT

Authorized Cause/Ground
+
Prior Notice (1 mo. Notice to
the DOLE & Employee/s)
+
Payment of separation pay
______________
Valid termination
 30 days 30 days
WRITTEN
DOLE NOTICE
WORKER

 Date of Effectivity
which must be at least 30
days from Notice
Reason for Termination
Payment of Separation
Pay
 TERMINATION OF EMPLOYMENT
Separation Pay in Authorized Cause

Redundancy

At least one month salary for every year of service,

a fraction of at least six months being considered as
one whole year

Closure/Cessation of Business/Retrenchment/Disease
At least one-half month pay for every year of service, a
fraction of at least six months being considered as one whole
year
 observe the requirements of labor
and social legislations and
employee reasonable company rules and
regulations on matters pertaining to
their obligations.

responsible for the workers in its

company/ employ on matters of compliance
with the requirements of existing
contractor/subcon laws and regulations on hours of
work, wages, wage related benefits,
OSHS and social welfare benefits.
SOLIDARY LIABILITY

Agency/
Principal Contract for a specific job
Contractor

Contract
of
Employment

Employees