Labor Standards

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LABOR

STANDARDS
BUSINESS LAW 2022-2023
What is a Labor Standard?
A labor standard is the amount of
labor time that is expected for the
completion of a task.
The Basic Rights of Filipino
Employees
All Filipino workers have fundamental working
rights. As an employer, it is your job to comply
with these laws and give your workers their due
rights to ensure their safety and livelihood.
According to the Philippine constitution, the
following are the basic rights of Filipino workers.
Equal Work Opportunities for All
The Department of Labor and Employment states employers
must protect labor, provide equal work, promote employment
regardless of race, gender, or creed, and regulate
relationships with their employees. This law applies to
situations such as paying someone less due to prejudice.

As a responsible employer, you should not be paying an


employee less or denying them work due to the
discriminatory factors stated.
Security of Tenure
The law states that employees have a right to job security. You cannot
dismiss them due to unjust and unauthorized causes. Additionally, due
process, which entails extensive investigation of a supposed incident, is
necessary.

Just cause is defined as any form of wrongdoing an employee may


commit, while an authorized cause is when the termination is based on
reasonable grounds like redundancy and retrenchment. This
fundamental right entails that you cannot terminate employees on a
whim.
Work Days and Hours
All hours worked must be compensated
appropriately. A typical workday is eight (8)
hours with one (1) hour for meals and rest.
Employees are also entitled to higher pay
when working overtime or during the night
shift.
Weekly Rest Day
Your duty as an employer involves giving
your employees at least 24 hours of an
uninterrupted rest day after every six (6)
consecutive working days. However, the law
does not explicitly state that a rest day
should be on the weekend.
Wage and Wage-Related Benefits
Wage is compensation for services rendered
by your employees. It can be fixed for a
specific period. The minimum wage may vary
depending on the sector or region where the
worker is employed. Failure to appropriately
compensate your employees is a direct
violation of the law.
Female Employees
While already an outdated law, female employees are prohibited from
reporting to night work, with some exemptions under specific rules and
conditions. For Industrial work, they may report from 10 PM to 6 AM.
Commercial, non-industrial, and agricultural work may be conducted
between 12 AM and 6 AM, provided that they have had nine (9)
consecutive hours of rest time.

Additionally, welfare facilities like independent dressing rooms and


lavatories must be present in your work establishments.
Payment of Wages
The wage payment process involves all
compensation paid in cash, legal tender, and on-site
or near the workplace. Employers can opt to pay
wages through bank transfers. All forms of wage
payment must be paid directly to employees and
given every two (2) weeks but not exceeding 16
days.
Employment of Children
The Philippines’ minimum working age is 15 years old. Any
worker you employed before age 15 must have permission
and be under the strict supervision of their parents or
guardians. Additionally, you must ensure that the workload
will not interfere with the child’s development or schooling.

DOLE issues work permits for hazardous jobs to legal adults


or 18 years of age. In contrast, workers 15 years of age can
only secure a work permit if the nature of the job is non-
hazardous.
Safe Working Conditions
Regardless of industry or nature of work, the law states that
you must provide safety precautions to protect your
employees against sickness, injury, or death. On-the-job
protection like proper ventilation, fire exits, fire
extinguishers, and occupational health personnel or service
must be present.
Rights to Self-Organization and
Collective Bargaining
Collective bargaining refers to negotiating terms about a
particular issue between the employers and employees.
From the first day of employment, all workers already have
the right to self-organize and join unions to take part in
collective bargaining.
Leave Benefits:
Sick Leave
Sick leaves are taken by employees who are not fit to work
due to illnesses or disabilities. Employees may also take this
leave to care for a sick family member.

Vacation Leave
While not mandated by law, several companies grant
vacation leaves to employees to attend to personal matters.
These can be used for rest or leisure.
Parental Leave
Parental leave is a statutory benefit that allows new parents to care for
and spend time with their newborns. If the employee has rendered at
least one (1) year of work in the company, they’re entitled to this benefit
and are assured job security.

Bereavement Leave
Bereavement leave is a paid leave available to employees following the
death of an immediate family member. The temporary leave will grant
the employee ten (10) days to attend to funeral arrangements and other
concerns related to a loved one’s death.
Special Leaves
Female employees who underwent surgery
due to gynecological disorders are granted
two (2) months of special leave with full pay.
Pay will be based on the employee’s gross
monthly compensation, subject to existing
Philippine laws, rules, and regulations

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