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Labor Code of The Philippines

The document summarizes key provisions from the Labor Code of the Philippines related to conditions of employment, including hours of work, overtime pay, meal periods, and termination of employment. It discusses normal hours of work, additional pay for night shifts and holidays, allowable reasons for overtime, and how to calculate additional compensation. It also outlines the differences between regular, probationary and casual employment and acceptable reasons for termination by employers and employees.

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Norman Quilloy
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© Attribution Non-Commercial (BY-NC)
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227 views31 pages

Labor Code of The Philippines

The document summarizes key provisions from the Labor Code of the Philippines related to conditions of employment, including hours of work, overtime pay, meal periods, and termination of employment. It discusses normal hours of work, additional pay for night shifts and holidays, allowable reasons for overtime, and how to calculate additional compensation. It also outlines the differences between regular, probationary and casual employment and acceptable reasons for termination by employers and employees.

Uploaded by

Norman Quilloy
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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Graduate School

NRSG. 507 Discussion


THE LABOR CODE OF THE PHILIPPINES
Norman M. Quilloy, RN, CRN
Master of Arts in Nursing Administration and Supervision

Mr. Henry G. Robeniol RN, MAEd, MAN, LLB, Ph.D.


Subject Adviser

Dr. Carlos S. Lanting College


18 September 2011

The

LABOR CODE
of the

PHILIPPINES
09/18/2011 Norman M. Quilloy RN, CRN 2

PRESIDENTIAL DECREE NO. 442 THE LABOR CODE OF THE PHILIPPINES


Preliminary Title Book I Pre Employment Book II HRD Program Book III Conditions of Employment Book IV Health, Safety and Social Welfare Book V Labor Relations Book VI Post Employment Book VII Transitory and Final Provisions

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Norman M. Quilloy RN, CRN

BOOK THREE CONDITIONS OF EMPLOYMENT


Title I
WORKING CONDITIONS AND REST PERIODS

Chapter I
HOURS OF WORK

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Norman M. Quilloy RN, CRN

Article 82: Coverage


Applies

to employees in all establishments and undertakings whether for profit or not applicable for government employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in personal service of another, etc.
Norman M. Quilloy RN, CRN 5

Not

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Article 82: Coverage

Managerial Employees primary duty consists of management of establishment, department or subdivision, officers or managerial staff Field Personnel non-agricultural employees who regularly perform duties away from principal place of business or branch office; actual hours of work cannot be determined with reasonable certainty
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Article 83: Normal Hours of Work


Shall not exceed eight (8) hours a day Health personnel in cities and municipalities with population of 1 million Hospitals and clinics with bed capacity of at least 100 = 8 hours a day for 5 days a week
Exclusive

of time for meals (except where exigencies of service require 48 hours or 6 days a week)
Norman M. Quilloy RN, CRN 7

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Article 83: Normal Hours of Work


Additional of 30% of regular wage for work on the 6th day

Health professionals include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, lab technicians, paramedical technicians, psychologists, midwives and other hospital or clinical personnel
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Article 84: Hours Worked


All

time for an employee required to be on duty time during which an employee is permitted or suffered to work

All

Rest

periods of short duration during working hours shall be counted as hours worked
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Article 85: Meal Periods


It

is the duty of every employer to give employees not less than 60 minutes timeoff for regular meals

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10

Article 86: Night Shift Differential


Must

be paid not less than 10% of regular wage for every hour of work performed between 10pm to 6am

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11

Article 87: Overtime Work


Work

may be performed beyond 8 hours a day provided that employee is paid for the overtime work additional compensation equivalent to his regular wage plus at least 25% performed beyond 8 hours on a holiday or rest day must be paid an additional of at least 30% plus the first 8 hours of work
Norman M. Quilloy RN, CRN 12

An

Work

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Article 88: Undertime not offset by Overtime


Overtime

on any other day cannot be used to make up for undertime in any particular day
to go on leave on some other day shall not exempt employer from paying additional compensation required

Permission

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13

Article 89: Emergency Overtime Work


Employees are required by employer to perform overtime work in the following cases:
1.

Country is at war or any other local or national emergency has been declared by National Assembly or Chief Executive When necessary to prevent loss of life or property or incase of imminent danger to public safety due to flood, fire, typhoon, earthquake, serious accidents, epidemic, disaster, calamity etc
Norman M. Quilloy RN, CRN 14

2.

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Article 89: Emergency Overtime Work


3. When there is urgent work to be performed on machines, equipment etc. to avoid serious loss or damage to employer 4. When work is necessary to prevent loss or damage to perishable goods 5. Where completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer
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Article 90: Computation of Additional Compensation


Computing

overtime and other additional remuneration as required by this chapter regular wage of an employee shall include the cash wage only, without deduction on the account of facilities provided by employer

The

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16

BOOK SIX POST EMPLOYMENT


Title I
TERMINATION OF EMPLOYMENT

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ARTICLE 280. Regular and Casual Employment

The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer,

ARTICLE 280. Regular and Casual Employment


except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

ARTICLE 280. Regular and Casual Employment

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, that any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.

ARTICLE 281. Probationary Employment

Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period.

ARTICLE 282. Termination by Employer

An employer may terminate an employment for any of the following causes:

(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

ARTICLE 282. Termination by Employer


(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

ARTICLE 282. Termination by Employer


(d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and (e) Other causes analogous to the foregoing.

ARTICLE 283. Closure of Establishment and Reduction of Personnel


In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

ARTICLE 284. Disease as Ground for Termination.


An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

ARTICLE 285. Termination by Employee


(a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

ARTICLE 285. Termination by Employee


(b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes: 1. Serious insult by the employer or his representative on the honor and person of the employee;

ARTICLE 285. Termination by Employee


2. Inhuman and unbearable treatment accorded the employee by the employer or his representative; 3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and 4. Other causes analogous to any of the foregoing.

ARTICLE 286. When Employment Not Deemed Terminated


In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.

THANK YOU

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