The Basic Rights

of Employees
According to DOLE
(Department of Labor and Employment)
The Basic Rights of
Employees
O People can enjoy more the job
opportunities in the Philippines when laws
on working conditions are strictly followed.
O Learn more about your rights and see if
your employer is following the rules.
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 employee-employer relations.

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Male and female employees are entitled to equal
compensation for work of equal value and to equal
access to promotion and training opportunities.
Discrimination against female employees is unlawful. It is
also unlawful for an employer to require a condition of
employment that a woman employee shall not get
married, or to stipulate expressly or tacitly that a woman
employee shall be deemed dismissed upon marriage.

The minimum age of employment is 18 years for

hazardous jobs, and 15 years for non-hazardous jobs. But
a child below 15 maybe employed by parents or
guardians in a non- hazardous job if the employment
does not interfere with the child's schooling.
 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.

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Just Cause refers to any wrongdoing committed by an employee
including:
1. Serious misconduct
2. Willful disobedience of employers' lawful orders connected
with work
3. Gross and habitual neglect of duty
4. Fraud or willful breach of trust
5. Commission of crime or offense against the employer,
employer's family member/s or representative 6. other
analogous cases

Authorized Cause refers to an economic circumstance not due to

the employee's fault, including:
1. The introduction of labor-saving devices
2. Redundancy
3. Retrenchment to prevent losses
4. Closure or cessation of business
Due Process in cases of just cause involves:
1. Notice to employee of intent to dismiss and grounds for
dismissal
2. Opportunity for employee to explain his or her side
3. Notice of decision to dismiss

In authorized causes, due process means written notice of

dismissal to the employee specifying the grounds, at least
30 days before the date of termination.

The inability of a probationary employee to meet the

employer's prescribed standards of performance made
known to him or her at the time of hiring is also a just
cause for dismissal.
 Work Days and Work Hours
Work Day refers to any day during
which an employee is regularly
required to work. Hours of Work
refer to all the time an employee
renders actual work, or is required
to be on duty or to be at a
prescribed workplace.

The normal hours of work in a day

is 8 hours. This includes breaks or
rest period of less than one hour,
but excludes meal periods, which
shall not be less than one hour.

An employee must be paid his or

her wages for all hours worked.

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 Weekly Rest Day
A day-off of 24 consecutive hours after 6 days of work should
be scheduled by the employer upon consultation with the
workers.

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Wage and Wage-Related Benefits
Wage is the amount paid to an
employee in exchange for a
task, piece of work, or service
rendered to an employer.

Wage may be fixed for a given

period, as when it is computed
hourly, daily or monthly. It may
also be fixed for a specified task
or result.

An employer cannot make any

deduction from an employee's
wage except for insurance
premiums with the consent of
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the employee.
This includes overtime, night differential, rest
day, holiday and 13th month pay. It also
includes the fair and reasonable value of board,
lodging and other facilities customarily
furnished by the employer.

An employer cannot make any deduction from

an employee's wage except for insurance
premiums with the consent of the employee, for
union dues, or for withholding taxes, SSS
premiums and other deductions expressly
authorized by law.
 Payment of Wages
Wages shall be paid in cash, legal tender at or near the place of
work. Wages shall be given not less than once every two (2)
weeks or twice within a month at intervals not exceeding 16
days.

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CALABARZON RANGE
Wage Order No. IVA-19
Wage Order No. IVA-19
Wage Order No. IVA-19
Wage Order No. IVA-19
Wage Order No. IVA-19
 Employment of Women
Night work prohibition unless allowed by the
Rules:
• in industrial undertakings from 10PM to
6AM
• in commercial/non-industrial undertakings
from 12MN to 6AM
• in agricultural undertakings, at night time
unless given not less than 9
consecutive hours of rest

Welfare facilities must be installed at the

workplace such as seats, separate
toilet rooms, lavatories, and dressing
rooms.
Prohibition against discrimination with
respect to pay (i.e. equal pay for work of
equal value), promotion, training Image courtesy of www.inpowerwomen.com
opportunities, study and scholarship grants.
 Employment of Children

Minimum employable age is 15

years. A worker below 15 years of
age should be directly under the sole
responsibility of parents or
guardians; work does not interfere
with child's schooling/normal
development.

No person below 18 years of age

can be employed in a hazardous or
deleterious undertaking.

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 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.

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 Right to Self-Organization and
Collective Bargaining
The right to self-organization is the right of
every worker, free of any interference from
the employer or from government, to form
or join any legitimate worker's organization,
association or union of his or her own
choice.

Except those classified as managerial or

confidential employees, all employees may
form or join unions for purposes of
collective bargaining and other legitimate
concerted activities. An employee is
eligible for membership in an
appropriate union on the first day of his
or her employment.

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Collective Bargaining involves two parties:
1. the representative of the employer
2. a union duly authorized by the majority of the
employees within a bargaining unit called
exclusive bargaining agent.

It is a process where the parties agree:

1. to fix and administer terms and conditions of
employment which must not be below the
minimum standards fixed by law
2. to set a mechanism for resolving their
grievances
The result of collective bargaining is a contract called
collective bargaining agreement (CBA). A CBA generally
has a term of five years. The provisions of a CBA may be
classified as political or economic.

Political provisions refer to those which define the

coverage of the CBA and recognize the collective
bargaining agent as the exclusive representative of the
employees for the term of the CBA.

Economic provisions refer to all terms and conditions of

employment with a monetary value. Economic provisions
have a term of five years but may be renegotiated before
the end of the third year of effectivity for the CBA.
EC Benefits for Work-Related Contingencies
The Employees' Compensation Program is the tax-exempt compensation
program for employees and their dependents created under Presidential
Decree No. 626 which was implemented in March 1975. The benefits include:
• Medical benefits for sickness/injuries
• Disability benefits
• Rehabilitation benefits
• Death and funeral benefits
• Pension benefits

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RIGHTS OF A REGULAR EMPLOYEE
RIGHTS OF A REGULAR EMPLOYEE
Consistent with the constitutional
principle that the state must afford full
protection to labor, several rights are
conferred to the labor force.

Rights are not exclusive to a regular

employee but are guaranteed more if
the employee has gained the status of
regular employment.
1. Security of Tenure

Regular employees are assured of security of tenure as they

enjoy permanent employment. Yet permanent employment
does not mean never-ending employment because regular
employees can also be terminated provided it is for valid
reasons and pursuing procedural due process.

2. Living Wages

To ensure a decent standard of living for the workers and their

families, a reasonable living wages should be given to each
worker or employee as a right. Wages is reasonable if it meets
at least the minimum wage requirement set by the Regional
Tripartite and Productivity Board, sector of the government
tasked to determine the minimum wage in a respective
province.
3. Normal Hours of Work

An employee is required to work for eight (8) hours every day

which period is considered compensable work hours. Every
day, every employee shall be given not less than one (1) hour
time off for regular meals. Additional rest periods or coffee
break from five to twenty minutes shall also to be given to the
employees without any diminution of their wages.

Any work beyond eight hours shall be considered overtime for

which an additional right of employee to form union may be
demanded.

For hours worked between 10 o’clock in the evening and six

o’clock in the morning shall be paid night shift differential of at
least 10% of the employee’s regular wage.
4. Rest Day and Holiday

All employees have the right to a weekly rest day. This right is
provided by law in keeping with its purpose to provide a safe
and healthful condition to labor by giving them time to rest to
give relief to a worn-out body. Besides, humans are not
machines. Even machines somehow need a break. Aside from
rest day, the employees can enjoy a time off during holidays
either regular or special. Any work performed during rest day
and holiday shall be compensable.

5. Service Increment Leave

Every employee who has rendered service for at least one

year in a company shall be entitled to a leave with pay.
6. Right to Self-Organization

Since the law promotes a shared responsibility between workers and

employers, the workers are given the right to organize themselves
into a so-called labor union wherein the voice of the workers may be
heard by the employers. In this way, the employees can have the
right to participate in the policy making and decision making of the
employers especially if it is regarding their rights and benefits.
Included in the right to organize is the right to strike and bargain with
the employer.

7. Right to Due Process

This simply means the right to be heard or to be given a fair and

reasonable opportunity to explain one’s side in cases of infraction of
the law.

Violation of any of the employees’ rights is reprehensible and

condemnable by law.
RIGHTS OF A CONTRACTUAL EMPLOYEE
According to Section 8 of the DOLE Department
Order No. 18-02 series of 2002, the contractual
employee shall be entitled to all the rights and
privileges due a regular employee as provided for in
the Labor Code, as amended, to include the
following:
(a)Safe and healthful working conditions;
(b)Labor standards such as service incentive
leave, rest days, overtime pay, holiday pay,
13th month pay and separation pay;
(c)Social security and welfare benefits;
(d)Self-organization, collective bargaining and
peaceful concerted action; and (e) Security
of tenure.
 RIGHTS OF
WORKERS/EMPLOYEES IN THE
PRIVATE SECTOR
RIGHTS OF WORKERS/EMPLOYEES IN THE PRIVATE
SECTOR

The 1987 Philippine Constitution recognizes and guarantees

the following rights of workers:
1. Self-organization, collective bargaining and negotiations,
and peaceful concerted activities, including the right to
strike in accordance with the law
2. Security of tenure, humane conditions of work, and a
living wage
3. Participation in policy- and decision-making processes
affecting the workers’ rights and benefits as provided by
the law
4. A just share in the fruits of production vis-à-vis the right
of the employer to reasonable returns on investments
RIGHTS OF GOVERNMENT
EMPLOYEES
1. Equal work opportunities for all
2. Security of tenure
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 pm and 6:00
am, 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
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 an interval 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 pm to 6 am, commercial/non-industrial undertakings from
12 midnight to 6 am, or agricultural undertakings at night
provided that she has had 9 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 old.
• Any worker below 5 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 old for
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.
THANK YOU