The Teacher and The Philippine Labor Law

THE TEACHER AND THE PHILIPPINE LABOR LAW:
A. Strikes and Lock outs

B. The 13th month pay
C. The Paternity Leave Act of 1996 and Maternity Leave and Benefits
D. The Solo Parent Welfare Act
E. Retirement Benefits
Discussants:
Marianie M. Ylaran
Gesa L. Orteza
Karell Cris Metran
STRIKES AND LOCK OUTS
 Strikes- Refers to the suspension of work by the workers or employees, so

as to compel the employer to agree to their demands.
 "Strike" means any temporary stoppage of work by the concerted action of
employees as a result of an industrial dispute.
 Lock-Out –is when the employer compels the workers to accept his
terms and conditions, by shutting down the factory.
 "Lockout" means the temporary refusal of any employer to furnish work as a
result of an industrial dispute.
Do Public
School Teachers
Have the Right
to Strike?
-The constitutional right of the people to form associations embraces
both public and private sectors, pursuant to Article XIII, section 3 of
the 1987 Constitution. However, the right to strike is not extended to
government employees under the Civil Service Law (PD No. 807).
Also, Republic Act 875 allows workers, including those from the
government-owned and controlled-corporations to organize but they
are prohibited from striking. The Civil Service Commission
explains that by reason of the nature of the public employer and
the peculiar character of the public service, the right to strike
given to unions in private industry does not apply to public
employee and civil service employees.
-Joining the mass action or peaceful assemblies during school
hours amount to a strike in every sense of the term, constituting
concerted and unauthorized stoppage of, or absence from work
which teachers have sworn duty to perform. While it is true that
teachers are allowed to seek redress against injustice to the
administration, they shall, however, avoid jeopardizing the
interest and welfare of the learners whose right to learn must be
respected (The Code of Ethics for Professional Teachers Art. VI
sec. 4). Participation in organization activities is allowed outside
school hours or with consent from the school authorities if
within school hours (RA 4670 Magna Carta for Public School
Teachers sec. 28b).
If the participation is done during school hours, a
return to work order or memorandum may be issued
by our school head to remind us of the possible
consequence of joining the mass action. This directive
must not in any way be disregarded.
Public School teachers who go on strike may be
charged with refusal to perform an official duty, gross
insubordination, conduct prejudicial to the best
interest of the service and absence without leave with
the corresponding penalty of six months and one day to
a one-year suspension for the 1st offense or dismissal
for the 2nd offense.
Joining any organization is our right. But
let us also keep in mind that any grievance
or administrative complaint shall be
conducted within an acceptable
democratic process. Let’s think twice
before we involve ourselves in any mass
actions or strikes.
*Art. XIII – 1987 Constitution, Section 3, par. 2 Legal Bases “It shall guarantee the rights of all
workers to self- organization, collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law. They shall be entitled to security of
tenure, humane conditions of work, and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as may be provided by law.”
*PRESIDENTIAL DECREE No. 807 October 6, 1975

ARTICLE VI-
RESPONSIBILITIES OF PUBLIC OFFICERS AND EMPLOYEES
Section 15. Duties of Public Officers. Public office is a public trust. Public officers and employees shall
serve with the highest degree of responsibility, integrity, loyalty, and efficiency, and shall remain
accountable to the people.
*REPUBLIC ACT No. 875 June 17, 1953

AN ACT TO PROMOTE INDUSTRIAL PEACE AND FOR OTHER PURPOSES
(REPEALED BY PRESIDENTIAL DECREE NO. 442)
Section 11. Prohibition Against Strikes in the Government. - The terms and conditions of employment
in the Government, including any political subdivision or instrumentality thereof, are governed by law and it
is declared to be the policy of this Act that employees therein shall not strike for the purpose of securing
changes or modification in their terms and conditions of employment. Such employees may belong to any
labor organization which does not impose the obligation to strike or to join in strike: Provided, however,
That this section shall apply only to employees employed in governmental functions and not to those
employed in proprietary functions of the Government including but not limited to government corporations.
13th Month Pay
13th month pay is simply an additional compensation given to the employees. It is
usually equivalent to at least 1/12 of an employee’s total basic salary in a year.
Depending on the country, giving out this benefit may or may not be required by the
government. Surprisingly, majority of developed countries such as the US and UK
are not required to provide this bonus.
13th month pay law in the Philippines
In the Philippines, by the virtue of Presidential Decree No. 851, also known as the
‘13th Month Pay law’, it is a mandatory cash benefit given to all qualified
employees on or before the 24th of December of the current year so that employees
may be able to properly celebrate Christmas and New Year.
An amendment of the said presidential decree specified that the 13th month pay
must be given to all rank-and-file employees on or before December 24.
Who are qualified to receive this?
Section 3 of the Rules and Regulations of the ’13th Month Pay law’ indicates that
all employees in the private sector, except in a few cases:
Those with distressed employers. Companies continuing to gain losses more than
profit may file for an exception to the Department of Labor and Employment.
Household persons and those in the personal service, such as helpers, family
drivers, gardeners, etc.
Employees earning on purely commission-based, task-based, or those paid with a
fixed amount for a specific work, such as the case of freelancers .
Computation of 13th month pay based on
employment status
Per the presidential decree, the 13th month pay is equivalent to one month’s salary or 1/12 of a
worker’s annual salary. This applies to rank-and-file employees with more than one year of tenure in a
company.
For employees with less than a year of tenure, a pro-rated amount of not less than one thousand pesos
(Php 1,000.00) shall be given to them, depending on their length of tenure in the company within the
current year.
As an example, we have provided a 13th month computation table for an employee receiving
PHP20,000 basic monthly salary.
Basic pay Length of tenure 13th month pay*

(monthly salary) (in months) (amount to be received)
PHP 20,000.00 1 PHP 1, 667.00
PHP 20,000.00 6 PHP 10,000.00
PHP 20,000.00 12 PHP 20,000.00
*13th month pay = (basic pay * length of tenure) / 12

Time of Payment. — The required 13th month pay shall
be paid not later than December 24 of each year. An
employer, however, may give to his employees one half
(½) of the required 13th month pay before the opening of
the regular school year and the other half on before the
24th of December of every year. The frequency of
payment of this monetary benefit may be the subject of
agreement between the employer and the
recognized/collective bargaining agent of the employees.
All teachers are entitled of 13th Month Pay despite of
pandemic. This is mandated by Department of Labor and
Employment (DOLE). - All teachers that are resigned before
the opening of school year are still entitled of 13th Month Pay.
Their 13th Month Pay must be included on their last salary.
13th Month Pay of Public School Teachers, to be Released in

May
If you are a public school teacher, then you will be joyous of the
newest announcement made by the Department of Education
(DepEd). According to Annalyn Sevilla, DepEd Undersecretary, the
13th month pay of public school teachers will be ready and released
in May; particularly, it’ll be available by the 15th of May.
THANK YOU!
MARIANIE M.
YLARAN

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THE TEACHER AND THE PHILIPPINE LABOR LAW:

A. Strikes and Lock outs

 Strikes- Refers to the suspension of work by the workers or employees, so

*PRESIDENTIAL DECREE No. 807 October 6, 1975

*REPUBLIC ACT No. 875 June 17, 1953

13th month pay law in the Philippines

Basic pay Length of tenure 13th month pay*

13th month pay = (basic pay length of tenure) / 12

13th Month Pay of Public School Teachers, to be Released in

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