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Prior to the Martial Law era, all labor laws were not codified.[1] President Marcos tasked a committee from the then called Department of Labor (now the Department of Labor and Employment or DOLE) to consolidate all the existing labor laws of the Philippines. The committee was composed of: Amado G. Inciong, the then Undersecretary of Labor, acting as the chairman of the committee, Director Ricardo Castro, the head of the subcommittee on Labor Relations, Director Diego Atienza, the head of the subcommittee on Labor Standards, and Director Rony Diaz, the head of the subcommittee on Employment and Training. The result was Presidential Decree No. 442 ("PD 442"), "A Decree Instituting the Labor Code and Consolidating Labor and Social Laws to Afford Protection to Labor, Promote Employment and Human Resources Development and Insure the Industrial Peace Based on Social Justice," otherwise known as the "Labor Code of the Philippines". The consolidation was finished in May 1, 1974 and took effect on November 1, 1974[2]
The Labor Code is the legal code governing employment practices and labor relations in the Philippines.[3] The Labor Code stipulates standards in terms of wages and monetary benefits, hours of work, leaves, rest days, holiday pays, and benefits, among others.
Taken from the Official Website of National Wages and Productivity CommissionRemunerations or earnings paid by an employer to an employee for service rendered are called wages. An employer may go over but never below minimum wage. Paying below the minimum wage is illegal.[4] The Regional Tripartite Wages and Productivity Boards is the body that sets the amount for the minimum wage. As in the case of our country, the minimum wage of a worker depends on where he works. The table below shows a summary of the minimum wages of all the regions in the Philippines.
13th Month Pay
Taken from Labor Advisory No. 12 Series of 2013: Payment of Thirteenth Month PayAn employer is mandated by law to give his employees 13th month pay. The 13th month pay required by law should not be less than one twelfth of the total basic salary earned by an employee within a calendar year.[5] The 13th month pay is exempted from being taxed by the government. The photo below is from the Department of Labor and Employment which shows the computation of a hypothetical 13th month pay.
Retirement Pay
Article 287 of the Philippine Labor Code states that, the retiring age of an employee is sixty (60) years or more but not beyond sixty-five (65) years. The retiring employee who has served at least five (5) years in the said establishment shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six months being considered as one whole year.[6] "The term 'one-half month salary' shall mean fifteen (15) days plus one twelfth (1/12) of the thirteenth month pay and the cash equivalent of not more than five (5) days of service incentive leaves."[6]
Article 83 and 84 of the Philippine Labor Code, the normal hours of work of an employee shall not exceed eight (8) hours a day. Hours worked shall include all time that an employee is required to be in the workplace and all time during which an employee is permitted to work. Short breaks during working hours shall be counted as hours worked.[4]
Overtime Work
Article 87 of the Philippine Labor Code states that any work that exceeds eight (8) hours is considered overtime work. This is legal provided that the employee is paid for the overtime work. The computation for the wage is his regular wage plus at least twenty-five percent (25%) of his hourly wage. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.[4]
Night Shift Differential
Article 86 of the Philippine Labor Code explains that the night shift is between ten o'clock in the evening and six o'clock in the morning. A night shift differential is payment of not less than ten percent (10%) of the regular hourly wage of an employee for each hour of work performed during this time period.[4]
An employer is required to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days, as stated in Article 91 of the Philippine Labor Code. The employer shall determine and schedule the weekly rest day of his employees. He must respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.[4]
If an employer requires his employee to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage.[4]
If the employee has no regular work days or rest days, and he is required by his employer to work on a Sunday and on a holiday, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage.[4]
Article 93 and 94 of the Philippine Labor Code states that a worker shall be paid his regular daily wage during regular holidays whether or not the employee goes to work. The employer can require an employee to work on any holiday but the employee must be paid an amount double his regular wage.[4]
If the holiday falls under the employee's rest day, and he decides to work, his wage for the first eight (8) hours of his work will be doubled. If he works for more than eight (8) hours, then thirty percent (30%) of his hourly rate will be added to his wage for that day.
The regular holidays according to EO 292 as amended by RA 9849 are as follows:
New Year - January 1
Maundy Thursday - Movable Date
Good Friday - Movable Date
Araw ng Kagitingan - April 19
Labor Day - May 1
Independence Day - June 12
National Heroes Day - Last Sunday of August
Bonifacio Day - November 30
Eid'l Fitr - Movable Date
Eid'l Adha - Movable Date
Christmas Day - December 25
Rizal Day - December 30
Special Non-Working Holiday Pay
If an employee works on August 21, Ninoy Aquino Day, November 1, All Saints Day, and/or December 31, Last Day of the year, his wage will be:
for first eight (8) hours of work - plus thirty percent (30%) of the daily rate
for excess of eight (8) hours of work - plus thirty percent (30%) of hourly rate on said day
If an employee works on August 21, Ninoy Aquino Day, November 1, All Saints Day, and/or December 31, Last Day of the Year and it falls under his rest day, his wage will be
for the first eight (8) hours of work - plus fifty percent (50%) of the daily rate
excess of eight (8) hours of work - plus thirty percent (30%) of hourly rate on said day
Article 95 of the Philippine Labor Code states that if an employee has given at least one (1) year of service, he shall be entitled to a yearly service incentive leave of five (5) days with pay.
Paternity Leave
The paternity leave is not found in the Labor Code. The basis for the paternity leave is Republic Act No. 8187, otherwise known as the “Paternity Leave Act of 1996″. RA 8187 states that a married male employee is allowed to take 7 days off work with full pay for the first four deliveries.
Maternity Leave
Republic Act No. 7322 states that a pregnant employee who has paid at least three monthly maternity contributions in the twelve-month period preceding the semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her present basic salary, allowances and other benefits or the cash equivalent of such benefits for sixty (60) for normal delivery a seventy-eight (78) for caesarian delivery.[7]
The maternity leave can be extended without pay if any illness medically certified are to come as a result of the pregnancy, delivery, abortion, or miscarriage which leaves the woman unfit to work.[4]
As with the paternity leave, the maternity leave is only valid for the first four deliveries.
Provide seats proper for women and let them use these seats when they are free from work or during work hours provided that they can perform their duties in this position without sacrificing efficiency.
Establish separate toilet rooms for men and women and provide at least a dressing room for women.
Establish a nursery in a workplace for the benefit of women employees.
Determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like.[4]
Discrimination
Article 134 of the Labor Code of the Philippines states that a woman cannot be paid a lesser compensation than a man for work of equal value.
Favoring a male employee over a female employee with regard to promotion, training opportunities, study, scholarship grants based on only their sexes is also illegal.[4]
Prohibited Acts
Based on Article 137 the employer is not allowed to:
Deprive any woman employee of any of the benefits mentioned above and in Articles 130-136 of the Labor Code or to terminate any woman employee for the purpose of stopping her from enjoying said benefits.
Terminate a woman because of her pregnancy while on leave or in confinement due to it.
Discharge or refuse the admission of such woman from returning to her work for fear that she may again be pregnant.[4]
Article 279 of the Labor code discusses that if an employee is already a regular employee, the employer cannot terminate his services without just cause and due process. An employee unjustly dismissed from work can return to it without any losses of benefits, privileges, and allowances from the time he was unjustly dismissed to the time of his actual return.[4]
Regular and Casual Employment
An employee will be considered a regular employee if he has been able to performs tasks that are necessary in the business or trade of the employer, except when the employee was hired for a specific project and its completion also signifies the employee's termination and if the nature of work or services is seasonal and the employment is for the duration of the season. The employment is said to be casual if his nature of work has not been covered by the aforementioned sentences. After a year of rendering service, whether continuous or not, an employee shall be deemed regular, as stated by Article 280 of the Philippine Labor Code.[4]
Probationary Employment
Article 281 of the Labor Code states that probationary employment should not go over six (6) months unless it is under an apprenticeship agreement stipulating a longer period. An employee who continues to work after the probationary period will be considered a regular employee. A probationary employee may be discharged for a just cause or when he fails to qualify as a regular employee.[4]
The NCIP was born through the merging of the Office for Northern Cultural Communities (ONCC), and the Office for Southern Cultural Communities (OSCC) in the year 1997 through RA 8371 or "Indigenous Peoples' Rights Act of 1997". It is a highly specialized commission with different projects for each region.
Tebtebba is an organization that was established in the year 1996. They have been an active participant in processes which led to the adoption of international human rights law and other international instruments, policies and agreements. These include the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the establishment of spaces within the United Nations, such as the UN Permanent Forum on Indigenous Issues, among others.[9]
The Cordillera Peoples Alliance (CPA) was founded in 1984. Among many other projects and campaigns, CPA has pushed for regional autonomy, campaigns for the defense of land, life, and resources, opposed large-scale mining in the Cordillera to save Abra river, and exposed violations of human rights committed in their region.[10]
KATRIBU was founded in the year 1987. Previously known as KAMP, KATRIBU aims for the attainment of land rights and for the formation of allegiances and government of the indigenous peoples. KATRIBU is currently protesting DMCI’s planned15-megawatt coal-fired power plant in Narra, Palawan and the mining policy of the Aquino administration.[11]
^Villegas, Edberto (1988). The Political Economy of Philippine Labor Laws. Quezon City, Philippines: Foundation for Nationalist Studies, Inc. pp. 60–61.
^Samson, Anna Rhea Valle (2004). Working With Labor Laws. Ateneo De Manila University Press.
