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Equal Employment Opportunities and Laws
BSBA fm (West Visayas State University)
Studocu is not sponsored or endorsed by any college or university
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What Is Equal Employment Opportunity?
Equal employment opportunity means that every person can participate freely and equally in
areas of public life such as in the workplace, in education, or in accessing goods and services.
Discrimination is treating, or proposing to treat, someone unfavourably or bullying them because
of a personal characteristic protected by law. Equal opportunity law aims to promote everyone's
right to equal opportunities; eliminate, as far as possible, discrimination and sexual harassment;
and provide redress for people whose rights have been breached
In addition, Equal employment opportunity is an employment practice where employers do not engage in
employment activities that are prohibited by law. It is illegal for employers to discriminate against an
applicant or employee on the basis of:
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race
colour
gender
sexual preference
age
physical or mental disability
marital status
family or carer’s responsibilities
pregnancy
religion
political opinion
national extraction
social origin.
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Promoting equal opportunity and treatment in employment is a central element of the
Decent Work Agenda. In the same way, the Philippine Constitution recognizes the role of
women in nation building and promotes the equality of women and men. Likewise, the
Phil. Labor Code seeks to ensure equal employment opportunities regardless of sex, race
or creed.
“It is the duty of the State to ensure equality before the law in all aspects of national life by
rectifying or ending all practices and systems that are disadvantageous or discriminatory
to women by reason merely of their sex in cases where it is not a relevant factor in making
a distinction” (De Leon, 2005 as stated in the Decent Work Country Profile, The
Philippines, 2012).
As the country continually seeks to promote gender equality in terms of employment
opportunities, statistics presented in this article shows the overall picture on how the
country progresses in achieving this particular decent work element.
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The female share in occupational employment followed a generally increasing to downward trend
over the 22-year period. Specifically, while female share has grown slightly (1.5%) since the 1990s,
from 36.4 percent in 1995 to 37.9 percent in 2017, peaks of 39.6 percent (2016) and 39.1 percent
(2002) were likewise posted during the period.
The laws
1. CSC Memorandum Circular No. 30, s. 2014
“Adoption of HR Maturity Level Indicators for the Human Resource Management System in the Public
Sector dated December 22, 2014”;
2. CSC Memorandum Circular No. 24, s. 2016
“Program to Institutionalize Meritocracy and Excellence in Human Resource Management (PRIME-HRM)
Enhanced Maturity Level Indicators”;
3. Republic Act No. 10911, July 21, 2016
“An Act Prohibiting Discrimination Against and Individual in Employment on Account of Age and Providing
Penalties therefor”;
4. Presidential Decree 966, July 20, 1976
“Declaring violations of the international convention of the elimination of all forms of racial discrimination
to be criminal offenses and providing penalties therefor”;
5. Republic Act No. 6725, May 12, 1989
“An Act Strengthening the Prohibition on Discrimination Against Women with Respect to Terms and
Conditions of Employment”;
6. Republic Act No. 7877, Anti-Sexual Harassment Act of 1995
“An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment
and for other Purposes”;
7. Republic Act No. 7192, July 21, 1991
“Women in Development and Nation Building Act”;
8. Republic Act No. 9262, March 8, 2004
“Anti-Violence Against Women and Their Children Act of 2004”;
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9. CSC Memorandum Circular No. 48, s. 2013
“Directing all Concerned Government Agencies to Adopt the Gender Equality Guidelines in the
Development of their Respective Media Policies and Implementing Programs in Order to Promote Gender
Mainstreaming”;
10. 1987 Philippine Constitution (Article II Section 14)
“The State recognizes the role of women in nation building and shall promote the fundamental equality
before the law of women and men”; 3 I
11. Republic Act No. 8972, November 7, 2000
“The Solo Parents’ Welfare Act of 2000”, An Act Providing for Benefits and Privileges to Solo Parents
and their Children, Appropriating Funds therefor and for other purposes;
12. Republic Act No. 8371, October 29, 1997
“An Act to Recognize, Protect and Promote the Rights of Indigenous Peoples, Creating a National
Commission, Appropriating Funds thereof and for other purposes”;
13. Republic Act No. 7041, June 5, 1991
“An Act Requiring Regular Publication of Existing Vacant Positions in Government Offices, Appropriating
Funds thereof and for other Purposes”;
14. CSC Memorandum Circular No. 2, s. 2001
“Revised Policies on the Settlement of Grievances in the Public Sector”;
15. CSC Memorandum Circular No. 07, s. 2007
“Program on Awards and Incentives for Service Excellence”;
16. CSC Memorandum Circular No. 7, s. 2014
“Encouraging Government Agencies to hire PWDs pursuant to Republic Act No. 7277”;
17. CSC Memorandum Circular No. 10, s. 1989
“Establishing the Personnel Development Committee (PDC)”;
18. CSC Memorandum Circular No. 6, s. 2012
“Guidelines in the Establishment and Implementation of Agency Strategic Performance Management
System (SPMS)”;
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19. CSC Memorandum Circular No. 28, s. 1990
“Reiterating Certain Policies in the Conduct of Government Training and Development Program”;
20. Republic Act No. 10028, March 16, 2010
“An Act Expanding the Promotion of the Breastfeeding, amending for the purpose Republic Act No.
7600”;
21. CSC Memorandum Circular No. 43, s. 1993
“Streamlining and Deregulating Human Resource Development Function”;
22. REPUBLIC ACT NO. 10524
“An act expanding the positions reserved for persons with disability, amending for the purpose republic
act no. 7277, as amended, otherwise known as the magna carta for persons with disability”
EQUAL PAY
The legal provision on equal pay is contained within the labor code, which states that it is
unlawful for any employer to discriminate against any woman employee with respect to terms and
conditions of employment solely on account of her sex. Discriminating behavior includes
“Payment of a lesser compensation, including wage, salary or other form of remuneration and
fringe benefits, to a female employees as against a male employee, for work of equal value; and
favoring a male employee over a female employee with respect to promotion, training
opportunities, study and scholarship grants solely on account of their sexes”.
In the event an employer fails to comply with these requirements of the law, they will be subject to
a fine ranging between 1,000-10,000 Pesos or an imprisonment term ranging between three
months and three years or both.
NON-DISCRIMINATION
The legal provisions on discrimination are present within the Labour Code which states that
the State must afford protection to labour, promote full employment, ensure equal work
opportunities regardless of sex, race or creed and regulate the relations between workers
and employers. Labour Code prohibits discrimination on the ground of sex (including
marriage and pregnancy) as well as trade union membership.
The Labour Code also makes it unlawful for an employer to discriminate (including refusal to
pay wages, reduce the wages or benefits or discharge in any manner) against any employee
who has filed any complaint concerning wages or has testified or about to testify in such
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complaint; discriminate against any person in respect to terms and conditions of
employment on account of his/her age; discriminate against employees in the exercise of
their right to self-organization; to discriminate with regard to wages, hours of work, and other
terms and conditions of employment to encourage or discourage membership in any labour
organization; and to discriminate against an employee for having given or being about to give
testimony under the Labour Code.
Women in Developing and Nation Building Act 1991 also gives women equal work
opportunities with men.
In accordance with Republic Act 7277, no disabled persons may be denied access to
opportunities for suitable employment. A qualified disabled employee is subject to the same
terms and conditions of employment and the same compensation, privileges, benefits, fringe
benefits, incentives or allowances as a qualified able-bodied person. The law fixes five
percent (5%) quota for persons with disabilities.
EQUAL CHOICE OF PROFESSION
As mentioned above, the law guarantees the right of women to equal treatment in the
workplace in respect of wages and by protection of women from all sorts of sexual
harassment. There are no express provisions contained within the law which prohibit women
from participating in any occupation, except those which are regarded as dangerous for their
well-being.
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RIGHTS OF EMPLOYEES
1. 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 relations between employees and employers.
2. 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.
Just cause refers to any wrongdoing committed by an employee; authorized cause refers to economic
circumstances that are not the employee’s fault.
An employer may terminate an employment for any of the following causes:
1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer
or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative;
4. 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
REFERENCE:
ART. 294. [279] Security of Tenure.227 In cases of regular employment, the
employer shall not terminate the services of an employee except for a just cause or
when authorized by this Title. An employee who is unjustly dismissed from work shall
be entitled to reinstatement without loss of seniority rights and other privileges and
to his full backwages, inclusive of allowances, and to his other benefits or their
monetary equivalent computed from the time his compensation was withheld from
him up to the time of his actual reinstatement.
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 p.m.
and 6:00 a.m., 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.
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1. Standard
The standard work schedule is when you are required to work during standard business hours. An
example of a standard work schedule would be a company requiring you to work five days a week from 8
a.m. to 5 p.m. The start and end times may differ, but a standard schedule will always require work during
the company's hours of operation.
Example: A company's business hours are 8 a.m. to 5 p.m., and you work those business hours with a
one-hour lunch break.
2. Fixed full-time
A fixed full-time schedule is similar to a standard work schedule but applies to companies that have more
than nine hours of operation each day. In a fixed full-time schedule, you might be required to work from 6
a.m. to 3 p.m. while a coworker is required to work from 2 p.m. to 11 p.m. Both employees work fixed
full-time schedules at different times.
Example: A company's business hours are 5 a.m. to 1 a.m., and you work a fixed full-time schedule from 4
p.m. to 1 a.m.
3. Fixed part-time
A fixed part-time schedule is the same as a fixed full-time schedule, except you work less than eight hours
a day and less than 40 hours a week. Your schedule remains the same each day and week. You might
work from 8 a.m. to 1 p.m. at a part-time job.
Example: A company's business hours are 7 a.m. to 5 p.m., and you work a part-time schedule from 8 a.m.
to 1 p.m.
4. Overtime
Overtime schedules require employees to work longer than the standard 40 hours per week or eight hours
per day. You might work 10 hours per day or 60 hours per week. Overtime hours commonly come with
increased pay depending on the employer.
Example: You and your friend both work overtime schedules. Your friend works three days a week for 12
hours each day while you work seven days a week for seven hours each day. Your friend takes advantage of
daily overtime, while you take advantage of weekly overtime.
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REFERENCE:
Art. 82. Coverage. The provisions of this Title shall apply to employees in all establishments and
undertakings whether for profit or not, but not to government employees, managerial employees, field
personnel, members of the family of the employer who are dependent on him for support, domestic
helpers, persons in the personal service of another, and workers who are paid by results as determined by
the Secretary of Labor in appropriate regulations.
As used herein, “managerial employees” refer to those whose primary duty consists of the management
of the establishment in which they are employed or of a department or subdivision thereof, and to other
officers or members of the managerial staff.
“Field personnel” shall refer to non-agricultural employees who regularly perform their duties away from
the principal place of business or branch office of the employer and whose actual hours of work in the
field cannot be determined with reasonable certainty.
Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed eight (8)
hours a day.
Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in
hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for
eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of
the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they
shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for
work on the sixth day. For purposes of this Article, “health personnel” shall include resident physicians,
nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical
technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.
Art. 84. Hours worked. Hours worked shall include (a) all time during which an employee is required to be
on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or
permitted to work.
Rest periods of short duration during working hours shall be counted as hours worked.
Art. 85. Meal periods. Subject to such regulations as the Secretary of Labor may prescribe, it shall be the
duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular
meals.
Art. 86. Night shift differential. Every employee shall be paid a night shift differential of not less than ten
percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and
six o’clock in the morning.
Art. 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that the employee
is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least
twenty-five percent (25%) thereof. 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.
Art. 88. Undertime not offset by overtime. Undertime work on any particular day shall not be offset by
overtime work on any other day. Permission given to the employee to go on leave on some other day of
the week shall not exempt the employer from paying the additional compensation required in this Chapter.
Art. 89. Emergency overtime work. Any employee may be required by the employer to perform overtime
work in any of the following cases:
1. When the country is at war or when any other national or local emergency has been declared by
the National Assembly or the Chief Executive;
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2. When it is necessary to prevent loss of life or property or in case of imminent danger to public
safety due to an actual or impending emergency in the locality caused by serious accidents, fire,
flood, typhoon, earthquake, epidemic, or other disaster or calamity;
3. When there is urgent work to be performed on machines, installations, or equipment, in order to
avoid serious loss or damage to the employer or some other cause of similar nature;
4. When the work is necessary to prevent loss or damage to perishable goods; and
5. Where the completion or continuation of the work started before the eighth hour is necessary to
prevent serious obstruction or prejudice to the business or operations of the employer.
Any employee required to render overtime work under this Article shall be paid the additional
compensation required in this Chapter.
Art. 90. Computation of additional compensation. For purposes of computing overtime and other
additional remuneration as required by this Chapter, the “regular wage” of an employee shall include the
cash wage only, without deduction on account of facilities provided by the employer.
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.
Chapter II: WEEKLY REST PERIODS
Art. 91. Right to weekly rest day.
1. It shall be the duty of every employer, whether operating for profit or not, 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.
2. The employer shall determine and schedule the weekly rest day of his employees subject to
collective bargaining agreement and to such rules and regulations as the Secretary of Labor and
Employment may provide. However, the employer shall respect the preference of employees as to
their weekly rest day when such preference is based on religious grounds.
Art. 92. When employer may require work on a rest day. The employer may require his employees to work
on any day:
1. In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon,
earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or
imminent danger to public safety;
2. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid
serious loss which the employer would otherwise suffer;
3. In the event of abnormal pressure of work due to special circumstances, where the employer
cannot ordinarily be expected to resort to other measures;
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4. To prevent loss or damage to perishable goods;
5. Where the nature of the work requires continuous operations and the stoppage of work may
result in irreparable injury or loss to the employer; and
6. Under other circumstances analogous or similar to the foregoing as determined by the Secretary
of Labor and Employment.
Art. 93. Compensation for rest day, Sunday or holiday work.
1. Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an
additional compensation of at least thirty percent (30%) of his regular wage. An employee shall
be entitled to such additional compensation for work performed on Sunday only when it is his
established rest day.
2. When the nature of the work of the employee is such that he has no regular workdays and no
regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty
percent (30%) of his regular wage for work performed on Sundays and holidays.
3. Work performed on any special holiday shall be paid an additional compensation of at least thirty
percent (30%) of the regular wage of the employee. Where such holiday work falls on the
employee’s scheduled rest day, he shall be entitled to an additional compensation of at least fifty
per cent (50%) of his regular wage.
4. Where the collective bargaining agreement or other applicable employment contract stipulates
the payment of a higher premium pay than that prescribed under this Article, the employer shall
pay such higher rate.
Chapter III: HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES
Art. 94. Right to holiday pay.
1. Every worker shall be paid his regular daily wage during regular holidays, except in retail and
service establishments regularly employing less than ten (10) workers;
2. The employer may require an employee to work on any holiday but such employee shall be paid a
compensation equivalent to twice his regular rate; and
3. As used in this Article, “holiday” includes: New Year’s Day, Maundy Thursday, Good Friday, the
ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the
twenty-fifth and thirtieth of December and the day designated by law for holding a general
election.
Art. 95. Right to service incentive leave.
1. Every employee who has rendered at least one year of service shall be entitled to a yearly service
incentive leave of five days with pay.
2. This provision shall not apply to those who are already enjoying the benefit herein provided, those
enjoying vacation leave with pay of at least five days and those employed in establishments
regularly employing less than ten employees or in establishments exempted from granting this
benefit by the Secretary of Labor and Employment after considering the viability or financial
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condition of such establishment.
3. The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or
any court or administrative action.
Art. 96. Service charges. All service charges collected by hotels, restaurants and similar establishments
shall be distributed at the rate of eighty-five percent (85%) for all covered employees and fifteen percent
(15%) for management. The share of the employees shall be equally distributed among them. In case the
service charge is abolished, the share of the covered employees shall be considered integrated in their
wages.
5. WAGE AND WAGE-RELATED BENEFITS
Wage is the amount paid to an employee in exchange for the service that they rendered to their employer.
Wage may be fixed for a given period.
Art. 99. Regional minimum wages. The minimum wage rates for agricultural and non-agricultural
employees and workers in each and every region of the country shall be those prescribed by the Regional
Tripartite Wages and Productivity Boards. (As amended by Section 3, Republic Act No. 6727, June 9,
1989).
Art. 100. Prohibition against elimination or diminution of benefits. Nothing in this Book shall be
construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at
the time of promulgation of this Code.
Art. 101. Payment by results.
1. The Secretary of Labor and Employment shall regulate the payment of wages by results, including
pakyao, piecework, and other non-time work, in order to ensure the payment of fair and
reasonable wage rates, preferably through time and motion studies or in consultation with
representatives of workers’ and employers’ organizations.
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 intervals not
exceeding 16 days.
Chapter III: PAYMENT OF WAGES
Art. 102. Forms of payment. No employer shall pay the wages of an employee by means of promissory
notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly
requested by the employee.
Payment of wages by check or money order shall be allowed when such manner of payment is customary
on the date of effectivity of this Code, or is necessary because of special circumstances as specified in
appropriate regulations to be issued by the Secretary of Labor and Employment or as stipulated in a
collective bargaining agreement.
Art. 103. Time of payment. Wages shall be paid at least once every two (2) weeks or twice a month at
intervals not exceeding sixteen (16) days. If on account of force majeure or circumstances beyond the
employer’s control, payment of wages on or within the time herein provided cannot be made, the employer
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shall pay the wages immediately after such force majeure or circumstances have ceased. No employer
shall make payment with less frequency than once a month.
The payment of wages of employees engaged to perform a task which cannot be completed in two (2)
weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or
arbitration award:
1. That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount
of work completed;
2. That final settlement is made upon completion of the work.
Art. 104. Place of payment. Payment of wages shall be made at or near the place of undertaking, except
as otherwise provided by such regulations as the Secretary of Labor and Employment may prescribe
under conditions to ensure greater protection of wages.
Art. 105. Direct payment of wages. Wages shall be paid directly to the workers to whom they are due,
except:
1. In cases of force majeure rendering such payment impossible or under other special
circumstances to be determined by the Secretary of Labor and Employment in appropriate
regulations, in which case, the worker may be paid through another person under written authority
given by the worker for the purpose; or
2. Where the worker has died, in which case, the employer may pay the wages of the deceased
worker to the heirs of the latter without the necessity of intestate proceedings. The claimants, if
they are all of age, shall execute an affidavit attesting to their relationship to the deceased and the
fact that they are his heirs, to the exclusion of all other persons. If any of the heirs is a minor, the
affidavit shall be executed on his behalf by his natural guardian or next-of-kin. The affidavit shall
be presented to the employer who shall make payment through the Secretary of Labor and
Employment or his representative. The representative of the Secretary of Labor and Employment
shall act as referee in dividing the amount paid among the heirs. The payment of wages under
this Article shall absolve the employer of any further liability with respect to the amount paid.
7. FEMALE EMPLOYEES
Women are prohibited from engaging in night work unless the work is allowed by the following rules:
industrial undertakings from 10 p.m. to 6 a.m., commercial/non-industrial undertakings from 12 m.n. to 6
a.m., or agricultural takings at night provided that she has had nine consecutive hours of rest.
Welfare facilities, such as separate dressing rooms and lavatories, must be installed at the workplace.
ART. 135. [137] Prohibited Acts. It shall be unlawful for any employer:
(1) To deny any woman employee the benefits provided for in this Chapter or to
discharge any woman employed by him for the purpose of preventing her from
enjoying any of the benefits provided under this Code;
(2) To discharge such woman on account of her pregnancy, or while on leave or
in confinement due to her pregnancy;
(3) To discharge or refuse the admission of such woman upon returning to her
work for fear that she may again be pregnant.
ART. 136. [138] Classification of Certain Women Workers. Any woman who
is permitted or suffered to work, with or without compensation, in any night club,
cocktail lounge, massage clinic, bar or similar establishments under the effective
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control or supervision of the employer for a substantial period of time as determined
by the Secretary of Labor and Employment, shall be considered as an employee of
such establishment for purposes of labor and social legislation
REPUBLIC ACT NO. 10151
"Article 158. Women Night Workers. - Measures shall be taken to ensure that an alternative to night work
is available to women workers who would otherwise be called upon to perform such work:
"(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between
the time before and after childbirth;
"(b) For additional periods, in respect of winch a medical certificate IS produced stating that said
additional periods are necessary for the health of the mother or child:
"(1) During pregnancy;
"(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a)
above, the length of which shall be determined by the DOLE after consulting the labor organizations and
employers.
"During the periods referred to in this article:
"(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorized
causes provided for in this Code that are not connected with pregnancy, childbirth and childcare
responsibilities.
"(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion
which may attach to her regular night work position.
"Pregnant women and nursing mothers may be allowed to work .at night only if a competent physician,
other than the company physician, shall certify their fitness to render night work, and specify, in the case
of pregnant employees, the period of the pregnancy that they can safely work.
"The measures referred to in this article may include transfer to day work where this is possible, the
provision of social security benefits or an extension of maternity leave.
"The provisions of this article shall not leave the effect of reducing the protection and benefits connected
with maternity leave under existing laws."
8. EMPLOYMENT OF CHILDREN
The minimum employment age is 15 years of age. Any worker below 15 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 for hazardous jobs, and 15 years for non-hazardous jobs.
Hazardous jobs are agriculture, construction, mining, or where working relationships or conditions create
particular risks, traditional or emerging ones, or in the informal economy or new forms of economy.
Chapter II EMPLOYMENT OF MINORS
ART. 137. [139] Minimum Employable Age.97 (a) No child below fifteen (15)
years of age shall be employed, except when he works directly under the sole responsibility of his parents
or guardian, and his employment does not in any way
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interfere with his schooling.
(b) Any person between fifteen (15) and eighteen (18) years of age may be
employed for such number of hours and such periods of the day as determined by
the Secretary of Labor and Employment in appropriate regulations.
(c) The foregoing provisions shall in no case allow the employment of a person
below eighteen (18) years of age in an undertaking which is hazardous or deleterious
in nature as determined by the Secretary of Labor and Employment.
ART. 138. [140] Prohibition Against Child Discrimination. 98 No employer
shall discriminate against any person in respect to terms and conditions of
employment on account of his age.
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.
ART. 168. [162] Safety and Health Standards.114 The Secretary of Labor and
Employment shall, by appropriate orders, set and enforce mandatory occupational
safety and health standards to eliminate or reduce occupational safety and health
hazards in all workplaces and institute new, and update existing, programs to ensure
safe and healthful working conditions in all places of employment.
ART. 169. [163] Research. It shall be the responsibility of the Department of
Labor and Employment to conduct continuing studies and research to develop
innovative methods, techniques and approaches for dealing with occupational safety
and health problems; to discover latent diseases by establishing causal connections between diseases
and work in environmental conditions; and to develop medical
criteria which will assure insofar as practicable that no employee will suffer
impairment or diminution in health, functional capacity, or life expectancy as a result
of his work and working conditions.
ART. 170. [164] Training Programs. The Department of Labor and
Employment shall develop and implement training programs to increase the number
and competence of personnel in the field of occupational safety and industrial
health.
ART. 171. [165] Administration of Safety and Health Laws.115 (a) The
Department of Labor shall be solely responsible for the administration and
enforcement of occupational safety and health laws, regulations and standards in all
establishments and workplaces wherever they may be located; however, chartered
cities may be allowed to conduct industrial safety inspections of establishments
within their respective jurisdictions where they have adequate facilities and
competent personnel for the purpose as determined by the Department of Labor
and subject to national standards established by the latter.
(b) The Secretary of Labor may, through appropriate regulations, collect
reasonable fees for the inspection of steam boilers, pressure vessels and pipings and
electrical installations, the test and approval for safe use of materials, equipment and
other safety devices and the approval of plans for such materials, equipment and
devices. The fee so collected shall be deposited in the national treasury to the credit
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of the occupational safety and health fund and shall be expended exclusively for the
administration and enforcement of safety and other labor laws administered by the
Department of Labor.
10. RIGHTS TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING
Every worker has the right to self-organization, i.e., to form or to join any legitimate workers’ union, free
from interference of their employer or the government. All workers may join a union for the purpose of
collective bargaining and is eligible for union membership on the first day of their employment.
Collective bargaining is a process between two parties, namely the employer and the union, where the
terms and conditions of employment are fixed and agreed upon. In collective bargaining, the two parties
also decide upon a method for resolving grievances. Collective bargaining results in a contract called a
Collective Bargaining Agreement (CBA).
ART. 218. [211] Declaration of Policy.159 A. It is the policy of the State:
(a) To promote and emphasize the primacy of free collective bargaining and
negotiations, including voluntary arbitration, mediation and conciliation, as modes of
settling labor or industrial disputes;
(b) To promote free trade unionism as an instrument for the enhancement of
democracy and the promotion of social justice and development;
(c) To foster the free and voluntary organization of a strong and united labor
movement;
(d) To promote the enlightenment of workers concerning their rights and
obligations as union members and as employees;
(e) To provide an adequate administrative machinery for the expeditious
settlement of labor or industrial disputes;
(f) To ensure a stable but dynamic and just industrial peace; and
(g) To ensure the participation of workers in decision and policy-making
processes affecting their rights, duties and welfare.
B. To encourage a truly democratic method of regulating the relations between
the employers and employees by means of agreements freely entered into through
collective bargaining, no court or administrative agency or official shall have the
power to set or fix wages, rates of pay, hours of work or other terms and conditions
of employment, except as otherwise provided under this Code.
TYPES OF EMPLOYEES
There are five different types of employment in the Philippines and they are determined by the nature
and/or existence of activities that an employee is required to perform. The employer establishes the
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terms and conditions of the employment contract, which should be structured according to the legal
provisions set by Philippine labor laws and regulations.
Regular or Permanent Employment
Regular or Permanent Employment is when an employee performs activities that are usually necessary or
desirable in the usual business or trade of the employer. They enjoy the benefit of security of tenure
provided by the Philippine Constitution and cannot be terminated for causes other than those provided by
law and only after due process is given to them.
However, some employers can require their new employees to undergo probationary employment before
they can be qualified for regular employment. Although probationary employment is not a formal type of
employment in the Philippines, it is widely practiced to help employers observe the skills, competence,
and performance of new employees and determine if they are able to meet the reasonable standards to
become permanent employees.
Under Article 281 of the Labor Code of the Philippines, the maximum length of probationary employment
shall be six (6) months, and is counted from the date an employee started working. When the
employment is not terminated after the six-month probationary period, it shall then be considered regular
employment. It is important to note that the employer must notify the employee of the probationary
period and the standards they must satisfy on or before the end of the probationary employment. If the
employee is not properly notified of the arrangement, then they are prescribed by law to be classified as a
regular employee from the time they started working for the company.
Term or Fixed Employment
Term or Fixed-Term Employment is when the employee renders service for a definite period of time and
the employment contract must be terminated after such period expires. This type of employment is
determined not by the activities that the employee is expected to perform but by the commencement and
termination of the employment relationship.
Fixed-term employment is highly regulated and is subject to the following criteria:
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be voluntarily and knowingly agreed upon by the parties without any force, duress or improper
pressure being brought to bear upon the employee and absent any vices of consent; or
it satisfactorily appears that the employer and the employee dealt with each other on more or less
equal terms with no dominance exercised by the former over the latter.
Project Employment
Project Employment is defined when an employee is hired for a specific project or undertaking and the
employment duration is specified by the scope of work and/or length of the project. A project employee
may acquire the status of a regular employee when they are continuously rehired after the completion of
the project or when the tasks they perform are vital, necessary, and indispensable to the usual business or
trade of the employer.
Seasonal Employment
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Seasonal Employment is when the work to be performed is only for a certain time or season of the year
and the employment is only for that duration. This type is common practice to Retail, Food and Beverage,
Hospitality and other related industries as augmentation to their workforce to cover for the demand
during peak seasons.
A common practice for some employers is to hire “regular seasonal employees” who are called to work
during peak seasons (e.g. Christmas season) and are temporarily suspended during off-seasons. These
employees are not separated from service but are only considered on Leave of Absence (LOA) without
pay until re-employed.
Casual Employment
There is Casual Employment when an employee performs work that is not usually necessary or primarily
related to the employer’s business or trade. The definite period of employment should be made known to
the employee at the time they started rendering service.
If the employee has rendered service for at least one (1) year in the same company, whether the casual
employment is continuous or not, they shall be considered a regular employee with respect to the activity
they are employed and will continue rendering service while such activity exists.
REFERENCE
Art. 106. Contractor or subcontractor. Whenever an employer enters into a contract with another person
for the performance of the former’s work, the employees of the contractor and of the latter’s
subcontractor, if any, shall be paid in accordance with the provisions of this Code.
In the event that the contractor or subcontractor fails to pay the wages of his employees in accordance
with this Code, the employer shall be jointly and severally liable with his contractor or subcontractor to
such employees to the extent of the work performed under the contract, in the same manner and extent
that he is liable to employees directly employed by him.
The Secretary of Labor and Employment may, by appropriate regulations, restrict or prohibit the
contracting-out of labor to protect the rights of workers established under this Code. In so prohibiting or
restricting, he may make appropriate distinctions between labor-only contracting and job contracting as
well as differentiations within these types of contracting and determine who among the parties involved
shall be considered the employer for purposes of this Code, to prevent any violation or circumvention of
any provision of this Code.
There is “labor-only” contracting where the person supplying workers to an employer does not have
substantial capital or investment in the form of tools, equipment, machineries, work premises, among
others, and the workers recruited and placed by such person are performing activities which are directly
related to the principal business of such employer. In such cases, the person or intermediary shall be
considered merely as an agent of the employer who shall be responsible to the workers in the same
manner and extent as if the latter were directly employed by him.
Art. 107. Indirect employer. The provisions of the immediately preceding article shall likewise apply to
any person, partnership, association or corporation which, not being an employer, contracts with an
independent contractor for the performance of any work, task, job or project.
ART. 295. [280] Regular and Casual Employment. The provisions of written
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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, 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.
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.
MANAGEMENT PREROGATIVE
Management prerogative refers to a right that management feels is intrinsic to the ability to
manage and therefore are not subject to collective bargaining. These rights are often expressly
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reserved to management in the management clause of the bargaining agreement or in the
enabling framework.They include the right to hire, promote, suspend, or discharge employees; to
direct the work of employees; and to establish policy.
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An exclusive and special rights, power or privileges' granted to business owners
Property right attributed to the owner of the business and establishment
Par. 4 Sec. 3, Art. XIII- Philippine Constitution
"state shall regulate the relations between workers and employers recognizing the right
of enterprises to reasonable investments"
Art. 428 of Civil Code
"The owner has the right to enjoy and dispose of a thing, without other limitations than
those established by law."
Example:
When an owner for example Forever 21, decided to close after operating a profitable
business for several years because of bankruptcy.
He can close the business. However, he is obliged to pay separation pay to workers as
mandated by law (labor code, art. 283)
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THE RIGHT TO HIRE
THE RIGHT TO DISMISS/ FIRE/ TERMINATE
THE RIGHT TO TRANSFER
THE RIGHT TO PROMOTE AND DEMOTE
THE RIGHT TO DISCIPLINE
THE RIGHT TO LAY DOWN POLICIES
THE RIGHT TO ESTABLISH WORKING HOURS
THE RIGHT TO ORGANIZE AND REORGANIZE
THE RIGHT TO REASONABLE RETURN ON INVESTMENT
THE RIGHT TO EXPANSION AND GROWTH
THE RIGHT TO HIRE
The business has exclusive rights to purchase labor from any person whom it chooses.
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EXAMPLE:
The owner has the right to choose the right person to fit for the job he was looking for. A head
Chef in a restaurant was looking for fresh graduate with excellent knowledge about pastries.
THE RIGHT TO DISMISS
The business has the right to dismiss employees in accordance with the causes and
procedures established by law.
This particular right must be exercised with caution and without abuse of discretion because
termination affects the right of the worker to security of tenure
END OF CONTRACT
No prior notice is required
TERMINATION OF PROBATIONARY EMPLOYMENT
Notice served on employee within reasonable time
Any decision of termination shall be without prejudice to the right of the worker to contest
the same by filling a complaint with the National Labor Relations Commission.
Validity of 30 days preventive suspension
THE RIGHT TO TRANSFER
The company has the right to transfer and employee from one office to another within the
business establishment provided that there's no demotion in rank, salary, benefits and other
privileges.
Example:
SM City has a shortage in sales personnel due to high demand of people shopping in that
mall, SM City talks to the management under SM Delgado to transfer some of the employee
in SM City to cope the demand on service.
THE RIGHT TO PROMOTE AND DEMOTE
The company has the right to promote and demote employees.
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Promotion: a scalar ascent of an employee to another position higher in rank and salary.
The right to promote carries with it the right to demote
There is no law that compels an employee to accept a promotion, as promotion is in the
nature of a gift or reward, which a person has the right to refuse.
THE RIGHT TO DISCIPLINE
The right of the employer to subject his employees to disciplinary measures and the need
for discipline have been judicially noticed. It may come in the form of a verbal or written
reprimand or the loss of employee privileges. The purpose of disciplinary action is to correct
behavior and document issues.
Example:
A woman experienced sexual harassments or assault by her co-worker and her employer
knew about this issue. The employer is going to subject a disciplinary action towards this
incident.
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