10 Basic Rights of Workers in the Philippines Under the Applicable Laws

1. EQUAL WORK OPPORTUNITIES FOR ALL

It is provided in the Philippine Constitution that: the State shall protect labor, promote full employment, provide equal work opportunity regardless of gender, race, or creed; and regulate employers-employees relationship.

2. SECURITY OF TENURE

Workers cannot be dismissed without just and authorized causes and only after due process. Just cause refers to any to any wrongdoing committed by a worker; authorize cause refers to economic circumstances that are not the worker’s fault. Due process involve the “twin” requirements of notice and hearing. Every worker shall be assured security of tenure. A worker shall be made regular after six (6) months probation.

3. WORK DAYS AND WORK HOURS

Normal working hours of eight (8) hours a day. Meal and rest period. Meal break of less than one hour and short rest periods shall be considered compensable working time. Workers must be paid their wages for all hours worked. If work hours fall between 10:00 p.m. and 6:00a.m., workers are entitled to night differential pay, which is 10% of the basic or regular rate, in addition to their pay for regular hours worked. If they work for over eight (8) hours a day, they are entitled to overtime pay.

4. WEEKLY REST DAY

A weekly day-off of 24 consecutive hours should be scheduled by the employer upon consultation with the workers.

5. WAGE AND WAGE RELATED BENEFITS

Wage is the amount paid to an employee in remuneration for the service rendered. Wage maybe fixed for a given period. There is a corresponding minimum wage for a particular region or sector as maybe provided by law.

6. PAYMENT OF WAGES

Wages shall be paid in cash, legal tender at or near the place of work. Payment maybe made through a bank upon a written petition of majority of the workers in an establishment with twenty-five (25) or more employees and within one kilometer radius to a bank. Payment shall be made directly to the workers. Payment shall be given not less than once every two weeks or twice within a month at intervals not exceeding sixteen (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 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. Prohibition against discrimination with respect to pay, (equal pay for work of equal value), promotion, training, opportunities, study and scholarship grants.

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. Work permit from DOLE. The minimum age of employment is 18 years for hazardous jobs, and 15 years for non-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. Proper illumination and ventilation, fire exits and extinguishers, occupational health personnel and services must be provided at the workplace by the employers.

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).