EMPLOYMENT

RIGHTS
ATTY. CHAZ ANGELO JOSHUA P. LLANES, REB

Importance of Knowing
Employment Rights
Protection for both the employer and employee
Prevent conflicts between employers and their employees
Healthy and ideal relations in the workplace
Adherence to labor laws and its implementing rules and
regulations
Contribute to economic stability

Basic constitutional
provisions relating to
employment rights

SECTION 10, Artilce II. The State

shall promote social justice in all
phases of national development.
Social justice is the promotion of the welfare of all
the people, the adoption by the government of
measures calculated to insure economic stability of
all the competent elements of society.

Protection-to-Labor Clause
Afford full protection to labor, local and overseas,
organized and unorganized;
Promote full employment and equality of employment
opportunities for all;
Guarantee the rights of all workers to selforganization, collective bargaining and negotiations,
and peaceful concerted activities, including the right
to strike in accordance with law;
Entitle workers to security of tenure, humane
conditions of work, and a living wage;

Protection-to-Labor Clause
Allow workers to participate in policy and decision-making
processes affecting their rights and benefits as may be
provided by law;
Promote the principle of shared responsibility between
workers and employers and the preferential use of
voluntary modes in settling disputes;
Regulate the relations between workers and employers,
recognizing the right of labor to its just share in the fruits
of production and the right of enterprises to reasonable
returns on investments, and to expansion and growth.

BASIC RIGHTS
OF THE
EMPLOYEE

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.

SECURITY OF TENURE
Every employee, whether full-time or
part-time, 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.

Different Kinds of Employees

Regular Employees
Probationary Employees
Project Employees
Seasonal Employees
Casual Employees
Fixed-term Employees
Part-time Employees

WORK DAYS AND WORK

HOURS
An employee must be paid their wages for
all hours worked.
The normal hours of work of any employee
shall not exceed eight (8) hours a day.

Compensable hours worked:

All time during which an employee is required to be
on duty or to be at a prescribed workplace; and all
time during which an employee is suffered or
permitted to work.

Compensable hours worked:

Meal periods
Waiting time
Sleeping while on duty
Working while on call
Travel time
Attendance in lectures, meetings, and training periods

Compensable hours worked:

Power interruptions or brown-outs of short duration
not exceeding 20 minutes.
Attendance in CBA negotiations or grievance
meeting and participation in strikes

Semestral breaks for regular/full-time teachers

Overtime
The amount of time someone works
beyond the normal working hours of
eight hours per working day, and in
such case, the employee shall be
entitled to overtime pay.

WEEKLY REST DAY

Every
employer
shall
give
his
employees a rest period of not less
than 24 consecutive hours after every
6 consecutive normal work days.

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.
Basic wage The remuneration or earnings paid
by an employer to a worker for services rendered
on normal working days and hours

Cost-of-living allowances
(COLA)
COLA is part of the minimum wage, but shall be excluded
from the computation of wage related benefits, such as
overtime pay, night differential, and 13th month pay.
COLA is not in the nature of an allowance intended to
reimburse expenses incurred by employees in the
performance of their official functions or fulfillment of
official duty. It is a benefit that is intended to cover
increases in the cost of living.

CURRENT DAILY MINIMUM WAGE RATES

REGION XI, Davao Region
Per Wage Order No. RTWPB-XI-19, effective
December 16, 2016

Sector/Industry

Non-Agriculture/
Industrial/Commercial
and Retail/Service
Employing More than 10
Workers

Agriculture

Retail/Service
Employing Not More
than 10 workers

New Basic
Wage

COLA under
WO RBXI-18

P335.00

P5.00

New Minimum
Wage with COLA
integration

P340.00

P330.00

P5.00

P335.00

P310.00

P5.00

P315.00

No work, no pay Principle

If the worker does not work, he is generally not
entitled to any wage or pay. The exception is when
it was the employer who unduly prevented him
from working despite his willingness and readiness
to work, or in cases where he is illegally locked out
or illegally suspended or illegally dismissed, or
otherwise illegally prevented from working.

Overtime Pay
Compensation for the hours which
eligible employees work in excess of
eight hours in one work day

Night Shift Differential

Premium for work performed between
10:00 p.m. and 6:00 a.m. of the following
day
Equivalent to not less than 10% of
employee's regular wage for each hour of
work

Holiday Pay
Premium given to employees pursuant
to law even if he is not suffered to
work on a regular holiday.

REGULAR HOLIDAYS

New Years Day

Araw ng Kagitingan
Maundy Thursday
Good Friday
Labor Day
Independence Day
National Heroes Day
Eidl Fitr
Eidul Adha
Bonifacio Day
Christmas Day
Rizal Day

January 1
April 9
TBD
TBD
May 1
June 12
Last Monday of August
TBD
TBD
November 30
December 25
December 30

Service Charges
Percentage of sharing:
85% for the employees to be distributed equally
among them; and
15% for the management to answer for losses and
breakages
and
distribution
to
managerial
employees.

13th Month Pay

All employers are required to pay all their rank-and-file
employees a 13th month pay not later than December
24 of every year, equivalent to 1/12 of the basic salary
of the employee. Such employees are entitled to the
benefit regardless of their designation or employment
status and irrespective of the method by which their
wages are paid, provided that they have worked for at
least 1 month during a calendar year.

Bonus
An amount granted and paid ex gratia to the
employee for his industry or loyalty; hence,
generally not demandable or enforceable. If there is
no profit, there should be no bonus. If profit is
reduced, bonus should likewise be reduced, absent
any agreement making such bonus part of the
compensation of the employees.

Separation Pay
The amount that an employee receives at
the time of his severance and is intended
to provide the employee with the
wherewithal during the period he is looking
for another employment.

Retirement Pay
Retirement is the result of a bilateral act
of the parties, a voluntary agreement
between the employer and the employee
whereby the latter, after reaching a
certain age, agrees or consents to sever
his employment with the former.

LEAVES

Service Incentive Leave (SIL)

Maternity Leave
Paternity Leave
Parental Leave (R.A. No. 8972)
Leave for Victims of Violence against Women and
Children (R.A. No. 9262)
Gynecological Disorder Leave

SOCIAL WELFARE BENEFITS

Social Security System (SSS)
PhilHealth
Pag-IBIG Fund / Home Development
Mutual Fund

NON-DIMINUTION OF
BENEFITS
Principle of non-elimination or non-diminution
of benefits This principle mandates that the
reduction or diminution or withdrawal by employers
of any benefits, supplements or payments as
provided in existing laws, individual agreements or
CBAs between workers and employers or voluntary
employer practice or policy, is not allowed.

WOMEN WORKERS
Acts of discrimination under R.A. No. 6725:
To pay lesser compensation to a female employee as
against a male employee for work of equal value; and
To favor a male employee over a female employee
with respect to promotion, training opportunities,
study and scholarship grants solely on account of
their sexes.

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 childs schooling or development.

EMPLOYMENT OF PERSONS
WITH DISABILITY (PWD)
Persons with Disability Those suffering
from restriction or different abilities, as a
result of a mental, physical or sensory
impairment, to perform an activity in the
manner or within the range considered
normal for a human being.

SAFE WORKING CONDITIONS

The Occupational Safety and Health Standards was
formulated in compliance with the constitutional
mandate to safeguard the workers social and economic
well-being as well as his physical safety and health. The
objective of this issuance is to protect every workingman
against the dangers of injury, sickness or death through
safe and healthful working conditions, thereby assuring
the conservation of valuable manpower resources and
the prevention of loss or damage to lives and properties

RIGHTS TO SELF-ORGANIZATION,
COLLECTIVE BARGAINING, AND
PEACEFUL CONCERTED ACTIVITIES
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.

Right to Self-Organization
The right of workers and employees to
form, join or assist unions, organizations
or
associations
for
purposes
of
collective bargaining and negotiation
and for mutual aid and protection.

Collective Bargaining
The 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).

Collective Bargaining
Agreement (CBA)
Refers to the contract between a duly recognized or
certified exclusive bargaining agent of workers and
the employer, concerning wages, hours of work and
all other terms and conditions of employment in the
appropriate bargaining unit, including mandatory
provisions
for
grievance
and
arbitration
machineries.

Right to Strike
Any temporary stoppage of work by the
concerted action of employees as a result of
an industrial or labor dispute; not only
concerted work stoppages but also slowdowns,
mass leaves, sit-downs, attempts to damage,
destroy or sabotage plant equipment and
facilities, and similar activities.

Rules on Strike:

Rule 1: Strike should not violate a law

Rule 2: It is for a lawful purpose (based on valid and factual
grounds)
Rule 3: It is conducted strictly in accordance with procedural
requirements of law
Rule 4: It must be carried out in consonance with the agreement of
the parties
Rule 5: If carried out with lawful methods, there must be no act of
violence, coercion or intimidation

Peaceful Picketing
The right of workers during strikes consisting
of the marching to and fro before the
premises of an establishment involved in a
labor dispute, generally accompanied by the
carrying and display of signs, placards or
banners with statements relating to the
dispute.

RIGHT TO DUE PROCESS

Due process in termination of employment refers
to statutory due process, which protects
employees from being unjustly terminated without
just cause after notice and hearing. Due process
under the Labor Code has two aspects:
substantive, i.e., the just and authorized causes of
employment termination under the Labor Code;
and procedural, i.e., the manner of dismissal.

Just Causes
Serious misconduct or willful disobedience by the
employee of the lawful orders of his employer or
representative in connection with his work;
Gross and habitual neglect by the employee of his duties;
Fraud or willful breach by the employee of the trust
reposed in him by his employer or duly authorized
representative;
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
Other causes analogous to the foregoing.

Authorized Causes
Installation of labor-saving devices;
Redundancy;
Retrenchment;
Closure or cessation of business; and
Disease.

Procedural Due Process in

Just Cause Termination
First written notice
Hearing required
Second written notice

Procedural Due Process in

Authorized Cause
Termination
Due process is deemed complied with upon the
separate and simultaneous service of a written
notice of termination to both: (1) the employee to
be terminated; and (2) the appropriate DOLE
Regional Office, at least one month before the
intended date of the termination specifying the
grounds therefor and the undertaking to pay the
separation pay.

AVAIL RELIEFS WHEN

ILLEGALLY DISMISSED BY
EMPLOYER
Reinstatement without loss of seniority rights and other
privileges. In case reinstatement is not possible, payment of
separation pay in lieu thereof may be awarded, computed at one
month or one month pay per year of service, whichever is higher;
Backwages, inclusive of allowances;
Other benefits or their monetary equivalent;
Damages (moral and exemplary, if the dismissal is with malice or
effected in bad faith; nominal, in case of termination without due
process);
Attorneys fees (10% of all monetary awards).

RIGHT TO TERMINATE
EMPLOYMENT
Section 18(2), Article III. No
involuntary servitude in any form
shall exist except as a punishment
for a crime whereof the party
shall have been duly convicted.

Involuntary Servitude
Involuntary servitude is every condition of enforced or
compulsory service of one to another, no matter
under what form such servitude may be disguised.
Employees are granted the right to terminate their
employment relationship with their employers. Thus,
an employee may resign from employment at any
time he wishes and with or without just cause, subject
only to certain minimum conditions imposed by law.

Resignation
The voluntary act of an employee who finds himself
in a situation where he believes that personal
reasons cannot be sacrificed in favor of the
exigency of the service and he has no other choice
but to disassociate himself from his employment.
Resigning employees are not entitled to separation
pay, unless company policy gives it.

BASIC RIGHTS
OF THE
EMPLOYER

RIGHT TO DISCIPLINE
The only criterion to guide the exercise of its
management prerogative is that the policies,
rules and regulations on work-related activities
of the employees must always be fair and
reasonable and the corresponding penalties,
when prescribed, commensurate to the offense
involved and to the degree of the infraction.

RIGHT TO DISMISS
While the constitution is committed to the policy
of social justice and the protection of the
working class, it should not be supposed that
every labor dispute will be automatically decided
in favor of labor. Management also has its own
rights which, as such, are entitled to respect and
enforcement in the interest of simple fair play.

RIGHT TO TRANSFER
Requisites for a valid transfer:
There is no demotion in rank or diminution of
salary, benefits, and other privileges; and
The action is not motivated by discrimination,
made in bad faith, or effected as a form of
punishment or demotion without sufficient cause.

RIGHT TO REORGANIZE
The
prerogative
of
management
to
implement a job evaluation program or a
reorganization is valid for as long as it is not
contrary to law, morals or public policy. If the
purpose of a reorganization is to be achieved,
changes in the positions and rankings of the
employees should be expected.

RIGHT TO PROMOTE
Promotion is the advancement from one position
to another involving increase in duties and
responsibilities as authorized by law, and
increase
in
compensation
and
benefits.
Apparently, the indispensable element for there
to be a promotion is that there must be an
upward vertical movement of the employees
rank or position.

RIGHT TO DEMOTE
Demotion involves a situation where there is
reduction in position, rank or salary as a result of
a transfer. In addition to the comparison
involving nature of work, another aspect of
comparison to determine the existence of
demotion is the workplaces themselves. Hence,
there is also demotion if there is a change in the
workplace.

RIGHT TO ENGAGE A
LOCKOUT
Lockout is any temporary refusal of an employer
to furnish work as a result of an industrial or
labor dispute. It consists of shutdowns, mass
retrenchment and dismissals initiated by the
employer. Lockout, however, may take other
forms such as the employers act of excluding
employees who are union members.

Other rights:
Right
Right
Right
Right

to
to
to
to

impose productivity standards

grant bonus
change working hours
impose post-employment bans

-ENDTHANK YOU!