Department of Labor and Employment

19 March 2015
Article XIII. Social Justice and Human Rights

Section 3. The State shall afford full protection to, labor, local and
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all. 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 the 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 process affecting their rights and benefits as
may be provided by law.
The State shall promote the principle of shared
responsibility between workers and employers, recognizing
the right to labor to its just share in the fruits of production
and the right of the enterprises to reasonable returns on
investments, and to expansion and growth.
 Starting point for the application of the Philippine
Labor Code.
 It refers to the consent of both the employer and
employee whereby the latter agrees to provide
services to the former in consideration of payment
of salary or wage.
 Rights defined as against privileges

 Privileges are those benefits given by the company to a

worker which may be taken away by the company at any
time. However, it should be emphasized that once
privileges are incorporated in the collective bargaining
agreement (CBA), they automatically become rights of the
worker.
Individual rights – refer to rights that are inherent on the
individual employee as a person in relation to his workplace.
These rights exist independently of any workers’ organization.

Collective rights – pertain to rights exercised by employees as a

group including the rights to form or organize unions, bargain
collectively with management and to engage in collective action
or concerted activities within the limits prescribed by law and
to participate in decision-making processes affecting their
rights and benefits as maybe provided by law. These are in
addition to the worker’s individual rights.
Labor/ Capital/
Employer
Employees
Reasonable
Just share in returns to
the fruits of investments,
production and to
THE STATE SHALL expansion and
Labor growth
REGULATE THE
standards, RELATIONS BETWEEN Management
Freedom of WORKERS AND prerogative
association EMPLOYERS
RIGHTS OF EMPLOYEE
1. Security of tenure
2. Just and humane
condition of work
3. Living wage
4. Just share in the fruits of
production
5. Association/organization
6. Peaceful concerted
activities
7. Collective bargaining or
negotiation with
management
8. Participate in policy and
decision making
processes affecting their
rights
OBLIGATIONS OF EMPLOYEE
1. To obey
 Contract of employment
 Company rules and policies
 Union Constitution and By-
laws
 Labor Code, IRR,
particularly in the exercise
of right to self organization
2. To observe good faith and
loyalty
3. To exercise skill and care
(diligence) in the
performance of his or her
job
1. Security of Tenure
Workers cannot be dismissed without just cause and
authorized causes.
Due Process must be observed.
 Just Causes of Termination from Employment:

 Serious misconduct or wilful disobedience of the lawful orders

of the employer or his representatives in connection with work
 Gross and habitual neglect of duties
 Fraud or wilful breach trust
 Commission of a crime or offenses against his employer or any
immediate member of his family or his duly authorized
representatives

 Authorized Causes of Termination:

 Closure of establishment
 Retrenchment
 Installation of labor-saving devices or redundancy
 Disease
 Retirement
 Normal working hours of 8 hours a day
 Meal and rest period: meal break of less than one
hour shall be considered compensable work time.

 A day-off of 24 consecutive hours after 6 days of

work should be scheduled by the employer upon
consultation with the workers
 minimum wage in the region/sector or more
 Holiday pay: one day pay for every regular holiday even
if un-worked subject to certain conditions
 Premium pay for work with 8 hours on a:
 Special or rest day: plus 30% of basic daily rate (bdr)
 Rest day falling on a special day: plus 50% of bdr
 Rest day falling on a regular holiday: plus 30% of 200% of bdr
 Overtime pay:
 Ordinary days: plus 25% of the basic hourly rate
 Special days, rest days and holidays: plus 30% of the regular
hourly rate on said days
 Night shift differential pay: plus 10% of the basic/regular
rate between 10pm and 6am
 Service incentive leave: 5 days with pay for every year
after one year of service.
 Service charges: 85% for distribution to rank and file
employees; 15% for losses, breakages, or distribution to
managerial employees (applicable only to establishments
collective service charges
 Separation pay: Minimum of ½ month pay for every year
of service for authorized causes of separation
 13th month pay: 1/12 of the total basic salary earned with
the calendar year.
 Wages shall be paid in cash, legal tender at or near place of
work
 Payment shall be made directly to the employees
 It shall be given not less that once every two weeks or twice
within a month at intervals not exceeding 16 days
 Labor only contracting is prohibited and the person acting as
contractor is considered merely as an agent of the employer
 Preference of workers’ money claims over government and
other creditors in case of bankruptcy or liquidation of
business
 Proper illumination and ventilation, fire exits and
extinguishers, occupational health personnel services,
family welfare/family planning services at the workplace,
etc.

 Minimum employable age is 15 years

 No person below 18 can be employed in a hazardous or
deleterious undertaking
 Night work prohibition
 Welfare facilities at the workplace such as seats,
separate toilet rooms, lavatories, dressing rooms,
nursery
 Prohibition against discrimination with respect to
pay (i.e., equal pay for work of equal value),
promotion, training opportunities, study and
scholarship grants
 Employees can form organization such as unions,
associations and welfare committees
 An employee can join a union on the very first day of his
employment
 CBA
is a contract between workers and employers on terms
and conditions of employment which are over and above
those mandated by law)
 Labor education through seminars, dialogues,
information, education and communication
materials
 Peaceful concerted activities in accordance with
the law
 Participation in policy and decision-making
processes affecting their rights and benefits
 Free access to the courts and quasi-judicial bodies
and speedy disposition of cases
 Medical benefits for sickness and injuries
 Disability benefits
 Rehabilitation benefits
 Death and funeral benefits
 SSS benefits
“Choose a job you love, and you will never have to work
a day in your life.”
― Confucius
Department of Labor and Employment
19 March 2015
•If your office timing is 9 AM, make sure you are there at 8.50 AM. It is
essential to be disciplined at the workplace.

•Leave all your personal problems out the moment you step in the office. It is
unprofessional to mix personal and professional life. Keep them separate.

•Greet your fellow workers with a smile.

•Being late is disrespectful of other’s time

 you represent your employer. It is just as important to impress your peers as to
impress upon management and visitors that you are highly professional and a top
performer.
 Never wear anything which shows much of your skin. Avoid wearing jeans, capris, T
shirts, shorts etc to work.
 Female employees should not wear revealing dresses or deep neck blouses to
work.
 There are many otherwise wonderful fragrances that generate allergic reactions in
many people. Even those with sensitive senses of smell may be annoyed or
distracted in neighboring cubicles.
 Help them whenever required. Never give them wrong suggestions.
 Simple displays of respect, friendliness and smiles can accomplish wonders at the
workplace. You will notice a change in other employer behavior as you “infect”
coworkers with your empathy and enthusiasm.
 Treat all your fellow workers as one irrespective of their education and designation
in the organization. Female employees must be treated with respect and dignity.
 Respect each other’s privacy: Do not open envelopes not meant for you. It is bad
manners to read your colleagues email or check his/her messages.
 Pay attention during meetings and avoid multi-tasking, such as scrolling through
emails on your smart phone or computer.
 Respect other’s property and the company property too.
 Knock before entering.
 Say “please” or “thank you”.
 Listen to your colleague when he/she speaks.
 Using basic manners makes a stronger positive impression than you may realize.
 Humans are not perfect; they eventually make mistakes. Deflecting liability for your
error on to the resume of another is a graphic example of poor office etiquette.
 Stick to your statements. Stay away from blame games and nasty politics at the
workplace. Remember conflicts and misunderstandings lead you nowhere. It is
always better to discuss issues face to face and reach to a mutually acceptable
solution.
 NEVER participate in gossip about or verbalize open criticism of your peers.
This terrible habit (that’s really all it is), if left unchecked, can become a career
killer at your current and future employers. In all situations, senior management
strongly frowns on gossip—whether true or not—as acceptable employee
behavior. Believing your supervisors and upper management will not learn of this
anti-work etiquette activity will eventually become an exercise in futility. They will
find out and be highly displeased.
 Workplace etiquette is always important to efficient operations, high performing
employees and your personal career advancement options.
 Understand the uniqueness of each individual.
 Put yourself in someone else’s shoes