Objective: At theend of the lesson, learners are
expected to:
❑ develop learners awareness of
employment rights and
responsibilities.
.
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3.
The Labor Codeof the Philippines
governs employment practices and labor
relations in the Philippines. It also
identifies the rules and standards
regarding employment such as pre-
employment policies, labor conditions,
wage rate, work hours, employee
benefits, termination of employees, and
so on. Under the regime of the President
[Ferdinand Marcos], it was promulgated
in May 1. 1974 and took effect
November 1, 1974, six months after its
promulgation.
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THE WORKER’S
BASIC RIGHTS
❑The state shall protect labor, promote
full employment, provide equal work
opportunity regardless of gender, race,
or creed; and regulate employee-
employer relations.
❑ Male and female employees are
entitled to equal compensation for
work of equal value and to equal access
to promotion and training
opportunities.
❑ The minimum age of employment is 18
years for hazardous jobs and 15 years
for non-hazardous jobs.
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7.
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• Every employeeshall be assured
security of tenure.
• No employee can be dismissed
from work except for a just or
authorized cause, and only after
due process.
SECURITY OF
TENURE
8.
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Just Cause refersto any wrongdoing
committed by an employee including:
❑ serious misconduct
❑ willful disobedience of employers’
lawful orders connected with work
❑ gross and habitual neglect of duty
❑ fraud or willful breach of trust
❑ commission of crime or offense
against the employer, employer’s
family member/s or representative
❑ other analogous cases
Security of Tenure
9.
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Due process incases of just cause
involves:
❑ notice to employee of intent to dismiss
and grounds for dismissal
❑ opportunity for employee to explain
his/her side
❑ notice of decision to dismiss
In authorized causes, due process
means written notice of dismissal to
the employee specifying the grounds,
at least 30 days before the date of
termination.
SECURITY OF
TENURE
10.
WORKDAYS
AND WORK
HOURS
▪ Workdayrefers to any day during which
an employee is regularly required to
work.
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❑ Work hours refer to all the time an employee renders
actual work or is required to be on duty or to be at a
prescribed workplace.
▪ The normal hours of work in a day is 8 hours.
▪ An employee must be paid his/her wages for all hours
worked.
▪ If regular work hours fall between 10:00 PM-6:00 AM,
employee is entitled to a night shift pay.
▪ Works for more than 8 hours a day, entitled to
overtime pay.
❑ Weekly Rest Day
▪ A day-off of 24 consecutive hours after 6 days of work should be
scheduled by the employer upon consultation with the workers.
11.
WAGE AND WAGE-
RELATEDBENEFITS
▪ Wage is the amount paid to an employee in
exchange for a task, piece of work or service
rendered to an employer.
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▪ An employer cannot make any deduction
from an employee’s wage except for
insurance premiums with the consent of
the employee, for union dues, or for
withholding taxes, SSS premiums and
other deductions expressly authorized by
law.
12.
PAYMENT OF
WAGES
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❑ Wagesshall be paid in cash, legal
tender at or near the place of work.
❑ Payment may be made through a
bank.
❑ Payment shall be made directly to the
employees.
❑ Wages shall be given not less than
once every two (2) weeks or twice within
a month at intervals not exceeding 16
days
13.
EMPLOYMENT
OF WOMEN
❑ Nightwork prohibition unless allowed by the
rules:
▪ in industrial undertakings from 10PM to 6AM
▪ in commercial/non-industrial undertakings
from 12MN to 6AM
▪ in agricultural undertakings, at nighttime
unless given not less than 9 consecutive
hours of rest.
❑ Welfare facilities must be installed at the
workplace such as seats, separate toilet rooms,
lavatories and dressing rooms.
❑ Prohibition against discrimination with respect
to pay 13
14.
EMPLOYMEN
T OF
CHILDREN
❑ Minimumemployable age is 15
years.
❑ Below 15 years – sole responsibility
of parents/guardians, work should
not interfere with child’s
schooling/normal development.
❑ No person below 18 years of age can
be employed in a hazardous or
deleterious undertaking.
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15.
EC BENEFITS FOR
WORK-RELATED
CONTINGENCIES
❑The Employee’s Compensation Program is
the tax-exempt compensation program for
employees and their dependents created
under P.D. No.626 which was implemented
in March 1975. The benefits include:
▪ Medical benefits for sickness/injuries
▪ Disability benefits
▪ Rehabilitation benefits
▪ Death and funeral benefits
▪ Pension benefits
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16.
RIGHT TO SELF-
ORGANIZATION
ANDCOLLECTIVE
BARGAINING
❑ The right to self-organization is the right
of every worker, free of any interference
from the employer or from government,
to form or join any legitimate worker’s
organization, association or union of
his/her own choice.
❑ Collective bargaining involves two
parties:
▪ the representative of the employer
▪ a union duly authorized by the
majority of the employees within a
bargaining unit called exclusive 16
17.
POST-
EMPLOYMENT
Termination by Employer
Theemployer has the right to terminate an employee due to the
following reasons: serious misconduct or disobedience to the
employer, neglect of duties or commission of a crime by the
employee, and such gives the employer a just case to terminate the
services of the employee
Retirement
The retirement age for an employee depends on the employment
contract. Upon retirement, the retired employee should be given
his/her benefits according to the agreement or contract between
the employer and the employee. However, if there is no existing
retirement plan or agreement for the employee, he/she may retire
at the age of 60, given that he/she has served the employer for 5
years, and shall be given a retirement pay of at least half a
month’s salary for every year of service (6 months of work given
is considered as 1 whole year for the retirement pay).
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