BASIC LABOR LAWS: WHAT

EVERY EMPLOYEE SHOULD

KNOW
Atty. Irene C. Cunanan-Estrellado

Ateneo de Naga University

November 11, 2011

SELL YOURSELF

YOURE HIRED!

TYPES OF EMPLOYMENT

REGULAR
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:
Project Employees
Seasonal Employees

TYPES OF EMPLOYMENT

CASUAL
An employment shall be deemed to
be casual if it is not covered by the
preceding paragraph.
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.

TYPES OF EMPLOYMENT

PROBATIONARY
Probationary employment shall not exceed
six (6) months from the date the employee
started working, unless it is covered by an
apprenticeship agreement stipulating a
longer period.
The services of an employee who has
been engaged on a probationary basis may
be terminated for a just cause or when he
fails to qualify as a regular employee in
accordance with reasonable standards
made known by the employer to the
employee at the time of his engagement.
An employee who is allowed to work after a
probationary period shall be considered a
regular employee.

8-5 JOB???

WORKING CONDITIONS
AND REST PERIODS

COVERAGE
The provisions of this Title shall apply to
employees in all establishments and
undertakings whether for profit or not.
EXCEPT:
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
workers who are paid by results

WORKING CONDITIONS
AND REST PERIODS

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
1,000,000 or in hospitals and clinics with a
bed capacity of at least 100 shall hold
regular office hours for 8 hours a day, for 5
days a week, exclusive of time for meals,
except where the exigencies of the service
require that such personnel work for 6 days
or 48 hours, in which case, they shall be
entitled to 30% of their regular wage for
work on the sixth day.

OT!!!

WORKING CONDITIONS
AND REST PERIODS

OVERTIME WORK
Regular Overtime (work rendered on
regular days): 125%
Overtime on Rest Day: 130% of Rest Day
Premium Pay
Overtime on Holiday: 130% of Holiday
Premium Pay
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.

TGIF!!!

WORKING CONDITIONS
AND REST PERIODS

WEEKLY REST PERIOD

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.

WORKING CONDITIONS
AND REST PERIODS

COMPENSATION FOR REST DAY,

SUNDAY OR HOLIDAY WORK
Work on Rest Day: 130% for the first
8 hours
Work on Special Holiday: 130% for
the first 8 hours
Work on Special Holiday falling on a
Rest Day: 150% for the first 8 hours
Work on Regular Holiday: 200% for
the first 8 hours

ITS ALL ABOUT THE

MONEY!

WAGES

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.

WAGES

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.
DIRECT PAYMENT OF WAGES
Wages shall be paid directly to the workers to
whom they are due.
EXCEPT:
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
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

WAGES

WAGE DEDUCTIONS
No employer, in his own behalf or in behalf of
any person, shall make any deduction from the
wages of his employees.
EXCEPT
In cases where the worker is insured with his
consent by the employer, and the deduction is
to recompense the employer for the amount
paid by him as premium on the insurance;
For union dues, in cases where the right of the
worker or his union to check-off has been
recognized by the employer or authorized in
writing by the individual worker concerned; and
In cases where the employer is authorized by
law or regulations issued by the Secretary of
Labor and Employment.

BENEFITS ANYONE?

BENEFITS

SERVICE INCENTIVE LEAVE

MATERNITY LEAVE

PATERNITY LEAVE

13TH MONTH PAY

YOURE FIRED!!!

TERMINATION

BY EMPLOYER
FOR LAWFUL 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.

TERMINATION

BY EMPLOYER
FOR AUTHORIZED CAUSES:
installation of labor-saving devices
redundancy
retrenchment to prevent losses
partial or total closure or cessation
of operation of the establishment or
undertaking
affliction of disease prejudicial to the
employee's health and/or his coemployees' health

TERMINATION

BY EMPLOYEE
WITHOUT CAUSE
WITH CAUSE
Serious insult by the employer or his
representative on the honor and person of the
employee
Inhuman and unbearable treatment accorded
the employee by the employer or his
representative
Commission of a crime or offense by the
employer or his representative against the
person of the employee or any of the
immediate members of his family
Other causes analogous to any of the
foregoing.

AGING WITH GRACE

RETIREMENT

In the absence of a retirement plan or

agreement providing for retirement benefits of
employees in the establishment, an employee
upon reaching the age of sixty (60) years or
more, but not beyond sixty-five (65) years
which is hereby declared the compulsory
retirement age, who has served at least five (5)
years in the said establishment, may retire and
shall be entitled to retirement pay equivalent to
at least one-half (1/2) month salary for every
year of service, a fraction of at least six (6)
months being considered as one whole year
Unless the parties provide for broader
inclusions, the term one-half (1/2) month
salary shall mean fifteen (15) days plus onetwelfth (1/12) of the 13th month pay and the
cash equivalent of not more than five (5) days
of service incentive leaves.