THE WORKERS BASIC
RIGHTS
-Lifted from the website of the Bureau of Working Conditions
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LEARNING OUTCOMES:
1. To know the workers basic rights; and
2. To critique the rules and conventions of
employment
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1. 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
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. Discrimination against female employees is unlawful. It is
also unlawful for an employer to require a condition of employment that
a woman employee shall not get married, or to stipulate expressly or
tacitly that a woman employee shall be deemed dismissed upon marriage.
The minimum age of employment is 18 years for hazardous jobs, and 15
years for non-hazardous jobs. But a child below 15 maybe employed by
parents or guardians in a non-hazardous job if the employment does not
interfere with the child's schooling.
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2. Security of Tenure
Every employee 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.
Just Cause refers to any wrongdoing committed by an employee
including:
1. serious misconduct
2. willful disobedience of employers' lawful orders connected with
work
3. gross and habitual neglect of duty
4. fraud or willful breach of trust
5. commission of crime or offense against the employer, employer's
family member/s or representative
6. other analogous cases
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Authorized Cause refers to an economic circumstance
not due to the employee's fault, including:
1. the introduction of labor-saving devices
2. redundancy
3. retrenchment to prevent losses
4. closure or cessation of business
Due Process in cases of just cause involves:
1. notice to employee of intent to dismiss and grounds for
dismissal
2. opportunity for employee to explain his or her side
3. notice of decision to dismiss
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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.
The inability of a probationary employee
to meet the employer's prescribed standards
of performance made known to him or her at
the time of hiring is also a just cause for
dismissal.
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3. Work Days and Work Hours
Work Day refers to any day during
which an employee is regularly required to
work. Hours of Work 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. This includes
breaks or rest period of less than one hour,
but excludes meal periods, which shall not
be less than one hour.
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An employee must be paid his or her
wages for all hours worked. If all or any
part of his or her regular work hours falls
between 10:00 p.m. to 6:00 a.m., a covered
employee shall be entitled to a night shift
pay in addition to his or her pay for
regular work hours. If he or she works for
more than 8 hours in one day, he or she
shall be entitled to overtime pay.
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4. 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.
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5. Wage and Wage-Related Benefits
Wage is the amount paid to an employee in exchange for a
task, piece of work, or service rendered to an employer. This
includes overtime, night differential, rest day, holiday and 13th
month pay. It also includes the fair and reasonable value of
board, lodging and other facilities customarily furnished by the
employer.
Wage may be fixed for a given period, as when it is
computed hourly, daily or monthly. It may also be fixed for a
specified task or result. If wage is for a fixed period, the
minimum wage for a regular 8-hour workday shall not be lower
than the minimum daily wage applicable to the place of work as
determined by the Regional Tripartite Wage and Productivity
Board having jurisdiction over workplace.
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If wage is paid by result, the worker shall
receive at least the prescribed minimum wage for 8
hours of work. The amount may be increased or
reduced proportionately if work is rendered for
more or less than 8 hours a day.
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.
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6. Payment of Wages
Wages shall be paid in cash, legal tender at or
near the place of work. Payment may be made
through a bank upon written petition of majority
of the workers in establishments with 25 or more
employees and within one (1) kilometer radius to
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.
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7. 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 night time
unless given not less than 9 consecutive hours
of rest
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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 (i.e. equal pay for work of
equal value), promotion, training
opportunities, study and scholarship grants.
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8. Employment of Children
Minimum employable age is 15 years.
A worker below 15 years of age should be
directly under the sole responsibility of
parents or guardians; work does 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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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.
Jobs may be hazardous or highly hazardous.
Hazardous jobs are those which expose the employee to
dangerous environment elements, including
contaminants, radiation, fire, poisonous substances,
biological agents and explosives, or dangerous processes
or equipment including construction, mining, quarrying,
blasting, stevedoring, mechanized farming and operating
heavy equipment.
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10. Right to Self-Organization and
Collective 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 or her own choice. Except those
classified as managerial or confidential
employees, all employees may form or join
unions for purposes of collective bargaining and
other legitimate concerted activities. An employee
is eligible for membership in an appropriate union
on the first day of his or her employment.
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Collective Bargaining involves two parties:
1. the representative of the employer
2. a union duly authorized by the majority of the
employees within a bargaining unit called exclusive
bargaining agent.
It is a process where the parties agree:
1. to fix and administer terms and conditions of
employment which must not be below the minimum
standards fixed by law
2. to set a mechanism for resolving their grievances
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The result of collective bargaining is a contract
called collective bargaining agreement (CBA). A CBA
generally has a term of five years. The provisions of a
CBA may be classified as political or economic.
Political provisions refer to those which define the
coverage of the CBA and recognize the collective
bargaining agent as the exclusive representative of the
employees for the term of the CBA.
Economic provisions refer to all terms and conditions
of employment with a monetary value. Economic
provisions have a term of five years but may be
renegotiated before the end of the third year of
effectivity for the CBA.
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11. EC Benefits for Work-Related
Contingencies
The Employees' Compensation Program is the
tax-exempt compensation program for employees
and their dependents created under Presidential
Decree No. 626 which was implemented in
March 1975. The benefits include:
1. Medical benefits for sickness/injuries
2. Disability benefits
3. Rehabilitation benefits
4. Death and funeral benefits
5. Pension benefits
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End of presentation….
Thank you!
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