Professional Documents
Culture Documents
Contents
[hide]
o 1.1Torture
o 1.2Labor Code
1.2.2Hours of Work
1.2.3Rest Days
1.2.4Holiday Pay
1.2.5Leave
1.2.6Employment of Women
1.2.8Benefits
2.3.1Lumad Killings
2.3.2Political prisoners
2.3.3Journalist killings
o 3.1Government
3.1.1Department Of Justice
3.1.1.1Functions
3.1.1.2Organizational Structure
3.1.1.3Programs
o 3.2Labor
o 3.3Indigenous peoples
4See also
5References
Taken from Labor Advisory No. 12 Series of 2013: Payment of Thirteenth Month Pay
1. Minimum Wage
According to Presidential Decree No. 851, an employer is mandated by law to give his
employees thirteenth month pay. The thirteenth month pay required by law should not be
less than one twelfth of the total basic salary earned by an employee within a calendar
year.[15] The thirteenth month pay is exempted from being taxed by the government. The
photo below is from the Department of Labor and Employment which shows the
computation of a hypothetical thirteenth month pay.
3. Retirement Pay
Article 287 of the Philippine Labor Code states that, the retiring age of an employee is
sixty (60) years or more but not beyond sixty-five (65) years. The retiring employee who
has served at least five (5) years in the said establishment 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 months being considered as one whole year. [14] "The term 'one-half month
salary' shall mean fifteen (15) days plus one twelfth (1/12) of the thirteenth month pay
and the cash equivalent of not more than five (5) days of service incentive leaves." [14]
Hours of Work[edit]
Article 83 and 84 of the Philippine Labor Code, the normal hours of work of an
employee shall not exceed eight (8) hours a day. Hours worked shall include all time that
an employee is required to be in the workplace and all time during which an employee is
permitted to work. Short breaks during working hours shall be counted as hours worked.
[14]
2. Overtime Work
Article 87 of the Philippine Labor Code states that any work that exceeds eight (8)
hours is considered overtime work. This is legal provided that the employee is paid for the
overtime work. The computation for the wage is his regular wage plus at least twenty-five
percent (25%) of his hourly wage. Work performed beyond eight hours on a holiday or
rest day shall be paid an additional compensation equivalent to the rate of the first eight
hours on a holiday or rest day plus at least thirty percent (30%) thereof. [14]
Article 86 of the Philippine Labor Code explains that the night shift is between ten
o'clock in the evening and six o'clock in the morning. A night shift differential is payment
of not less than ten percent (10%) of the regular hourly wage of an employee for each
hour of work performed during this time period.[14]
Rest Days[edit]
If an employer requires his employee to work on his scheduled rest day, he shall be
paid an additional compensation of at least thirty percent (30%) of his regular wage. [14]
If the employee has no regular work days or rest days, and he is required by his
employer to work on a Sunday and on a holiday, he shall be paid an additional
compensation of at least thirty percent (30%) of his regular wage. [14]
Holiday Pay[edit]
If an employee works on 21 August, Ninoy Aquino Day, 1 November, All Saints Day,
and/or 31 December, Last Day of the year, his wage will be:
for first eight (8) hours of work - plus thirty percent (30%) of the daily rate
for excess of eight (8) hours of work - plus thirty percent (30%) of hourly rate
on said day
If an employee works on 21 August, Ninoy Aquino Day, 1 November, All Saints Day,
and/or 31 December, Last Day of the Year and it falls under his rest day, his wage will be
for the first eight (8) hours of work - plus fifty percent (50%) of the daily rate
excess of eight (8) hours of work - plus thirty percent (30%) of hourly rate on
said day
Article 93 and 94 of the Philippine Labor Code states that a worker shall be paid his
regular daily wage during regular holidays whether or not the employee goes to work. The
employer can require an employee to work on any holiday but the employee must be paid
an amount double his regular wage.[14]
If the holiday falls under the employee's rest day, and he decides to work, his wage for
the first eight (8) hours of his work will be doubled. If he works for more than eight (8)
hours, then thirty percent (30%) of his hourly rate will be added to his wage for that day.
Article 95 of the Philippine Labor Code states that if an employee has given at least one
(1) year of service, he shall be entitled to a yearly service incentive leave of five (5) days
with pay.[14]
2. Paternity Leave
The paternity leave is not found in the Labor Code. The basis for the paternity leave is
Republic Act No. 8187, otherwise known as the "Paternity Leave Act of 1996. RA 8187
states that a married male employee is allowed to take 7 days off work with full pay for
the first four deliveries.
3. Maternity Leave
Republic Act No. 7322 states that a pregnant employee who has paid at least three
monthly maternity contributions to the Social Security System in the twelve-month period
preceding the semester of her childbirth, abortion or miscarriage and who is currently
employed shall be paid a daily maternity benefit equivalent to one hundred percent
(100%) of her present basic salary, allowances and other benefits or the cash equivalent
of such benefits for sixty (60) for normal delivery a seventy-eight (78) for caesarian
delivery.[16]
The maternity leave can be extended without pay if any illness medically certified are to
come as a result of the pregnancy, delivery, abortion, or miscarriage which leaves the
woman unfit to work.[14]
As with the paternity leave, the maternity leave is only valid for the first four deliveries.
Employment of Women[edit]
Article 132 of the Labor Code of the Philippines requires employers to:
Provide seats proper for women and let them use these seats when they are free
from work or during work hours provided that they can perform their duties in this
position without sacrificing efficiency.
Establish separate toilet rooms for men and women and provide at least a
dressing room for women.
2. Discrimination
Article 134 of the Labor Code of the Philippines states that a woman cannot be paid a
lesser compensation than a man for work of equal value.
Favoring a male employee over a female employee with regard to promotion, training
opportunities, study, scholarship grants based on only their sexes is also illegal. [14]
3. Prohibited Acts
Deprive any woman employee of any of the benefits mentioned above and in
Articles 130-136 of the Labor Code or to terminate any woman employee for the
purpose of stopping her from enjoying said benefits.
Discharge or refuse the admission of such woman from returning to her work for
fear that she may again be pregnant.[14]
On Employment and Termination[edit]
1. Security of Tenure
Article 279 of the Labor code discusses that if an employee is already a regular
employee, the employer cannot terminate his services without just cause and due process.
An employee unjustly dismissed from work can return to it without any losses of benefits,
privileges, and allowances from the time he was unjustly dismissed to the time of his
actual return.[14]
2. Regular and Casual Employment
3. Probationary Employment
Article 281 of the Labor Code states that probationary employment should not go over
six (6) months unless it is under an apprenticeship agreement stipulating a longer period.
An employee who continues to work after the probationary period will be considered a
regular employee. A probationary employee may be discharged for a just cause or when
he fails to qualify as a regular employee.[14]
Benefits[edit]
2. PhilHealth Benefits
Protect the rights of ICCs/IPs to their ancestral domains to ensure their economic, social and
cultural well being and shall recognize the applicability of customary laws governing property
rights or relations in determining the ownership and extent of ancestral domain;
Recognize, respect and protect the rights of ICCs/IPs to preserve and develop their cultures,
traditions and institutions. It shall consider these rights in the formulation of national laws and
policies;
Guarantee that members of the ICCs/IPs regardless of sex, shall equally enjoy the full
measure of human rights and freedoms without distinction or discrimination;
Take measures, with the participation of the ICCs/IPs concerned, to protect their rights and
guarantee respect for their cultural integrity, and to ensure that members of the ICCs/IPs benefit
on an equal footing from the rights and opportunities which national laws and regulations grant to
other members of the population.
It declared that the State recognizes its obligations to respond to the strong expression of the
ICCs/IPs for cultural integrity by assuring maximum ICC/IP participation in the direction of education,
health, as well as other services of ICCs/IPs, in order to render such services more responsive to the
needs and desires of these communities.[18]
The DOJ investigates the commission of crimes and prosecutes offenders through
the National Bureau of Investigation (NBI) and the National Prosecution Service (NPS),
respectively. The DOJ administers the probation and correction system of the country
through the Bureau of Corrections (BuCor), the Board of Pardons and Parole (BPP) and the
Parole and Probation Administration (PPA).
The DOJ, through the Office of the Solicitor General (OSG) and the Office of the
Government Corporate Counsel (OGCC), acts as the legal representative of the
Government of the Philippines, its agencies and instrumentalities including government
owned and controlled corporations and their subsidiaries, officials and agents in any
proceeding, investigation or matter requiring the services of a lawyer.
The DOJ provides free legal assistance/representation to indigents and poor litigants as
well as other qualified persons in criminal, civil, and labor cases, administrative and other
quasi-judicial proceedings and non-commercial disputes through the Public Attorney's
Office (PAO) pursuant to Republic act No. 9406.
The Alternative Dispute Resolution Act of 2004 (RA 9285) created the Office for
Alternative Dispute Resolution (OADR), which is an agency attached to the DOJ which
function is to promote, develop and expand the use of alternative dispute resolution in civil
and commercial disputes.
5. Other Functions
Witness protection - The Witness Protection, Security and Benefit Act (R.A. 6981),
mandates the DOJ to formulate and implement a Witness Protection, Security and
Benefit Program for the admission and protection of witnesses.
Anti Human trafficking - The Anti-Trafficking in Persons Act of 2003 (R.A. 9208),
mandates the prosecution of persons accused of human trafficking and for that
purpose, created the Inter-Agency Council Against Trafficking (IACAT).
Rape Victim Assistance and Protection - The Rape Victim Assistance and Protection Act
of 1998 (RA 8505), mandated the DOJ to participate in inter-agency efforts to establish
Rape Crisis Centers in every city or province for the purpose of rendering assistance to
rape victims.
Legal Staff
Office of Cybercrime
Financial Service
Administrative Service
Technical Staff
Internal Audit Service
Programs[edit]
The Department of Justice heads a number of projects, among others are as follows;
The Child Protection program implemented the Special Committee for Child Protection
which is a body charged with monitoring the implementation of The Special Protection For
a Child Against Abuse, Exploitation, and Discrimination Act (R.A. 7610). Which protects a
child who is below 18 years of age or one who is over 18 years of age but who cannot
take care of himself fully because of a physical or mental disability or condition from
abuse.
The purpose of the Criminal Code Committee is to form a new Criminal Code of the
Philippines that is updated, modern, simplified, responsive and truly Filipino, in order to
improve the administration of justice in the country and enhance access to justice of the
poor and other marginalized sectors.. It is composed of representatives from the
executive, legislative and judicial branches of government[52]
The Department of Justice Action Center acts on complaints, requests for legal
assistance and queries of walk-in clients as well as over the telephone. Any caller can talk
to a lawyer or paralegal officer who can render him assistance.
5. Office of Cybercrime
The Human Rights Protection Program implemented the Legal and Investigation Office
which provides legal aid and counseling services; conducts monitoring of cases/complaints
with concerned agencies; conducts rights based public inquiry on issues and concerns of
marginalized and disadvantage sectors; and conducts studies to establish certain human
rights conditions/situations affecting human development for the adoption of policies,
programs and measures for the promotion of human rights. The Legal and Investigation
Office also provides appropriate human rights investigative interventions; medico-legal
services; conducts alternative dispute resolution of cases thru mediation; quick reaction
activities; fact finding missions; rights based situation tracking and rights based
investigative monitoring.
The CHR established linkages and collaboration efforts with the Department of
Education with this effort, the two agencies forged a Joint of Declaration of Undertaking
(JDU) in 1992 and a Memorandum of Agreement (MOA) in 1996 which provided
development of human rights education curriculum for integration across the two levels of
education. To implement the main provision of the Memorandum of Agreement, a joint
project was undertaken entitled: Writing Workshop in the Development of Human Rights
Education Teaching Exemplars for the Elementary and the Secondary Levels.
1. Job Search Assistance Services to assist jobseekers opting for wage employment. The
service aims to provide employment guidance and counseling, job referral and facilitation, and
timely and accurate jobs and skills description.
6. Social Protection and Welfare Services for Workers in the Informal and Other
Specific Sectors to aid workers not usually covered by the protection of government laws.
This is done through DOLE'S Social Protection Program.
1. Decent Work Country Programme (DWCP) is ILO Manila's main project. It was made
to support the country's Labor Employment Program (LEP). The two major priorities are
decent jobs for a competitive Philippines, and improved labor market governance. To
achieve this, the ILO will help strengthen the working capacity of the Philippines and apply
international labor conventions to constantly update the LEP. The United Nations
Development Assistance Framework has listed the DWCP as ILO Manila's top priority. [60]
4. Strategies and Tools Against Social Exclusion and Poverty (STEP) (1 January 2003
1 June 2005) aimed to provide better quality of life to informal economy workers and
their families through better access to health care. This is a donor project from the
Government of Norway.
1. Tripartite Action for the Protection and Promotion of the Rights of Migrant
Workers in the ASEAN Region (1 May 2012 31 March 2016) is an ongoing ASEAN
TRIANGLE project that aims to significantly reduce the exploitation of labour migrants
in the region through increased legal and safe migration and improved labour
protection. This is a donor project from the Government of Canada.
The International Labor Organization started working with the Philippines in the
year 1994. Infrastructure for Rural Productivity Enhancement Sector (INFRES) and
The Indigenous Peoples Development Programme (IPDP) are two of their many
projects.[61]
3. Tebtebba
Tebtebba is an organization that was established in the year 1996. They have been
an active participant in processes which led to the adoption of international human
rights law and other international instruments, policies and agreements. These
include the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the
establishment of spaces within the United Nations, such as the UN Permanent
Forum on Indigenous Issues, among others.[62]
The Cordillera Peoples Alliance (CPA) was founded in 1984. Among many other
projects and campaigns, CPA has pushed for regional autonomy, campaigns for the
defense of land, life, and resources, opposed large-scale mining in the Cordillera to
save Abra river, and exposed violations of human rights committed in their region.
[63]
KATRIBU was founded in the year 1987. Previously known as KAMP, KATRIBU aims
for the attainment of land rights and for the formation of allegiances and
government of the indigenous peoples. KATRIBU is currently protesting DMCIs
planned15-megawatt coal-fired power plant in Narra, Palawan and the mining
policy of the Aquino administration.[64]
See also[edit]