Professional Documents
Culture Documents
In the 1987 Constitution, provisions on social justice and the protection of labor
underscore the importance and economic significance of labor. Article II, Section 18
characterizes labor as a primary social economic force, and as such, the State is bound to
protect the rights of workers and promote their welfare. Moreover, workers are entitled to
security of tenure, humane conditions of work, and a living wage.
The rights and benefits granted to workers under the Labor Code applies to all
workers except the employees of government agencies (Civil Service Rules apply) and
government corporations with original charters (chartered by Congress).
The basic rights of workers under the Labor Code are as follows:
1. SECURITY OF TENURE
Under Article 285 of the Labor Code, an employer shall not terminate the
services of an employee except only for a just or authorized cause. A
dismissal not anchored on a just or authorized cause is considered illegal and
it entitles the employee to reinstatement or in certain instances, separation
pay in lieu thereof, as well as the payment of backwages.
Just causes for dismissal of employee may be defined as those lawful or valid
grounds for termination of employment which arise from causes directly attributable to the
fault or negligence of the erring employee. Just causes are usually serious or grave in nature
and attended by willful or wrongful intent or they reflected adversely on the moral
character of the employees.
As opposed to authorized causes under Art. 289 and Art. 290 wherein the
termination of employment is dictated by necessity of the business, the dismissal under
just causes is imposed by the employer to the erring employee as a punishment for the
latter’s acts or omission.
Just causes for termination under the Labor Code is found in Article 288 and
enumerated here as follows:
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1. Serious misconduct. Serious misconduct is an improper conduct willful in
character and of such grave nature that transgressed some established and definite
rule of action in relation to the employee’s work.
Cases
a) The employee’s (an accounting manager) act of willfully understating the company’s
profits or financial position, committed as it was in order to “save” costs, which to
her warped mind, was supposed to benefit her employer, partakes serious
misconduct. It was not merely a violation of company policy, but of the law itself,
and put the employer at risk of being made legally liable. The dismissal in this case
is warranted. An employer cannot be compelled to retain in its employ someone
whose services is inimical to its interests. (Llamas vs. Ocean Gateway, G.R. No.
179293, August 14, 2009.)
b) A ticket freight clerk was dismissed for dishonesty for charging to his VISA credit
card some plane tickets in spite of the cash payment made by passengers. The
dismissal was for a just cause. (PAL vs. NLRC, G.R. No. 117038. September 25, 1997.)
c) The case involved toll guards assigned at the North Luzon Tollway, Bulacan
interchange, who were caught accepting bribe in the form of cash and a dog from a
motorist who was suspected of illegally transporting dogs. The dismissal was
upheld as for just cause. Bribery constitutes serious misconduct. (Phil. National
Construction vs. NLRC, G.R. No. 128345, May 18, 1999.)
In Permex, Inc. vs. NLRC, G.R. No. 125031, January 24, 2000, the Court held that
where a violation of company policy or breach of company rules and regulations
was found to have been tolerated by management, then the same could not serve as
a basis for termination.
3. Gross and habitual neglect of duties. Gross negligence has been defined as the
want or absence of or failure to exercise slight care or diligence, or the entire
absence of care. It evinces a thoughtless disregard of consequences without exerting
any effort to avoid them.
Habitual absenteeism and tardiness constitute gross and habitual neglect of duty.
Repeated acts of absences without leave and frequent tardiness reflect indifferent
attitude to and lack of motivation in his work. (Valiao vs. CA, G.R. No. 146621, July
30, 2004.)
4. Fraud or willful breach of trust / Loss of confidence. Fraud is any act, omission,
or concealment which involves a breach of legal duty, trust, or confidence justly
reposed and is injurious to another.
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5. Commission of a crime or offense. Commission of a crime or offense by the
employee against his employer or any immediate member of his family or his duly
authorized representative, is a just cause for termination of employment.
6. Analogous causes. Other causes analogous to the above grounds may also be a just
cause for termination of employment.
No Separation Pay
An employee who is terminated from employment for a just cause is not entitled to
payment of separation benefits.
As maybe broadly defined, authorized causes for dismissal of employee refer to those
lawful grounds for termination which in general do not arise from fault or negligence of the
employee. “Authorized causes” are distinguished from “just causes” under Article 288 in
that the latter are always based on acts attributable to the employee’s own fault or
negligence.
The authorized causes for termination of employee are enumerated under Article 289 and
290 of the Labor Code, as follows:
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2. Redundancy. Redundancy exists where the services of an employee are in excess of
what is reasonably demanded by the actual requirements of the enterprise. A
position is redundant where it superfluous, and superfluity of a position or positions
may be the outcome of a number of factors, such as over hiring of workers,
decreased of volume business, or dropping of a particular product line or service
activity previously manufactured or undertaken by the enterprise.
5. Disease. An employer may terminate the services of an employee who has been
found to be suffering from any disease and whose continued employment is
prohibited by law or is prejudicial to his health as well as the health of his co-
employees.
2. HOURS OF WORK
Normal working hours of 8 hours a day
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Article 83. Normal hours of work. The normal hours of work of any employee shall
not exceed eight in a day.
Meal and rest period: meal break of less than one hour and
short rest periods shall be considered compensable working
time.
Article 85. Meal periods. Subject to such regulations as the Secretary of Labor
and Employment may prescribe, it shall be the duty of every employer to give
his employees not less than sixty minutes time-off for their regular meals.
Article 91. Right to weekly rest day. (a) 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 consecutive hours after every six consecutive normal work days.
(b) The employer shall determine and schedule the weekly rest day of his employees,
subject to collective agreement and to such rules and regulations as the Secretary of Labor
and Employment may provide. However, the employer shall respect the preference of
employees as to their weekly rest day when such preference is based on religious grounds.
Note: The provisions under the Labor Code regarding the working conditions (HOURS OF
WORK, WEEKLY REST PERIODS, HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE
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CHARGES) apply to employees in all establishments and undertakings whether for profit or
not, subject to certain exceptions.
Art. 82. Coverage. The provisions of this Title shall apply to employees in all
establishments and undertakings whether for profit or not, but not to 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, and workers who are paid by results as determined by the Secretary of Labor in
appropriate regulations.xxx
Article 94. Right to holiday pay. (a) Every worker shall be paid his regular daily wage during
regular holidays, except in retail and service establishment regularly employing less than
ten workers;
(b) The employer may require an employee to work on any holiday but such employee
shall be paid a compensation equivalent to twice his regular rate;
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Article 87. Overtime work. Work may be performed beyond eight hours
a day provided that the employee is paid for the overtime work an
additional compensation equivalent to his regular wage plus at least
twenty-five percent thereof. Work performed beyond eight hours on a
holiday or rest day shall be paid an additional compensation equivalent
to the rate for the first eight hours on a holiday or rest day plus at least
30 percent thereof.
Article 86. Night shift differential. Every employee shall be paid a night shift
differential of not less than ten percent of his regular wage for each hour of
work performed between ten o'clock in the evening and six o'clock in the
morning.
Article 95. Right to service incentive leave. (a) Every employee who has rendered at least
one year of service shall be entitled to a yearly service incentive leave of five days with pay.
(b) This provision shall not apply to those who are already enjoying the benefit herein
provided, those enjoying vacation leave with pay at least five days and those employed in
establishments regularly employing less than ten employees or in establishments
exempted from granting this benefit by the Secretary of Labor after considering the
viability or financial condition of such establishment.
Article 96. Service charges. All service charges collected by hotels, restaurants
and similar establishments shall be distributed at the rate of 85 percent for
all covered employees and 15 percent for management. The share of the
employees shall be equally distributed among them. In case the service
charge is abolished, the share of the covered employees shall be integrated
into their wages.
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13th month pay: 1/12 of the total basic salary earned within the
calendar year. PD No. 851 otherwise known as Thirteenth Month
Pay Law, as amended by Memorandum Order No. 28, requires all
employers to pay their employees a 13th month pay not later than
December 24 of every year.
Applicable also to Kasambahays/househelps under
the new kasambahay law
1. A woman who gives birth as a result of rape and other crimes against chastity even
without a final conviction of the offender, provided that mother keeps and raises the
child.
2. Parent left solo or alone with the responsibility of parenthood due to the following
circumstances:
d. Legal separation or de facto separation from spouse for at least one (1) year,
as long as he/she is entrusted with the custody of the children.
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e. Declaration of nullity or annulment of marriage as decreed by a court or by a
church as long as he/she is entrusted with the custody of the children.
4. Any other person who solely provides parental care and support to a child or
children.
5. Any family member who assumes the responsibility of head of family as a result of
the death, abandonment, disappearance or prolonged absence of the parents or solo
parent.
Battered woman leave- paid leave up to ten days under RA 9262 (Anti-
Violence Against Women and their Children Act) in addition to other paid
leaves (A requirement to apply for the battered woman leave is a certification
obtained from the Barangay Captain or Kagawad or prosecutor or the clerk of
court that an action based on R. A. 9262 has been filed and is pending. The use
of the ten-day leave is at the option of the woman employee. It shall be used for
the days that she needs to attend to medical and legal concerns.
Separation pay: one month pay or ½ month pay for every year of service,
whichever is higher, for authorized causes of separation
Retirement pay: 22.5 days salary for every year of service for optional
retirement at 60 under RA 7641 or under applicable agreement or for
compulsory retirement at age 65
If the establishment has a Collective Bargaining Agreement or
employment contract providing for a retirement plan or benefits to
employees, the employee shall be entitled to receive the benefits as
provided in the said CBA or contract. However, such benefits must not
be less than that provided under the Labor Code.
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Separation pay should not be confused with retirement pay. Separation pay is the
amount due to the employee where the cessation of employment is due to causes
authorized by law (or for any of the other causes stated above). Retirement pay, on
the other hand, is the amount to be paid to the employee who has reached the
compulsory retirement age or who availed of voluntary retirement.
5. 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
kilometer radius to a bank
Payment shall be made directly to the employees
Wages shall be given not less than once every two weeks or twice within a
month at intervals not exceeding 16 days
Preference of workers’ money claims over government and other creditors in
case of bankruptcy or liquidation of business
The principle of non-diminution of benefits states that: “any benefit and supplement being
enjoyed by employees cannot be reduced, diminished, discontinued or eliminated by the
employer.”
This principle is founded on the Constitutional mandate to “protect the rights of workers
and promote their welfare,” and “to afford labor full protection.” Said mandate in turn is the
basis of Article 4 of the Labor Code which states that “all doubts in the implementation and
interpretation of this Code, including its implementing rules and regulations shall be
rendered in favor of labor.”
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Common application
Requirements
The application of the principle presupposes that a company practice, policy and tradition
favorable to the employees has been clearly established; and that the payments made by
the company pursuant to it have ripened into benefits enjoyed by them.
With regard to the length of time the company practice should have been exercised to
constitute voluntary employer practice which cannot be unilaterally withdrawn by the
employer, the Court has not laid down any rule requiring a specific minimum number of
years.
1. In the case of Davao Fruits Corporation vs Associated Labor Unions (G.R. No. 85073,
August 24, 1993), the company practice lasted for six years.
2. In Davao Integrated Port Stevedoring Services vs. Abarquez (G.R. No. 102132, March
19, 1993), the employer, for three years and nine months, approved the
commutation to cash of the unenjoyed portion of the sick leave with pay benefits of
its Intermittent workers.
3. In Tiangco vs Leogardo, Jr. (G.R. No. L-57636, May 16, 1983), the employer carried
on the practice of giving a fixed monthly emergency allowance from November 1976
to February 1980, or three years and four months.
4. In the case of Sevilla Trading Company vs Semana, ibid., the employer kept the
practice of including non-basic benefits such as paid leaves for unused sick leave
and vacation in the computation of their 13th-month pay for at least two (2) years.
In all these cases, the grant of benefits has been held to have ripened into company practice
or policy which cannot be peremptorily withdrawn.
7. EMPLOYMENT OF WOMEN
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Welfare facilities at the workplace such as seats, separate toilet rooms,
lavatories, 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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BASIC RIGHTS OF WORKERS (Summary)
1. SECURITY OF TENURE
Workers cannot be dismissed without just and authorized causes and due
process.
Workers shall be made regular after 6 months probation.
2. HOURS OF WORK
Normal working hours of 8 hours a day
Meal and rest period: meal break of less than one hour and short rest periods
shall be considered compensable working time.
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Paternity leave: 7 days with full pay to attend to needs of legal wife
before/during/after delivery
Solo parent’s leave- parental leave of seven (7) days shall be granted to any
Solo Parent employee under RA 8972 (Solo Parents’ Welfare Act)
Battered woman leave- paid leave up to ten days under RA 9262 (Anti-
Violence Against Women and their Children Act) in addition to other paid
leaves Two months special leave with pay (Magna Carta of Women)
Separation pay: Minimum of ½ month pay for every year of service for
authorized causes of separation
Retirement pay: 22.5 days salary for every year of service for optional
retirement at 60 under RA 7641 or under applicable agreement or for
compulsory retirement at age 65
For underground mine employees, optional retirement at 50 under RA 7641
as amended by RA 8558; compulsory at 60
5. 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
kilometer radius to a bank
Payment shall be made directly to the employees
Wages shall be given not less than once every two weeks or twice within a
month at intervals not exceeding 16 days
Preference of workers’ money claims over government and other creditors in
case of bankruptcy or liquidation of business
7. EMPLOYMENT OF WOMEN
Welfare facilities at the workplace such as seats, separate toilet rooms,
lavatories, 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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Minimum employable age is 15 years. A worker below 15 should be directly
under the sole responsibility of parents/guardians; work does not interfere
with child’s schooling/normal development; with work permit from DOLE
No person below 18 can be employed in a hazardous or deleterious
undertaking
14. FREE ACCESS TO THE COURTS AND QUASI-JUDICIAL BODIES AND SPEEDY
DISPOSITION OF THEIR CASES
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