Republic of the Philippines

Department of Labor and Employment

Region XI, Davao del Sur

Labor Education
Seminar

The DEPARTMENT
OF LABOR AND
EMPLOYMENT

The DEPARTMENT OF LABOR

AND EMPLOYMENT

is the government agency tasked with the

formulation and administration of all
policies and programs relative to the
protection, welfare, and advancement of
the Filipino workers, including the
promotion of harmonious relation between
workers and employers.

The DEPARTMENT OF LABOR

AND EMPLOYMENT

MISSION
the DOLE shall promote social justice and
respect for human dignity by ensuring
workers protection and welfare, promoting
employment and manpower development,
maintaining industrial peace, and enhancing
workers participation in policy making

PROGRAMS AND
PROJECTS

 PROGRAMS AND PROJECTS

Support for employment generation
(Promotion of Employment and Manpower Development)

Employment Facilitation (Promotion of

Employment and Manpower Development)

Employment Preservation (maintenance of

Industrial Peace)

Employment Enhancement (Workers Protection

and Welfare)

A. Labor
Relations
Speaker:
Mr. Vicente O. Mascardo
Senior Labor and Employment
Officer

B. Basic Workers
Rights
Speaker:

Mr Leopoldo R. Ner
Provincial Labor Officer
DOLE-Davao del Sur

A. LABOR RELATIONS
STATUS OF EMPLOYMENT

REGULAR EMPLOYMENT

- an employment shall be deemed to be

regular where the employee has been
engaged to perform activities which are
necessary or desirable in the usual
business or trade of the employee.
(Art. 280 Labor Code)

CASUAL EMPLOYMENT

employment is casual when it is

irregular, unpredictable, sporadic and
brief in nature and outside the usual
business of the employer.(Caro vs.
Rilloza, 102 Phil. 70)

CASUAL EMPLOYMENT

the work is purely casual when it is not

a part of the business in which the
employee is engaged. (Mansal vs.
Gocheco Lumber Co., Phil. 945)

CASUAL EMPLOYMENT
employment is casual where and when
it is not permanent nor periodically
regular, but occasional or by chance,
and not the usual course of the
employers trade or business. (Joco vs.
Aguilar, 55 O.G. 1946)

PROJECT EMPLOYEE

are those employed in connection with

a particular construction project or
phase thereof and whose employment
is co-terminous with each project or
phase of the project to which they are
assigned.

NON-PPROJECT EMPLOYEE

are those employed without reference

to any particular construction project or
phase of a project.

DISMISSAL OF PROBATIONARY
EMPLOYEE

terminated on two (2) grounds: (a) for

just cause or (b) when he fails to qualify
as a regular employee in accordance
with the reasonable standards made
known by the employer to the employee
at the time of his engagement.
(Philippine Manpower Services, Inc. vs.
NLRC, 224 SCRA 691)

DISMISSAL OF PROBATIONARY
EMPLOYEE
Probationary employment shall not exceed six (6)
months, Employee, however, may be dismissed for
cause even at any time before the expiration of the 6
months. The provision of Art. 280 that probationary
employment shall not exceed six (6) months means
that the probationary employee may be dismissed for
cause at any time before the expiration of six months
after hiring. If after working for less than six months, he
is found to be unfit for the job, he can be dismissed. X x
x. (Meralco vs NLRC and Ramon L. Meris, G.R. No.
83751, Sept. 29, 1989)

DISMISSAL OF PROBATIONARY
EMPLOYEE

Two requisites must concur to constitute a

valid dismissal from employment:
1. The dismissal must be for any of the causes
expressed in Art. 282 of the Labor Code; and
2. The employee must be given an opportunity to be
heard and to defend himself. (Gaudencio Mapalo
vs NLRC, et al., G.R. No.107940, June 17, 1994,233
SCRA 266, J. Vitug)

The law mandates that an employer must

furnish the worker sought to be dismissed
with 2 written notices:
due notice which apprices the
employee of the particular acts or
omissions by reason of which his
dismissal is sought;
the notice after due hearing which
informs the employee of the
employers decision to dismiss him
(Id.)

2-Notice Rule
The twin requirements of notice and hearing constitute
essential elements of due process on cases of employees
dismissal: the requirement of notice is intended to inform the
employee concerned of the employers intent to dismiss and
the reason for the proposed dismissal; on the other hand, the
requirement of hearing affords the employee an opportunity to
answer his employers charges against him and accordingly
to defend himself therefrom before dismissal is effected.
Neither of this two requirements can be dispensed without
running afoul on the due process requirement of the 1989
Constitution. (Central Textile Mills, Inc. vs. NLRC 161 SCRA
528)

WAIVERS/QUIT CLAIMS
Waivers are not generally binding on the
employee unless the waiver is couched in clear
unequivocal terms which leaves no doubt as to
the intention of the person to give up a right or
benefit which legally pertains him. (Greenhills
Air-conditioning and Services, Inc. et al, vs.
NLRC and Lorenzo Abellano, G.R. No. 112850,
June 27, 1995)

The fact that the respondents

employees signed quitclaims will not
bar them from pursuing their claims
against the company executed by
laborers are frowned upon as
contrary to public policy and are
ineffective to bar claims for the full
measure of the workers legal rights.
(Philippine National Construction
Corp. vs. NLRC, 215 SCRA 204)

Not all waivers and quitclaims are

invalid as against public policy. If the
agreement was voluntary entered into and
represents a reasonable settlement, it is
binding on the parties and may not later be
disowned simply because of change of
mind It is only when there is clear proof
that the waiver was wangled from
unsuspecting or gullible person, or the
terms of settlement are unconscionable on
its face, that the law will step in to annul
the questionable transaction.

RIGHT TO CONDUCT
BUSINESS
An employer does not only have the
right to employ whom he pleases but also
the right to manage, control, and use his
property and conduct his in any manner
satisfactory to himself. (Coeur D Alene
Consol, etc. Co. vs. Miners Union, 51 F.
260, 19LRA 382)

RIGHT TO PRESCRIBE
RULES
Employers have the right to make
reasonable rules and regulations for the
government of their employees, with the
knowledge of an established rule, enter the
service, the rule becomes part of the
contract of employment. (31 Am. Jur., Sec.
12, p. 389, Lagatic vs. NLRC, G.R. No.
121004, January 28, 1998)

RIGHT TO SELECT EMPLOYEES

An employer has the right to select
his employees and to decide when to
engage them. He has a right under
the law to full freedom in employing
any person free to accept
employment from him, and this,
except as restricted by valid statute or
valid contract, at wage and under
conditions agreeable to them.

On the other hand, he may

refuse to employ whomever he
may wish, irrespective of his
motive, and on the other hand, he
has the right to prescribe the
terms upon which he will consent
to the relationship, and to have
them fairly understood and
expressed in advance.

The state has no right to interfere

in a private employment and
stipulate the terms of the
services to be rendered; it cannot
interfere with liberty of contract
with respect to labor except in
the exercise of the police power.
(31 Am. Jur., Sec. 9, p. 387)

RIGHT OT TRANSFER OR
DISCHARGE EMPLOYEES
An employer has the perfect right to transfer,
reduce or lay-off personnel in order to minimize
expenses and to ensure the stability of the business,
and even to close the business, and this right has
been consistently upheld even in the present era of
multifarious reforms in the relationship of capital and
labor, provided the transfer or dismissal is not
abused but is done in good faith and is due to
causes beyond control. To hold otherwise would be
oppressive and inhuman. (Gregorio Araneta
Employees Union cs. Roldan, G.R. No. L-6846, July
20, 1995)
Thank you

B. WORKERS
BASIC RIGHTS

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 for
less than one hour and short rest
periods shall be considered
compensable work time.

3. 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.

4. WAGE AND WAGE RELATED

BENEFITS

Minimum wage and COLA in the region. Wage Order No.

11- effective Feb. 05, 2005: Wage Order No. 12: P15.00
effective July 02, 2005.
Holiday Pay: One day pay for every regular holiday even
if unworked subject to certain conditions.
Premium pay for work within 8 hours on a:

Special or rest day: plus 30% of basic daily rate (bdr)

Rest day falling on a special day: plus 50% of bdr

Rest day falling on a regular holiday: plus 30% of 200%

bdr

Overtime pay for work in excess of 8 hours on

Ordinary days: plus 25% of basic hourly rate

Special day rest days and holidays: plus 30% of the regular
hourly rate on said days

Night Shift differential pay: plus 10% of the

basic/regular rate for work between 10:00 P.M.
6:00 A.M.
Service incentive leave: 5 days with pay per year for
service commutable to its money equivalent if
unused at the end of the year.
Service charges: 85% for distribution to rank and file
employees, 15% for losses, breakages, or
distribution to managerial employees (applicable
only in establishments collecting service charges)
13th month pay: 1/12 of the total basic salary earned
within the calendar year

Paternity leave: 7 days with full pay to

attend to the needs of legal wife
before/during/after delivery but not later
than 60 days after the date of delivery

Separation Pay: Minimum of 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 years old
under RA 7641 or under applicable agreement or
for compulsory retirement at age 65
For underground mine employees, optional
retirement at 50 years old under RA 7641 as
amended by RA 8558; compulsory at 60 years
old

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 the establishments
with 25 or more employees and within 1 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
Labor-only contracting is prohibited and the
person/contractor is considered merely as an agent of the
employer

6. EMPLOYMENT OF WOMEN
Nightwork prohibition unless allowed by these
Rules:

In industrial undertakings from 10:00 MN to 6:00 AM

In commercial/non-industrial undertakings from 12:00
MN to 6:00 AM
In agricultural undertakings at night time unless given
not less than 9 consecutive hours of rest

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

7. EMPLOYMENT OF YOUNG WORKERS

Minimum employable age is 15 years old. A

worker below 15 should be directly under the
sole responsibility of parents or guardians; work
does not interfere with childs schooling/normal
development; with work permit from DOLE
No person below 18 can be employed in a
hazardous or deleterious undertaking

8. SAFE AND HEALTHFUL

CONDITIONS OF WORK AND
WELFARE SERVICES
Proper illumination and ventilation, fire exits
and extinguishers, occupational health personnel
and services, family welfare/family planning
services at the workplace, etc.

9. SELF-ORGANIZATION AND
COLLECTIVE BARGAINING
10. LABOR EDUCATION THRU
SEMINARS, DIALOGS AND
INFORMATION, EDUCATION
AND COMMUNICATION
MATERIALS

11. PEACEFUL CONCERTED

ACTIVITIES IN ACCORDANCE
WITH LAW
12. PARTICIPATION IN
POLICY AND DECISIONMAKING PROCESSES
AFFECTING THEIR RIGHTS
AND BENEFITS

13. FREE ACCESS TO THE

COURTS AND QUASI-JUDICIAL
BODIES AND SPEEDY
DISPOSITION OF THEIR CASES

14. ECC BENEFITS FOR

WORK-RELATED
CONTINGENCIES
Medical benefits for
sickness/injuries
Disability benefits
Rehabilitation benefits
Death and funeral benefits
Pension benefits

15. SSS BENEFITS

Maternity, sickness, disability,
retirement, death and pension benefits

For more information, please visit or call:

DEPARTMENT OF LABOR & EMPLOYMENT

Labor Standards Enforcement Division
3/F R&T Yap Bldg., Bangoy St., Davao City
Tel No. 227-46-83