Foreign nationals who wish to work in the Philippines must obtain a work permit, which is a legal document that grants them the ability to work and earn money in the country. This article will provide an overview of the types of work permits available in the Philippines, the requirements for obtaining a work permit, the application process, and the renewal process.

Work Permits in the Philippines

There are three types of work permits that foreign nationals can apply for in the Philippines: Alien Employment Permit (AEP), Special Work Permit (SWP), and Provisional Work Permit (PWP).

The Alien Employment Permit (AEP) is the most common type of work permit in the Philippines. It is issued by the Department of Labor and Employment (DOLE) and is valid for one year. The AEP is required for foreigners who will work in the Philippines for more than six months.

The Special Work Permit (SWP) is issued by the Bureau of Immigration (BI) and is valid for three months. It is issued to foreigners who will work in the Philippines for less than six months.

The Provisional Work Permit (PWP) is issued to foreigners who are waiting for their AEP to be processed. It is valid for three months and can be extended for another three months if necessary.

Requirements for Obtaining a Work Permit

Foreign nationals seeking a work permit in the Philippines must fulfill specific requirements, including possession of a valid passport, visa, medical clearance, and police clearance. Some of the common requirements include a valid passport, visa, medical clearance, and police clearance. You may also need to provide a copy of your employment contract and pay a processing fee.

The requirements for obtaining a work permit may vary depending on the type of permit you are applying for. For example, to obtain an AEP, you may need to provide additional documentation such as your tax identification number and certificate of registration with the Bureau of Internal Revenue.

Application Process for Obtaining a Work Permit

To apply for a work permit in the Philippines, you will need to submit your application to the appropriate government agency. For the AEP, you will need to submit your application to the DOLE, while for the SWP and PWP, you will need to submit your application to the BI.

When submitting your application, make sure to include all the required documents and pay the processing fee. Once your application is received, it will be reviewed by the appropriate agency. The processing time for work permit applications in the Philippines may vary depending on the type of permit you are applying for and the workload of the government agency. Generally, it can take anywhere from a few days to a few weeks to process a work permit application.

Renewal of Work Permits in the Philippines

Work permits in the Philippines are usually valid for one year, after which they will need to be renewed. To renew your work permit, you will need to submit a new application and meet the same requirements as when you applied for your initial work permit.

It is important to note that you should begin the renewal process well before your current work permit expires. This will ensure that you have enough time to gather all the required documents and submit your application before your current permit expires.

Conclusion

In conclusion, working in the Philippines as a foreigner can be a rewarding experience, but it does require some extra effort and paperwork. By following the steps outlined in this article, you'll be well on your way to obtaining a work permit and starting your new job. Remember to be patient and persistent, and don't hesitate to seek out advice and assistance from local resources. With the right attitude and preparation, you can make your work experience in the Philippines a success.

In the Philippines, anti-discrimination laws are designed to protect individuals from discrimination based on various characteristics such as race, religion, age, gender, disability, marital status, sexual orientation, and other protected characteristics. These laws aim to promote equality, diversity, and inclusion in the workplace and beyond, and provide legal remedies for those who have experienced discrimination. In this blog, we will delve into the anti-discrimination laws in the Philippines, their scope, and their significance in fostering a discrimination-free society.

Anti-Discrimination Laws in the Workplace

The Philippine Labor Code, as amended, prohibits discrimination in various aspects of employment, including hiring, promotion, compensation, training, and other terms and conditions of employment. This law mandates that employers provide equal opportunities to all employees regardless of their protected characteristics, promoting a fair and inclusive workplace. Additionally, the Magna Carta of Women, a comprehensive women's rights law, prohibits discrimination against women in the workplace and promotes gender equality in employment, emphasizing the importance of gender diversity and inclusion in the workforce.

Furthermore, the Republic Act No. 7277, also known as the Magna Carta for Disabled Persons, prohibits discrimination against persons with disabilities in employment, education, transportation, and other areas of public life. This law highlights the need to create an inclusive environment that supports the rights and welfare of persons with disabilities. Additionally, the Solo Parents' Welfare Act protects solo parents from discrimination in the workplace and provides for benefits and privileges to support their welfare, recognizing the challenges faced by solo parents and the need to safeguard their rights in the workplace.

Anti-Discrimination Laws Beyond the Workplace

Apart from the workplace, the Philippine Constitution and various laws provide protection against discrimination in other areas of society. These laws emphasize the importance of equality and non-discrimination in all aspects of life. For instance, individuals are protected from discrimination in housing, education, public services, and access to public facilities, among others. Additionally, the Philippines has passed several laws to protect individuals from discrimination based on their sexual orientation, gender identity, and expression. The Anti-Sexual Harassment Act, the Anti-Violence Against Women and Their Children Act, and the Anti-Trafficking in Persons Act include provisions that protect individuals from discrimination and violence based on their gender identity, sexual orientation, or expression, recognizing the importance of promoting diversity and inclusion regardless of gender identity or sexual orientation.

Remedies for Discrimination

In case of discrimination, individuals in the Philippines have the right to file complaints with the appropriate government agencies, such as the Department of Labor and Employment, the Commission on Human Rights, or the Philippine Commission on Women, among others. These agencies are tasked with investigating complaints, mediating disputes, and enforcing anti-discrimination laws, providing legal remedies and protection for those who have experienced discrimination. These remedies are essential in upholding the rights of individuals and ensuring that discrimination is not tolerated in any aspect of society.

Challenges and Efforts in Implementation

Despite the existence of anti-discrimination laws in the Philippines, challenges still remain in terms of enforcement and raising awareness about these laws. Some of the challenges include lack of awareness and understanding of the laws, cultural biases, and gaps in enforcement mechanisms. Efforts are ongoing to strengthen the implementation of anti-discrimination laws and promote a more inclusive and equitable society in the Philippines. These efforts include advocacy, education, and collaboration among government agencies, civil society organizations, and other stakeholders to raise awareness, enhance enforcement mechanisms, and promote a culture of diversity and inclusion.

Conclusion

In conclusion, anti-discrimination laws in the Philippines play a crucial role in protecting individuals from discrimination based on various characteristics and promoting equality, diversity, and inclusion in the workplace and beyond. These laws provide legal remedies for those who have experienced discrimination and aim to create a more inclusive and equitable society. However, challenges in enforcement and awareness persist, and ongoing efforts are needed to strengthen the implementation of these laws.

As individuals, it is our responsibility to be aware of our rights under anti-discrimination laws and to stand up against discrimination whenever we encounter it. Employers and organizations should also take proactive measures to promote diversity and inclusion in the workplace, create policies that prohibit discrimination, provide training on diversity and inclusion, and establish channels for reporting and addressing discrimination complaints.

In conclusion, promoting a discrimination-free society requires collective efforts from individuals, organizations, and the government. By upholding anti-discrimination laws, raising awareness, and fostering a culture of diversity and inclusion, we can create a more equitable and inclusive society where everyone is treated with dignity and respect, regardless of their protected characteristics. Let us work together towards a society where discrimination is not tolerated, and everyone has equal opportunities to thrive. It is time to take action and support anti-discrimination laws in the workplace and beyond. Together, we can build a more inclusive and equitable Philippines for all.

 

The Philippines is among the countries with a strong legal framework that supports the employment of persons with disabilities (PWDs) in the workplace. The country has ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which outlines the rights and protections of PWDs, including their right to work and equal treatment in the workplace. One of the main laws that govern the employment of PWDs in the Philippines is the Magna Carta for Persons with Disabilities (Republic Act No. 7277). This law provides for the creation of job opportunities and promotion of employment of PWDs, including the provision of reasonable accommodations in the workplace. In this blog, we will discuss the Philippine Disability Law, its provisions, and the benefits and incentives it provides for PWDs and their employers.

The Magna Carta for Persons with Disabilities

The Magna Carta for Persons with Disabilities is the main law that governs the employment of PWDs in the Philippines. This law provides for the creation of job opportunities and promotion of employment of PWDs, including the provision of reasonable accommodations in the workplace. One of the key provisions of this law is the requirement for employers to reserve at least 1% of their workforce for PWDs. They are also prohibited from discriminating against PWDs in hiring, promotion, and other employment-related decisions. Employers are also required to provide reasonable accommodations to enable PWDs to perform their job functions, such as installing wheelchair ramps, providing sign language interpreters, and modifying work schedules.

Benefits and Incentives

PWDs who are employed in the private sector are entitled to the same benefits as non-PWD employees, including health and social security benefits. They are also entitled to the same pay, allowances, and other benefits, as long as they can perform their job functions with reasonable accommodations. The law also provides incentives for employers who hire PWDs, such as tax incentives and other forms of support. The government also provides training programs and other services to help PWDs develop the skills and qualifications necessary to succeed in the workplace.

Best Practices for Employers

Employers are encouraged to adopt inclusive policies and practices that will enable PWDs to thrive in their jobs. By doing so, they create an environment that values diversity and promotes equal treatment for all employees. Employers can provide reasonable accommodations to enable PWDs to perform their job functions. These accommodations can include but are not limited to, installing wheelchair ramps, providing sign language interpreters, modifying work schedules, and creating an accessible workspace.

Having a diverse and inclusive workplace has many benefits. Studies have shown that a diverse workplace is more innovative, creative, and productive. Employees with different perspectives bring fresh ideas and solutions to the table. In addition, a diverse workforce can help companies better understand their customers and provide better products and services.

Conclusion

The Philippine disability law emphasizes the importance of promoting the employment of PWDs and ensuring their equal treatment in the workplace. Employers are encouraged to adopt inclusive policies and practices that will enable PWDs to thrive in their jobs, and the government is committed to providing the necessary support to make this possible. By providing reasonable accommodations and creating an accessible workspace, employers can enable PWDs to perform their job functions effectively. In conclusion, let us continue to work towards creating a workplace that values diversity and promotes equal treatment for all employees.

Achieving a balance between work and personal life is essential for overall well-being and productivity. With the increasing demands of work and life, it is becoming more challenging to maintain a balance between the two. However, striking the right balance is crucial to prevent burnout and promote a healthy work culture.

The Labor Code of the Philippines is the primary law governing labor practices and employment in the country. It sets out the standards for working hours, overtime pay, rest periods, and other aspects of employment that ensure the protection of workers' rights.

The standard working hours for private sector employees are eight (8) hours per day and 48 hours per week, while for government employees, it is eight (8) hours per day and 40 hours per week. In this blog, we will discuss the importance of balancing work and life, particularly in the context of the Labor Code of the Philippines.

Standard Working Hours and Overtime Pay

Private sector employees are required to work for eight hours per day, from Monday to Friday. For those who work on Saturdays and Sundays, their working hours should not exceed eight hours per day.

Government sector employees have the same standard working hours as those in the private sector.

Overtime pay for working beyond the standard working hours If an employee works for more than eight hours in a day or 48 hours in a week (for private sector employees), they are entitled to overtime pay. The overtime pay is at least 25% more than the regular hourly rate for work done beyond the regular eight hours of work in a day.

Overtime pay is calculated by multiplying the regular hourly rate by the number of hours worked in excess of eight hours. The product is then multiplied by 1.25.

Rest Periods and Meal Breaks

Rest periods and meal breaks are essential for employees to recharge and maintain their productivity levels. They are provided to employees to ensure that they have enough time to rest and eat during their working hours.

Length of rest periods and meal breaks

Employees are entitled to a one-hour lunch break and two 15-minute breaks for every eight-hour workday. If the employee's workday exceeds eight hours, an additional 15-minute break should be provided.

Importance of rest periods and meal breaks

Rest periods and meal breaks are crucial for maintaining employee health and productivity. They help employees stay focused and energized, leading to better work output and improved overall well-being.

Industries with Different Working Hours

There are certain industries that require employees to work extended hours beyond the standard working hours set by the Labor Code of the Philippines. These industries include healthcare, transportation, media, and other essential services. The nature of these industries requires employers to comply with the regulations set by the Department of Labor and Employment (DOLE) to ensure the safety and well-being of their employees.

Compliance with regulations set by DOLE

Employers in these industries must comply with the regulations set by DOLE regarding working hours, overtime pay, rest periods, and meal breaks. They must provide their employees with appropriate benefits to ensure their safety and well-being while on the job.

Importance of safety and well-being in industries with different working hours

The safety and well-being of employees in industries with different working hours are of utmost importance. Employers must ensure that their employees have sufficient rest periods and meal breaks, as well as appropriate compensation for working beyond the standard working hours. Failure to comply with these regulations can lead to burnout, accidents, and other negative consequences.

Prioritizing Work-Life Balance

Work-life balance is essential for maintaining a healthy and fulfilling life. It allows individuals to prioritize their personal life and well-being while still being productive in their work. Employers who prioritize work-life balance can attract and retain talented employees, while employees who prioritize work-life balance can achieve a better quality of life.

Responsibilities of employers in promoting work-life balance

Employers have a responsibility to promote work-life balance by complying with labor laws, providing appropriate benefits, and encouraging employees to prioritize their personal life and well-being. This can include flexible work arrangements, wellness programs, and other initiatives that support work-life balance.

Responsibilities of employees in promoting work-life balance

Employees also have a responsibility to prioritize their personal life and well-being by setting boundaries, managing their time effectively, and taking care of themselves physically and mentally. This can lead to increased productivity, job satisfaction, and overall well-being.

Benefits of work-life balance for both employers and employees

Prioritizing work-life balance can benefit both employers and employees. Employers can improve employee retention and productivity, while employees can achieve a better quality of life and reduce the risk of burnout and other negative consequences of overwork.

Conclusion

This blog post highlighted the importance of balancing work and life and the labor laws in the Philippines that regulate working hours, overtime pay, rest periods, and meal breaks. It also discussed the industries with different working hours and the responsibilities of both employers and employees in promoting work-life balance.

Achieving a balance between work and life is essential for maintaining a healthy and fulfilling life. It is important for both employers and employees to prioritize work-life balance and comply with labor laws in the Philippines to ensure the safety and well-being of employees.

Employers and employees must work together to prioritize work-life balance and comply with labor laws in the Philippines. Employers must provide appropriate benefits and encourage their employees to prioritize their personal life and well-being, while employees must take responsibility for their well-being and set boundaries to achieve a better quality of life.

In the Philippines, maternity and paternity leave are essential rights that provide employees with the opportunity to take time off from work to attend to family matters related to childbirth and childcare. These leave policies are regulated by laws and regulations, which aim to ensure that employees can balance their work and family responsibilities effectively. In this blog, we will delve into the details of maternity and paternity leave in the Philippines, including coverage, duration, benefits, eligibility, and other important information.

Maternity Leave in the Philippines

Maternity leave is a crucial benefit provided to female employees in the Philippines to support them during pregnancy and childbirth. Here are the key details of maternity leave:

Coverage

Female employees who are pregnant, regardless of their civil status, are entitled to maternity leave. This includes regular employees, probationary employees, project-based employees, and other types of employment.

Duration

Female employees are entitled to a maternity leave of 105 days for a normal delivery and 120 days for a cesarean section (C-section) delivery. This can be extended for another 30 days without pay upon the employee's request, subject to approval by the employer.

Benefits

During maternity leave, female employees are entitled to receive full pay, which is equivalent to 100% of their average daily salary, for the duration of their leave. This benefit is paid by the Social Security System (SSS) or the employer, depending on the circumstances. The SSS provides the benefit for employees who have paid at least three monthly contributions within the 12-month period before the semester of childbirth. For those who are not eligible for SSS benefits, the employer is required to provide the maternity benefit.

Eligibility

Female employees must have paid at least three monthly contributions to the SSS within the 12-month period before the semester of childbirth to qualify for maternity leave benefits. It is important for employees to ensure their SSS contributions are up-to-date to be eligible for maternity leave benefits.

Paternity Leave in the Philippines

Paternity leave is a valuable benefit that allows male employees to support their spouses during the childbirth process. Here are the key details of paternity leave:

Coverage

Male employees who are legally married to a female employee who gave birth are entitled to paternity leave.

Duration

Male employees are entitled to a paternity leave of seven (7) days, which can be taken consecutively or separately, within the first four (4) weeks after childbirth. However, it is subject to the agreement between the employer and the employee.

Benefits

During paternity leave, male employees are not entitled to receive full pay. However, they may use their available leave credits, such as vacation or sick leaves, or negotiate with their employer for compensation during their absence. The compensation and other arrangements during paternity leave should be mutually agreed upon by the employer and the employee.

Eligibility

Male employees must be legally married to the female employee who gave birth and must have informed their employer of the pregnancy and the intention to avail of paternity leave. Proper communication with the employer is crucial to avail of paternity leave benefits.

Additional Notes

In addition to the coverage, duration, benefits, and eligibility requirements of maternity and paternity leave, here are some important additional notes to consider:

Notification

To avail of maternity or paternity leave, employees must notify their employer in writing at least 30 days before the intended date of leave or as soon as practicable. Failure to notify may result in forfeiture of the leave. It is important for employees to communicate their plans and intentions to avail of the leave to their employer in a timely manner.

Non-discrimination

Employers are prohibited from discriminating against employees who avail of maternity or paternity leave. Employers cannot terminate, demote, or discriminate against employees in any way for taking maternity or paternity leave. It is important for employees to be aware of their rights and report any instances of discrimination to the appropriate authorities.

Documentation

Employees availing of maternity or paternity leave must provide their employer with the necessary documents, such as medical certificates, to support their leave request. It is important to keep all relevant documentation organized and readily available to ensure a smooth process when applying for and availing of maternity or paternity leave.

Flexible Work Arrangements

After availing of maternity or paternity leave, employees have the right to request for flexible work arrangements, such as reduced working hours, telecommuting, or job sharing, to help them balance their work and family responsibilities. Employers are required to consider and discuss these requests in good faith and explore possibilities for accommodating the needs of the employee.

Employer Obligations

Employers are obligated to comply with the laws and regulations related to maternity and paternity leave in the Philippines. This includes providing the necessary benefits, respecting the employee's right to avail of maternity or paternity leave, and maintaining the confidentiality of the employee's pregnancy or childbirth-related information.

Conclusion

Maternity and paternity leave are important rights that aim to support employees in balancing their work and family responsibilities during pregnancy and childbirth. Female employees are entitled to maternity leave of 105 days for normal delivery and 120 days for a C-section delivery, while male employees are entitled to paternity leave of seven days. It is important for employees to be aware of their rights, eligibility requirements, and the process for availing of maternity and paternity leave. Employers are also obligated to comply with the laws and regulations related to maternity and paternity leave and provide the necessary support to their employees. By understanding and exercising their rights, employees can ensure a smooth and supportive transition into parenthood.

 

An employee who has been cited for violating the code of conduct will be placed under preventive suspension while the investigation is ongoing. One question raised is if the suspended employee will still receive his/her salary during the suspension. Preventive suspension temporarily removes an employee who has violated company rules from his or her position. An employer has the right to suspend an employee while the incident is still being investigated. This is in accordance with the Omnibus Rules Implementing the Labor Code of the Philippines. 

Section 8. Preventive suspension. The employer may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.

Section 9. Period of suspension. No preventive suspension shall last longer than thirty (30) days. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker. In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decides, after completion of the hearing, to dismiss the worker.

Under the rule, the maximum period of preventive suspension is 30 days. The employee must be reinstated to his former position, but if the employer does not want to reinstate the employee, they can choose to extend the suspension period provided the employer agrees to pay the wages and other benefits during the entire period of extension. 

It must also be noted that a suspended employee is not entitled to payment of wages. However, the validity of the suspension must also be taken into account. In case the suspension has been perceived to be illegal or invalid, the employee will still be entitled to payment of wages during the entire duration of the illegal suspension. 

The illegal dismissal of an employee is one of the most common labor cases filed in the Philippines. Termination of employment should undergo due process. The processes include notice of dismissal, which requires employers to furnish a written notice stating grounds for the employees' dismissal. The employee will be given a chance to answer the allegations within a reasonable period. Once the employer receives the answer from the employee, the employer may provide an opportunity to the employee to defend themselves. After the hearing, the notice of decision will be released stating reasons for the dismissal. The notice of decision will be in writing. The final step will be the submission of the  report on dismissal to the regional office. 

Just Causes For The Dismissal Of An Employee

As stated under 282 of the Labor Code, an employer has the right to terminate an employment for the following reasons:

(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

(b) Gross and habitual neglect by the employee of his duties;

(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

(d) 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

(e) Other causes analogous to the foregoing.

Aside from the aforementioned causes, employment may also be terminated due to  "installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year."

Dismissed employees are not entitled to separation pay if the cause for dismissal falls under any of the five circumstances stated under Article 282. However, if termination of employment was due to the installation of labor-saving devices or redundancy, the employee shall be entitled to a separation pay. 

A certificate of employment (COE) is proof of previous employment. Whether you have resigned or have been terminated, you are still entitled to certificates of employment. Some companies require applicants to secure a COE as part of the pre-employment process.  Under Section 10, Rule 14, Book 5 of the Labor Code, dismissed workers are entitled to request or receive a certificate from his/her employer. The certificate shall specify the dates of the employee's engagement and termination, types of work on which he/she was employed. You need to be cleared by the company before you can request for a COE.  Aside from refusal to provide COE to dismissed workers, DOLE will also entertain complaints on unfair labor practices:

UNFAIR LABOR PRACTICES OF EMPLOYERS

Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:

1. To interfere with, restrain or coerce employees in the exercise of their right to self-organization;
2. To require as a condition of employment that a person or an employee shall not join a labor organization or shall withdraw from one to which he belongs;
3. To contract out services or functions being performed by union members when such will interfere with, restrain or coerce employees in the exercise of their rights to self-organization;
4. To initiate, dominate, assist or otherwise interfere with the formation or administration of any labor organization, including the giving of financial or other support to it or its organizers or supporters;
5. To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of the collective bargaining agreement. Employees of an appropriate bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such non-union members accept the benefits under the collective bargaining agreement: Provided, that the individual authorization required under Article 242, paragraph (o) of this Code shall not apply to the non-members of the recognized collective bargaining agent;
6. To dismiss, discharge or otherwise prejudice or discriminate against an employee for having given or being about to give testimony under this Code;
7. To violate the duty to bargain collectively as prescribed by this Code;
8. To pay negotiation or attorney’s fees to the union or its officers or agents as part of the settlement of any issue in collective bargaining or any other dispute; or
9. To violate a collective bargaining agreement.

The provisions of the preceding paragraph notwithstanding, only the officers and agents of corporations, associations or partnerships who have actually participated in, authorized or ratified unfair labor practices shall be held criminally liable. (As amended by Batas Pambansa Bilang 130, August 21, 1981)

Both employers and employees must be aware of prohibitions regarding wages including the time and form of payment. Many salary disputes happen because the law on minimum wage rates are not properly discussed. Everything you need to know about wage rates is explained on the Labor Code of the Philippines. 

MINIMUM WAGE RATES

Art. 99. Regional minimum wages. The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. (As amended by Section 3, Republic Act No. 6727, June 9, 1989).

Art. 100. Prohibition against elimination or diminution of benefits. Nothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of this Code.

Art. 101. Payment by results.

The Secretary of Labor and Employment shall regulate the payment of wages by results, including pakyao, piecework, and other non-time work, in order to ensure the payment of fair and reasonable wage rates, preferably through time and motion studies or in consultation with representatives of workers’ and employers’ organizations.

PAYMENT OF WAGES

Art. 102. 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.

Art. 103. 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. If on account of force majeure or circumstances beyond the employer’s control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.

The payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award:

That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed;

That final settlement is made upon completion of the work.

Art. 104. Place of payment. Payment of wages shall be made at or near the place of undertaking, except as otherwise provided by such regulations as the Secretary of Labor and Employment may prescribe under conditions to ensure greater protection of wages.

Art. 105. 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. The claimants, if they are all of age, shall execute an affidavit attesting to their relationship to the deceased and the fact that they are his heirs, to the exclusion of all other persons. If any of the heirs is a minor, the affidavit shall be executed on his behalf by his natural guardian or next-of-kin. The affidavit shall be presented to the employer who shall make payment through the Secretary of Labor and Employment or his representative. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. The payment of wages under this Article shall absolve the employer of any further liability with respect to the amount paid.

Art. 106. Contractor or subcontractor. Whenever an employer enters into a contract with another person for the performance of the former’s work, the employees of the contractor and of the latter’s subcontractor, if any, shall be paid in accordance with the provisions of this Code.

In the event that the contractor or subcontractor fails to pay the wages of his employees in accordance with this Code, the employer shall be jointly and severally liable with his contractor or subcontractor to such employees to the extent of the work performed under the contract, in the same manner and extent that he is liable to employees directly employed by him.

The Secretary of Labor and Employment may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of workers established under this Code. In so prohibiting or restricting, he may make appropriate distinctions between labor-only contracting and job contracting as well as differentiations within these types of contracting and determine who among the parties involved shall be considered the employer for purposes of this Code, to prevent any violation or circumvention of any provision of this Code.

There is "labor-only" contracting where the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer. In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to the workers in the same manner and extent as if the latter were directly employed by him.

Art. 107. Indirect employer. The provisions of the immediately preceding article shall likewise apply to any person, partnership, association or corporation which, not being an employer, contracts with an independent contractor for the performance of any work, task, job or project.

Art. 108. Posting of bond. An employer or indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due the employees should the contractor or subcontractor, as the case may be, fail to pay the same.

Art. 109. Solidary liability. The provisions of existing laws to the contrary notwithstanding, every employer or indirect employer shall be held responsible with his contractor or subcontractor for any violation of any provision of this Code. For purposes of determining the extent of their civil liability under this Chapter, they shall be considered as direct employers.

Art. 110. Worker preference in case of bankruptcy. In the event of bankruptcy or liquidation of an employer’s business, his workers shall enjoy first preference as regards their wages and other monetary claims, any provisions of law to the contrary notwithstanding. Such unpaid wages and monetary claims shall be paid in full before claims of the government and other creditors may be paid. (As amended by Section 1, Republic Act No. 6715, March 21, 1989)

Art. 111. Attorney’s fees.

In cases of unlawful withholding of wages, the culpable party may be assessed attorney’s fees equivalent to ten percent of the amount of wages recovered.

It shall be unlawful for any person to demand or accept, in any judicial or administrative proceedings for the recovery of wages, attorney’s fees which exceed ten percent of the amount of wages recovered.

PROHIBITIONS REGARDING WAGES

Art. 112. Non-interference in disposal of wages. No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities or other property from any other person, or otherwise make use of any store or services of such employer or any other person.

Art. 113. Wage deduction. 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.

Art. 114. Deposits for loss or damage. No employer shall require his worker to make deposits from which deductions shall be made for the reimbursement of loss of or damage to tools, materials, or equipment supplied by the employer, except when the employer is engaged in such trades, occupations or business where the practice of making deductions or requiring deposits is a recognized one, or is necessary or desirable as determined by the Secretary of Labor and Employment in appropriate rules and regulations.

Art. 115. Limitations. No deduction from the deposits of an employee for the actual amount of the loss or damage shall be made unless the employee has been heard thereon, and his responsibility has been clearly shown.

Art. 116. Withholding of wages and kickbacks prohibited. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker’s consent.

Art. 117. Deduction to ensure employment. It shall be unlawful to make any deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment.

Art. 118. Retaliatory measures. It shall be unlawful for an employer to refuse to pay or reduce the wages and benefits, discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under this Title or has testified or is about to testify in such proceedings.

Art. 119. False reporting. It shall be unlawful for any person to make any statement, report, or record filed or kept pursuant to the provisions of this Code knowing such statement, report or record to be false in any material respect.

Domestic workers or also referred to as "kasambahay" are very common in a Filipino household. They take care of chores, run errands and look after children when both parents are working. This is why it is only imperative that they get social benefits as no amount of money can repay their dedication, commitment and kindness. The Republic Act of 10361 protects the welfare of domestic workers. Entitlement to social benefits is one of the terms and conditions that the employer should fulfill when hiring domestic workers according to this law. 

EMPLOYMENT – TERMS AND CONDITIONS

SEC. 19. Health and Safety. – The employer shall safeguard the health and safety of the domestic worker in accordance with laws, rules and regulations, with due consideration of the peculiar nature of domestic work.

SEC. 20. Daily Rest Period. – The domestic worker shall be entitled to an aggregate daily rest period of eight (8) hours per day.

SEC. 21. Weekly Rest Period. – The domestic worker shall be entitled to at least twenty-four (24) consecutive hours of rest in a week. The employer and the domestic worker shall agree in writing on the schedule of the weekly rest day of the domestic worker: Provided, That the employer shall respect the preference of the domestic worker as to the weekly rest day when such preference is based on religious grounds. Nothing in this provision shall deprive the domestic worker and the employer from agreeing to the following:

(a) Offsetting a day of absence with a particular rest day;

(b) Waiving a particular rest day in return for an equivalent daily rate of pay;

(c) Accumulating rest days not exceeding five (5) days; or

(d) Other similar arrangements.

SEC. 22. Assignment to Nonhousehold Work. – No domestic worker shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage rate lower than that provided for agricultural or nonagricultural workers. In such cases, the domestic worker shall be paid the applicable minimum wage.

SEC. 23. Extent of Duty. – The domestic worker and the employer may mutually agree for the former to temporarily perform a task that is outside the latter’s household for the benefit of another household. However, any liability that will be incurred by the domestic worker on account of such arrangement shall be borne by the original employer. In addition, such work performed outside the household shall entitle the domestic worker to an additional payment of not less than the existing minimum wage rate of a domestic worker. It shall be unlawful for the original employer to charge any amount from the said household where the service of the domestic worker was temporarily performed.

SEC 24. Minimum Wage. – The minimum wage of domestic workers shall not be less than the following:

(a) Two thousand five hundred pesos (P2,500.00) a month for those employed in the National Capital Region (NCR);

(b) Two thousand pesos (P2,000.00) a month for those employed in chartered cities and first class municipalities; and

(c) One thousand five hundred pesos (P1,500.00) a month for those employed in other municipalities.

After one (1) year from the effectivity of this Act, and periodically thereafter, the Regional Tripartite and Productivity Wage Boards (RTPWBs) shall review, and if proper, determine and adjust the minimum wage rates of domestic workers.

SEC 25. Payment of Wages. – Payment of wages shall be made on time directly to the domestic worker to whom they are due in cash at least once a month. The employer, unless allowed by the domestic worker through a written consent, shall make no deductions from the wages other than that which is mandated by law. No employer shall pay the wages of a domestic worker by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than the cash wage as provided for under this Act.

The domestic worker is entitled to a thirteenth month pay as provided for by law.

SEC. 26. Pay Slip. – The employer shall at all times provide the domestic worker with a copy of the pay slip containing the amount paid in cash every pay day, and indicating all deductions made, if any. The copies of the pay slip shall be kept by the employer for a period of three (3) years.

SEC. 27. Prohibition on Interference in the Disposal of Wages. – It shall be unlawful for the employer to interfere with the freedom of any domestic worker to dispose of the latter’s wages. The employer shall not force, compel or oblige the domestic worker to purchase merchandise, commodities or other properties from the employer or from any other person, or otherwise make use of any store or services of such employer or any other person.

SEC 28. Prohibition Against Withholding of Wages. – It shall be unlawful for an employer, directly or indirectly, to withhold the wages of the domestic worker. If the domestic worker leaves without any justifiable reason, any unpaid salary for a period not exceeding fifteen (15) days shall be forfeited. Likewise, the employer shall not induce the domestic worker to give up any part of the wages by force, stealth, intimidation, threat or by any other means whatsoever.

SEC. 29. Leave Benefits. – A domestic worker who has rendered at least one (1) year of service shall be entitled to an annual service incentive leave of five (5) days with pay: Provided, That any unused portion of said annual leave shall not be cumulative or carried over to the succeeding years. Unused leaves shall not be convertible to cash.

SEC. 30. Social and Other Benefits. – A domestic worker who has rendered at least one (1) month of service shall be covered by the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund or Pag-IBIG, and shall be entitled to all the benefits in accordance with the pertinent provisions provided by law.

Premium payments or contributions shall be shouldered by the employer. However, if the domestic worker is receiving a wage of Five thousand pesos (P5,000.00) and above per month, the domestic worker shall pay the proportionate share in the premium payments or contributions, as provided by law.

The domestic worker shall be entitled to all other benefits under existing laws.

SEC. 31. Rescue and Rehabilitation of Abused Domestic Workers. – Any abused or exploited domestic worker shall be immediately rescued by a municipal or city social welfare officer or a social welfare officer from the Department of Social Welfare and Development (DSWD) in coordination with the concerned barangay officials. The DSWD and the DILG shall develop a standard operating procedure for the rescue and rehabilitation of abused domestic workers, and in coordination with the DOLE, for possible subsequent job placement.

In a country where increasing unemployment rate continues to be one of the issues that the government is trying to address, people struggle to put food on their plate by securing a regular full-time job. Unfortunately, not everyone can guarantee a job that pays the bills and provides food for the family. Due to labor laws, some workers are employed for a short period of time only. Even if you are only a project-based employee, it is imperative that you are aware of the different causes of termination of employment. 

Termination of Employment

Art. 279. Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)

Art. 280. Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, 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 where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That 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.

Art. 281. Probationary employment. 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.

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
4. 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
5. Other causes analogous to the foregoing.

Art. 283. Closure of establishment and reduction of personnel. The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

Art. 284. Disease as ground for termination. 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 to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

Art. 285. Termination by employee.

1. An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

2. An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes: 

1. Serious insult by the employer or his representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
3. 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; and
4. Other causes analogous to any of the foregoing.

Art. 286. When employment not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.

Most workers work for 5 to 6 days a week or 8 hours a day as required by the Labor Code of the Philippines.

Art. 83. 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 one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. For purposes of this Article, "health personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

Art. 84. Hours worked. Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work.

This has been a common practice, but a new bill aims to compress the work week from 6 days to 4 days. However, with the compressed work week, this will require employees to work more than 8 hours a day. There are mixed reactions regarding this proposition. To some, it is a good idea considering the fact that longer rest days allow you to spend some quality time with your family. To others, this is a disadvantage because compressed work week means longer hours at work. 

House Bill 5068 is waiting for 2nd and 3rd readings. Once the bill passes it will be enacted into a law. 

Accidents can happen in the workplace. These accidents can cause a personal injury, which may cause an employee to rest for a few days or months until they are capable of nursing themselves back to health. If such employment caused personal injury or illness, is the employer going to pay compensation to the employee? There are many questions that linger in an employee's mind as some workers are not properly compensated. Act. No. 3428 prescribes the compensation, which will be received by employees for illness, personal injuries and even death if these are contracted in the performance of the workers' duties.

Sec. 2. Grounds for Compensation. — When any employee receives a personal injury from any accident due to and in the pursuance of the employment, or contracts any illness directly caused by such employment or the result of the nature of such employment, his employer shall pay compensation in the sums and to the persons hereinafter specified.

Sec. 3. Applicable to Government. — This Act shall also be applicable to the employees and laborers of the Insular Government and of the governments of the provinces, municipalities and all other political subdivisions of the Philippine Islands, employed in the industrial concerns of the Government and in public works.

Sec. 4. Injuries not Covered. — Compensation shall not be allowed for injuries caused (1) by the voluntary intent of the employee to inflict such injury upon himself or another person; (2) by drunkenness on the part of the laborer who had the accident; (3) by notorious negligence of the same.

Sec. 5. Exclusive Right to Compensation. — The right and remedies granted by this Act to an employee by reason of a personal injury entitling him to compensation shall exclude all other rights and remedies accruing to the employee, his personal representatives, dependents or nearest of kin against the employer under the Civil Code and other laws, because of said injury.

Employers contracting laborers in the Philippine Islands for work outside the same may stipulate with such laborers that the remedies prescribed by this Act shall apply exclusively to injuries received outside the Islands through accidents happening in and during the performance of the duties of the employment; and all service contracts made in the manner prescribed in this section shall be presumed to include such agreement.

Sec. 6. Liability of Third Parties. — In case an employee suffers an injury for which compensation is due under this Act by any other person besides his employer, it shall be optional with such injured employee either to claim compensation from his employer, under this Act, or sue such other person for damages, in accordance with law; and in case compensation is claimed and allowed in accordance with this Act, the employer who paid such compensation or was found liable to pay the same, shall succeed the injured employee to the right of recovering from such person what he paid: Provided, That in case the employer recovers from such third person damages in excess of those paid or allowed under this Act, such excess shall be delivered to the injured employee or any other person entitled thereto, after deduction of the expenses of the employer and the cost of the proceedings. The sum paid by the employer for compensation or the amount of compensation to which the employee or his dependents are entitled, shall not be admissible as evidence in any damage suit or action.

Sec. 7. Contract Prohibited. — Any contract, regulation, or device of any sort intended to exempt the employer from all or part of the liability created by this Act shall be null and void.

Sec. 8. Death Benefit. — If the injury received by the employee causes his death within six months from the date of such injury, the employer shall pay the compensation to the persons entitled thereto, and in case there should be none, he shall pay to the person representing the deceased employee the burial expenses, not to exceed one hundred pesos, and shall also pay to or for the following persons, in the order of priority and during the periods hereinafter set forth, a weekly compensation equivalent to the following percentages of the average weekly wages of the employee, as determined in section nineteen of this Act:

(a) To the dependent widow or widower, in case there are no dependent children, forty-five per centum.

(b) To the dependent widow or widower in case there are one or two dependent children, fifty per centum, and if there are three or more dependent children, sixty per centum.

(c) If there is no dependent widow or widower, but a dependent child or children, such child or children shall be paid thirty per centum, with ten per centum additional for each child in excess of two, up to a maximum of fifty per centum, which shall be distributed in equal shares among the children if there be more than one.

(d) If there are no dependent widow, widower, or children, but there is a dependent father or mother, forty per centum to the father or mother if totally dependent, or twenty-five per centum if partly dependent, and if both parents are dependent, each shall be paid one-half of such compensation. If there is no parent, but dependent grandparents, the same compensation shall be paid as to a father or mother.

(e) If there are no dependent widow, widower, child, parents, or grandparent, but there is a dependent grandchild, brother or sister, or two or more such, then twenty-five per centum shall be paid for one dependent and five per centum additional for each additional dependent, up to a maximum of forty per centum, which shall be distributed share and share alike among the dependents if there be more than one.

When several persons are entitled to compensation and there is disagreement concerning the share of the compensation each should receive, the Bureau of Labor shall act as referee and designate the share to be allotted to each dependent; but if the good offices of said Bureau do not meet with the approval of all parties concerned, the courts shall be competent to settle the matter in case an action is brought, and the employer may turn the money over to the court subject to disposal by the same. In case the laborer or employee who had the accident dies and there is no surviving spouse and the dependents or some of them are minors and have no guardian appointed by a court, the employer or concern compelled to pay compensation under this Act shall deposit the money represented by such compensation with the local justice of the peace court if outside the City of Manila, and with the municipal court in said city, and the officers thereof shall order payment to the minors through the municipal treasurer and the city treasurer, as the case may be, without necessity of appointing a guardian. 

Sec. 9. Dependents of the Injured Person. — The following persons, and no others, shall be considered as dependents and entitled to compensation under the provisions of this Act:

A son or daughter, if under eighteen years of age or incapable of supporting him or herself, and unmarried, whether actually dependent on the deceased or not;

The widow, only if she was living with the deceased or was actually dependent upon him, totally or partly;

The widower, only if incapable of supporting himself and actually dependent, totally or partly, upon the deceased on the date of the accident;

A parent of grandparent, only if totally or partly dependent upon the deceased;

A grandchild or brother or sister, only if less than eighteen years of age or incapable of supporting him or herself, and totally dependent upon the deceased. The relation of dependency must exist at the time of the injury.

A foreigner shall not be considered as a dependent within the meaning of this Act if he is not at the time a resident of the Philippine Islands, and any dependent foreigner leaving the Islands shall automatically forfeit all right to any benefit under this Act.

Sec. 10. Periods of Compensation. — The compensation provided for by this Act shall be payable during the following periods:

To a widow, until her death or remarriage; but in no case for more than two hundred and eight weeks;

To a widower, during his incapacity; but in no case for more than two hundred and eight weeks;

To a son or daughter, until he or she has completed eighteen years of age; but in case a son is unable to support himself and is not married, while such incapacity lasts, but in no case for more than two hundred and eight weeks in all;

To a parent or grandparent during the continuance of their actual condition of dependency; but in no case for more than two hundred and eight weeks;

To a grandchild, brother, or sister, during their condition of dependency, as defined in section nine hereof; but in no case for more than two hundred and eight weeks;

Upon the expiration of the compensation under this section to any person, to compensation payable to the remaining persons entitled to compensation because the entire period during which they must be paid compensation has not expired, shall be that which such persons would receive if they alone had been entitled to compensation at the time the deceased died. 

Being terminated from employment is one of the most unfortunate events that can happen in an employee's life. Termination may be inevitable especially if the company decides to cut labor cost by means of reducing the number of workers. However, termination also becomes a choice when employees neglect their duties, causing them to fall short of the employer's standard and expectations. Here are different grounds for termination: 

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; 
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
4. 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
5. Other causes analogous to the foregoing.

Art. 283. Closure of establishment and reduction of personnel. The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

Art. 284. Disease as ground for termination. 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 to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

Art. 285. Termination by employee.

An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages. 

An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes: 

1. Serious insult by the employer or his representative on the honor and person of the employee; 
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
3. 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; and
4. Other causes analogous to any of the foregoing.

Art. 286. When employment not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.

If you have been employed as a probationary employee, you should be aware that your employment is only for a given period of time unless you have met the conditions set forth by your employer. You will need to undergo evaluation to determine if you are deemed fit for permanent employment. Most companies place employees on probationary appointment to observe the employee's competence, skills and attitude. It is only referred to as probationary because it describes the period of employment.

Article 281 of the Labor Code defines probationary employment as:

ART. 281. Probationary Employment. – 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. 

Grounds For Terminating A Probationary Employee

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; 

2. Gross and habitual neglect by the employee of his duties;

3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

4. 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

5. Other causes analogous to the foregoing.

Art. 285. Termination by employee.

1. An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

2. An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes: 

1. Serious insult by the employer or his representative on the honor and person of the employee;

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

3. 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; and

4. Other causes analogous to any of the foregoing.

A company needs employees to operate the business. Before getting hired by an employer, it is important for every employee to determine the type of employment they have. This is because conflicts may arise when an employer decides to go in a different direction. 

Types of Employees

1. Regular Employees-these employees refer to those who are hired for the business activities deemed necessary in the employer's usual business. They are the ones who enjoy tenure security as it is guaranteed by the Constitution. A regular employee cannot simply be terminated unless due to Just and Authorized causes according to the law. 

2. Probationary Employee-workers will not be automatically regularized once hired as they will be placed on probationary status for 6 months. After the probationary period, the employee's performance will be evaluated if they are qualified for regularization. 

3. Term Employees-this type of employee also refers to fixed-term employee because their services are needed for a specific period only. 

4. Project Employees-an employee hired for a specific project is considered as a project employee. Before an employee can be hired as a project employee, the company must specify the length and scope of the work. 

5. Seasonal Employees-workers who are hired for business activities which require additional manpower and are temporarily laid off during off season are called casual employees. 

6. Casual Employees-this type of employee is hired for business activities which are deemed incidental to the business. 

ART. 280. Regular and Casual Employment.— The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, 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 where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That, 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 actually exists.

The foregoing contemplates four (4) kinds of employees: (a) regular employees or those who have been “engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer”; (b)  project employees or those “whose employment has been fixed for a specific project or undertaking[,] the completion or termination of which has been determined at the time of the engagement of the employee”; (c)   seasonal employees or those who work or perform services which are seasonal in nature, and the employment is for the duration of the season; and (d) casual employees or those who are not regular, project, or seasonal employees. Jurisprudence has added a fifth kind— a fixed-term employee.

Before you become officially employed, you need to sign an employment contract that binds you into an agreement. Signing a contract means that you will follow company policies and agree to the terms and conditions. Your probationary period is one of the provisions in the contract. But, what if you noticed that the probationary period is more than six months? Will you still consider your employment just and legal?

According to Article 281 of the Labor Code, "probationary employment shall not exceed six months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period."

Also, an employee who continues to work for the same company after the probationary period will be considered a regular employee. As a rule of thumb, the period of probation should only be limited to six months.

However, there are still some exceptions to the rule. This is when probationary employment is covered by an apprenticeship agreement, which in theory requires a longer period. Apprenticeship refers to an employment wherein the situation that an employee is engaged in is apprenticeable.

SECTION 6. Probationary employment.

(a) Where the work for which an employee has been engaged is learnable or apprenticeable in accordance with the standards prescribed by the Department of Labor, the probationary employment period of the employee shall be limited to the authorized learnership or apprenticeship period, whichever is applicable.

(b) Where the work is neither learnable nor apprenticeable, the probationary employment period shall not exceed six (6) months reckoned from the date the employee actually started working.

(c) The services of an employee who has been engaged on probationary basis may be terminated only for a just cause or when authorized by existing laws, or when he fails to qualify as a regular employee in accordance with reasonable standards prescribed by the employer.

(d) In all cases involving employees engaged on probationary basis, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement.

As a solo parent, you are required to juggle multiple responsibilities that sometimes, your own needs have to take a backseat.

You become a solo parent when you assume responsibility of the head of the family due to abandonment, death or disappearance.  While it can be difficult to wear many hats, you know for a fact that you and your siblings need to survive. Is a solo parent entitled to labor benefits?

Republic Act No. 8972  or Solo Parents' Welfare Act of 2000

Section 4. Criteria for Support. – Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance: Provided, however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.

Section 5. Comprehensive Package of Social Development and Welfare Services. – A comprehensive package of social development and welfare services for solo parents and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local government units and a nongovernmental organization with proven track record in providing services for solo parents.

The DSWD shall coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for solo parents and their families. The package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital or job placement.

(b) Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment.

Section 6. Flexible Work Schedule. – The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.

Section 7. Work Discrimination. – No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.

Section 8. Parental Leave. – In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

Section 9. Educational Benefits. – The DECS, CHED and TESDA shall provide the following benefits and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this program.

Section 10. Housing Benefits. – Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the NEDA.

Section 11. Medical Assistance. – The DOH shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the DOH through their retained hospitals and medical centers and the local government units (LGUs) through their provincial/district/city/municipal hospitals and rural health units (RHUs).

The policies of your company will determine the release of the last paycheck for resigning employees.

Employees who are planning to resign are often required to give at least a thirty-day notice to the company or employer before the date of the intended resignation. However, there are some cases when the employee's last paycheck is not given despite rendering the services within the required period.

Is it lawful for an employer to hold the release of the employee's last salary?

The answer will greatly depend on the policies of your office.

The common scenario for employees who have an intention to resign is to give thirty-day notice and within that period, they need to render their services while waiting for the resignation's effectivity. There are cases when the salary is immediately given so long as it covers the payroll period. For instance, an employee is receiving his/her salary every 15th and 30th of the month.

The payroll period may vary from company to company. In some cases, the payroll period covered by the salary that falls on the 15th is 26 to 10 while the period for the salary on the 30th is from 11 to 25. If the effectivity of your resignation falls on the 26th, you need to give thirty-day notice. This means that before the 26th you should have already completed the required notice period. Your salary on the 15th may still be received, but it is also possible that the company will not release your salary on the 30th covering the period 11 to 25 for the reason that you need to make sue you are cleared from any accountability.

The contract of employment also binds you and your employer. The contracting parties need to fulfill the obligations stated in the contract provided they do not go against morals, good customs, public order and public policy.

If the contract indicates stipulations as to the manner of release of salary once an employee expresses his/her intent to resign, this obligation must be fulfilled. However, the company's customary practice must be consulted if you have not signed any contract.

It is important that you inquire from your company about their policy. This way, you will be enlightened in the event they do not release your last paycheck. The human resources and accounting departments will be able to answer your concerns regarding your salary.

The reason behind the withholding of the salary is to give the employer the chance to clear the employee from liabilities. Once you comply with company's requirements such as securing a clearance form, there is a possibility that you will still get your salary.

The 13th month pay is one of the things employees look forward to as the holiday season approaches. While most employees still need to wait for a few months to get their 13th month pay, it still pays to be aware of how it is calculated. It is no surprise that there are some employees who are still filing disputes because of receiving the wrong amount of 13th month pay or being taxed for the amount considered to be non-taxable. Here is the basic information on 13th month pay you need to obtain.

Amount and payment of 13th Month Pay

(a)  Minimum of the Amount. — The minimum 13th month pay required by law shall not be less than one-twelfth of the total basic salary earned by an employee within a calendar year. For the year 1987, the computation of the 13th month pay shall include the cost of living allowances (COLA) integrated into the basic salary of a covered employee pursuant to Executive Order 178.

E.O. No. 178 provides, among other things, that the P9.00 of the daily COLA of P17.00 for non-agricultural workers shall be integrated into the basic pay of covered employees effective 1 May 1987, and the remaining P8.00 effective 1 October 1987. For establishments with less than 30 employees and paid-up capital of P500,000 or less, the integration of COLAs shall be as follows: P4.50 effective on 1 May 1987; P4.50 on 1 October 1987; and P8.00 effective 1 January 1988. Thus, in the computation of the 13th month pay for 1987, the COLAs integrated into the basic pay shall be included as of the date of their integration.

Where the total P17.00 daily COLA was integrated effective 1 May 1987 or earlier the inclusion of said COLA as part of the of the basic pay for the purpose of computing the 13th month pay shall be reckoned from the date of actual integration.

The "basic salary" of an employee for the purpose of computing the 13th month pay shall include all remunerations or earning paid by this employer for services rendered but does not include allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night differential and holiday pay, and cost-of-living allowances. However, these salary-related benefits should be included as part of the basic salary in the computation of the 13th month pay if by individual or collective agreement, company practice or policy, the same are treated as part of the basic salary of the employees.

(b)  Time of Payment. — The required 13th month pay shall be paid not later than December 24 of each year. An employer, however, may give to his employees one half (½) of the required 13th month pay before the opening of the regular school year and the other half on before the 24th of December of every year. The frequency of payment of this monetary benefit may be the subject of agreement between the employer and the recognized/collective bargaining agent of the employees.

5.  13th Month Pay for Certain Types of Employees.

(a)  Employees Paid by Results. — Employees who are paid on piece work basis are by law entitled to the 13th month pay.

Employees who are paid a fixed or guaranteed wage plus commission are also entitled to the mandated 13th month pay, based on their total earnings during the calendar year, i.e., on both their fixed or guaranteed wage and commission.

(b)  Those with Multiple Employers. — Government employees working part time in a private enterprise, including private educational institutions, as well as employees working in two or more private firms, whether on full or part time basis, are entitled to the required 13th month pay from all their private employers regardless of their total earnings from each or all their employers.

(c)  Private School Teachers. — Private school teachers, including faculty members of universities and colleges, are entitled to the required 13th month pay, regardless of the number of months they teach or are paid within a year, if they have rendered service for at least one (1) month within a year.

6.  13th Month Pay of Resigned or Separated Employee.

An employee who has resigned or whose services were terminated at any time before the time for payment of the 13th month pay is entitled to this monetary benefit in proportion to the length of time he worked during the year, reckoned from the time he started working during the calendar year up to the time of his resignation or termination from the service. Thus, if he worked only from January up to September his proportionate 13th month pay should be equivalent of 1/12 his total basic salary he earned during that period.

The payment of the 13th month pay may be demanded by the employee upon the cessation of employer-employee relationship. This is consistent with the principle of equity that as the employer can require the employee to clear himself of all liabilities and property accountability, so can the employee demand the payment of all benefits due him upon the termination of the relationship.

7.  Non-inclusion in Regular Wage.

The mandated 13th month pay need not be credited as part of regular wage of employees for purposes of determining overtime and premium pays, fringe benefits insurance fund, Social Security, Medicare and private retirement plans.

8.  Prohibitions against reduction or elimination of benefits.
Nothing herein shall be construed to authorize any employer to eliminate, or diminish in any way, supplements, or other employee benefits or favorable practice being enjoyed by the employee at the time of promulgation of this issuance.