Labor Law & Social Legislation
Philippine Labor and Social Legislation encompasses laws, regulations, and standards designed to protect and promote the welfare of workers and their families. Rooted in the country's Constitution, particularly Article XIII on Social Justice and Human Rights, this body of law addresses key aspects of employment relationships, such as working conditions, wages, benefits, and social security.
Key laws like the Labor Code of the Philippines (Presidential Decree No. 442) govern many of these standards, ensuring that workers' rights to just wages, safe workplaces, and social protection are upheld. Social legislation, such as laws on social security, healthcare, and employment for persons with disabilities (PWDs), complements labor standards by providing additional safeguards for the workforce.
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This legal framework promotes the balance between workers' rights and employers' prerogatives while fostering industrial peace and productivity.
1. Labor Standards
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Hours of Work: Regular hours, overtime, rest periods, and night shift differentials.
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Wages: Minimum wage law, wage distortions, wage deductions, and wage-related benefits.
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Employee Benefits: Coverage and benefits under the Social Security System (SSS), Pag-IBIG, and PhilHealth.
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Leaves and Holiday Pay: Service incentive leave, maternity and paternity leave, special leave benefits for women, and holidays.
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Conditions of Employment: Employment contracts, security of tenure, and policies governing probationary, regular, and casual employment.
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2. Labor Relations
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Right to Self-Organization: Formation and recognition of labor unions, bargaining units, and workers' associations.
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Collective Bargaining: The process of collective negotiations between employers and employees regarding terms and conditions of employment.
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Strikes and Lockouts: Regulations and procedures governing legal strikes, labor disputes, and employer lockouts.
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Labor Arbitration: Procedures in labor disputes, including the roles of the National Labor Relations Commission (NLRC) and the Department of Labor and Employment (DOLE).
3. Termination of Employment
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Just and Authorized Causes: Grounds for valid termination of employment, including serious misconduct, redundancy, retrenchment, and closure of the business.
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Due Process: The procedural requirements in the termination process, such as notice and hearing.
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Separation Pay: Entitlement to separation pay in cases of authorized causes of dismissal.
4. Social Legislation
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Social Security Laws: Laws on retirement, disability, death benefits, and pension funds under SSS, GSIS (for government workers), and other related programs.
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Employees’ Compensation: Benefits for work-related injuries, illnesses, or death.
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PhilHealth: National health insurance coverage and benefits.
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Pag-IBIG Fund: Housing programs and other related benefits for workers.
5. Special Laws
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Anti-Sexual Harassment Act: Laws governing workplace harassment.
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Migrant Workers Act: Laws protecting Overseas Filipino Workers (OFWs).
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Child Labor Laws: Protections for children against exploitation in the workplace.
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Anti-Age Discrimination in Employment Act: Laws that prohibit age discrimination in employment.