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Key Legal Principles

  1. Right to Just and Favorable Work Conditions: The Philippine Constitution (Article XIII, Section 3) guarantees the protection of labor, focusing on workers’ rights to just and humane work conditions, security of tenure, and participation in policy and decision-making processes that affect their interests.
  2. ​Non-diminution of Benefits: This principle, rooted in labor jurisprudence, ensures that benefits already granted to employees cannot be reduced or withdrawn without legal justification.​
  3. Labor Standards as Minimum Standards: Labor laws provide for minimum conditions that employers must follow. These cannot be compromised or waived, even if there is an agreement between employers and employees, unless the modification is to improve the terms in favor of the employee.
  4. Prohibition of Child Labor and Protection of Special Groups: The law provides stringent regulations against the employment of minors and safeguards special groups such as women, persons with disabilities, and solo parents, ensuring that their rights are protected.
  5. Equal Work Opportunities: Labor law emphasizes non-discrimination and equal employment opportunities for all workers, including marginalized groups.

 

Major Areas of Labor Standards

  • Wages and Wage-related Benefits: This includes provisions on minimum wage, overtime pay, holiday pay, and premium pay, ensuring workers receive fair compensation.
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  • Working Hours and Rest Days: Labor standards set the normal work hours, rest periods, and required compensation for work done beyond regular hours or on rest days and holidays.
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  • Occupational Safety and Health (OSH): Employers are mandated to maintain safe and healthy work environments, with stringent requirements for the prevention of work-related injuries and diseases.
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  • Leave Benefits: Workers are entitled to various leave privileges, such as service incentive leave, maternity leave, paternity leave, and solo parent leave, among others.
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  • Termination and Separation: The law provides specific grounds and procedures for the lawful termination of employees and ensures appropriate compensation for employees terminated for authorized causes, like redundancy or business closure.

Under Labor Standards in Philippine labor law, the topics generally focus on the minimum requirements or benefits that employers must comply with concerning their workers. These rules are designed to protect workers' rights and ensure fair treatment in employment. 

1. Hours of Work

  • Regular Working Hours: The standard workday is eight hours.
  • Overtime Pay: Additional compensation for work beyond eight hours.
  • Night Shift Differential: Extra pay for work done between 10:00 PM and 6:00 AM.
  • Rest Periods: Mandatory rest periods during the workday, usually an hour for meals.
  • Rest Days: A mandatory weekly rest day, usually Sundays, unless agreed upon otherwise.

 

2. Wages

  • Minimum Wage Law: The legally mandated minimum wage set by the Regional Tripartite Wages and Productivity Board.
  • Wage Deductions: Regulations on legal wage deductions, e.g., SSS, Pag-IBIG, PhilHealth, taxes.
  • Non-diminution of Benefits: Prohibition against reducing or removing benefits already enjoyed by the employee.
  • Service Charges: Distribution of service charges in certain industries, like hospitality.

 

3. Premium Pay

  • Holiday Pay: Entitlement to pay during legal holidays (both regular and special non-working holidays).
  • Premium Pay for Special Holidays: Additional compensation for work on special non-working holidays.

 

4. Leaves and Benefits

  • Service Incentive Leave (SIL): Five days of paid leave for employees who have worked for at least one year.
  • Maternity Leave: Paid leave for female employees who give birth or suffer a miscarriage.
  • Paternity Leave: Leave benefit for male employees whose spouses have given birth.
  • Solo Parent Leave: Leave entitlement under the Solo Parents’ Welfare Act.
  • Magna Carta for Women Special Leave: For female workers who undergo surgery caused by gynecological disorders.

 

5. Occupational Health and Safety Standards

  • Safe Working Conditions: Employers’ responsibility to provide a safe working environment.
  • Health and Safety Programs: Establishment of company health and safety programs.
  • Medical and Dental Services: Mandatory medical and dental services for employees, depending on the size of the company.

 

6. Employment of Special Groups

  • Child Labor Laws: Prohibition of employment of children below a certain age and regulations on the employment of minors.
  • Employment of Women: Special protection for women workers, including anti-sexual harassment provisions and maternity benefits.
  • Employment of Persons with Disabilities (PWDs): Equal employment opportunities and non-discrimination policies.

 

7. Termination of Employment

  • Just Causes for Termination: Grounds such as misconduct, dishonesty, gross neglect, etc.
  • Authorized Causes: Termination for economic reasons, redundancy, retrenchment, or closure of business.
  • Separation Pay: Mandatory separation pay for employees terminated under authorized causes.

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8. Payment of Wages

  • Time and Manner of Payment: Rules on how often and in what form wages should be paid.
  • Prohibition of Withholding Wages: Restrictions on wage withholding and penalties for non-payment.
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