Phillippines Labor Code ( plan to

resign,terminated, and new employee) August 17,

2008
Posted by auxbreak in Job Tips, Phillippines.
Tags: employee, Phillippine labor code
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Para sa mga gustong mag resign, naterminate sa work, kakahire pa lang or new employee. Read this, baka
makatulong in the future.
Ipaglaban ang karapatan!
Phillippines Labor Code
Under the Labor Code, the following are basic rights of workers:
1. Workers cannot be dismissed without just and authorized causes. Whether an employee is regular or
probationary, he enjoys security of tenure. Under Article 282 of the Labor Code, an employer may
terminate an employment for any of the following causes: 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 representative; and e) other cause analogous to the foregoing. Likewise, Article 283 of the
Labor Code provides the authorized causes for the termination of an employee, to wit: a) automation or
installation of labor-saving device; b) redundancy; c) retrenchment; d) closure of business; e) cessation
of operations of the business; and e) sale of the business in good faith.
2. Workers cannot be dismissed without due process. The requisites of an employees right to due process
are as follows: a) Notice furnished to the employee stating the particular acts or omissions constituting
the grounds for his dismissal; b) Employee must be given an opportunity to answer the allegations stated
against him in the notice of dismissal within a reasonable period from receipt of such notice; c) Employee
is given an ample opportunity to be heard and to defend himself with the assistance of a representative if
he so desires; and d) Employer shall immediately notify the employee in writing of the decision to dismiss
him stating clearly the reasons therefore.
3. Workers right to be a regular employee after the probationary period not exceeding six (6) months. A
probationary employee is one who is on trial during which the employer determines whether or not he is
qualified for permanent employment. Failure to qualify as a regular employee in accordance with the
reasonable standards of the employer is a just cause for terminating a probationary employee. However,
the probationary employment must not exceed six (6) months. Otherwise, the employee becomes regular
by operation of law.
4. Hours of Work. The normal working hours of an employee shall not exceed eight (8) hours a day,
otherwise, employee shall be entitled to an overtime pay.
5. Weekly rest day. An employee is entitled to a day-off of 24 consecutive hours after 6 days of work.
This should be scheduled by the employer upon consultation with the workers.
6. Right to a fair wage and wage-related benefits. The following are considered the monetary benefits
which the employee is entitled:
Minimum wage in the region.
Holiday pay.
Premium pay for work within 8 hours on a special holiday or rest day, rest day falling on a
special holiday, and rest day falling on a regular holiday
Overtime pay for work in excess of 8 hours on ordinary days and special holidays, rest days
and regular holidays.
Night shift differential pay for work between 10 p.m. 6 a.m.
Service incentive leave of five days with pay per year of service
Service charges: 85% for distribution to rank and file employees and 15% for losses,
breakages, or distribution to managerial employees (applicable only in establishments
collecting service charges, i. e. restaurants or hotels)
13th month pay: 1/12 of the total basic salary earned within the calendar year.
Paternity leave: 7 days full pay to attend to the needs of the legal wife before, during and
after delivery.
Separation pay: minimum of month pay for every year of service for authorized causes of
separation.
Retirement pay: 22.5 days salary for every year of service for optional retirement at 60
under RA7641 or under applicable agreements or for compulsory retirement at age 65.

7. Payment of Wages.
Wages shall be paid in cash, legal tender at or near the place of work
Payment shall be made directly to the employees.
Wages shall be given not less than once every two weeks or twice within a month at
intervals not exceeding 16 days.

8. Safe and Healthful Conditions of Work and Welfare Services. This includes proper
illumination and ventilation, fire exits and extinguishers, occupational health personnel and
services, family welfare / family planning services at the workplace, etc.
9. Self-organization and collective bargaining. This includes the right to form associations and be
members of associations which are not contrary to law, morals, public order and public policy.
10. Free access to the courts and quasi-judicial bodies and speedy disposition of their cases. The
Department of Labor and Employment is the government agency tasked in providing the employee with
information on where and how to present the employees grievances and concerns to the proper entity.
11. Employees Compensation Benefits for work-related contingencies. This includes medical benefits for
sickness / injuries, disability benefits, rehabilitation benefits, death and funeral benefits and pension
benefits.
12. SSS Benefits. This includes maternity, sickness, disability, retirement, death and pension benefits.