Knowledge

Labor Code of the Philippines

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155: 81:. The prevailing labor code allows the typical working hour to be 8 hours a day, i.e. 48 hours a week with the provision that at least a day should be allowed to the workers as weekly off. The minimum age allowed for employment is considered 15 years in the Philippines, unless the individuals are working under direct supervision of their parents. 550:, "The National Health Insurance Program (NHIP), formerly known as Medicare, is a health insurance program for SSS members and their dependents whereby the healthy subsidize the sick who may find themselves in need of financial assistance when they get hospitalized." Employees of the public and private sector are covered by these benefits. 498:
services is seasonal and the employment is for the duration of the season. The employment is said to be casual if his nature of work has not been covered by the aforementioned sentences. After a year of rendering service, whether continuous or not, an employee shall be deemed regular, as stated by Article 280 of the Philippine Labor Code.
185:, an employer is mandated by law to give his employees thirteenth month pay. The thirteenth month pay required by law should not be less than one twelfth of the total basic salary earned by an employee within a calendar year. The thirteenth month pay is exempted from being taxed by the government. The photo below is from the 493:
Article 279 of the Labor code 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
244:
An employer is required to provide each of his employees a rest period of not less than twenty-four consecutive hours after every six consecutive normal work days, as stated in Article 91 of the Philippine Labor Code. The employer shall determine and schedule the weekly rest day of his employees. He
228:
Article 86 of the Philippine Labor Code explains that the night shift is between ten o'clock in the evening and six o'clock in the morning. A night shift differential is payment of not less than ten percent (10%) of the regular hourly wage of an employee for each hour of work performed during this
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Article 87 of the Philippine Labor Code states that any work that exceeds eight hours is considered overtime work. This is legal provided that the employee is paid for the overtime work. The computation for the wage is his regular wage plus at least twenty-five percent (25%) of his hourly wage. Work
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Article 281 of the Labor Code states that probationary employment should not go over six months unless it is under an apprenticeship agreement stipulating a longer period. An employee who continues to work after the probationary period will be considered a regular employee. A probationary employee
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An employee will be considered a regular employee if he has been able to performs tasks that are necessary in the business or trade of the employer, except when the employee was hired for a specific project and its completion also signifies the employee's termination and if the nature of work or
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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)
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Remunerations or earnings paid by an employer to an employee for service rendered are called wages. Article 99 of the Labor Code of the Philippines stipulates that an employer may go over but never below minimum wage. Paying below the minimum wage is illegal. The Regional Tripartite Wages and
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Article 93 and 94 of the Philippine Labor Code states that a worker shall be paid his regular daily wage during regular holidays whether or not the employee goes to work. The employer can require an employee to work on any holiday, but the employee must be paid an amount double his regular
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states that a pregnant employee who has paid at least three monthly maternity contributions to the Social Security System in the twelve-month period preceding the semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily maternity
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If the holiday falls under the employee's rest day, and he decides to work, his wage for the first eight hours of his work will be doubled. If he works for more than eight hours, then thirty percent (30%) of his hourly rate will be added to his wage for that
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The Labor Code has been amended numerous times since it was first enacted. The most significant amendment was brought about by the passage of Republic Act (R.A.) No. 6175, which was enacted on March 2, 1989, under the administration of President
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benefit equivalent to one hundred percent (100%) of her present basic salary, allowances and other benefits or the cash equivalent of such benefits for sixty for normal delivery a seventy-eight for caesarian delivery.
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If the employee has no regular work days or rest days, and he is required by his employer to work on a Sunday and on a holiday, he shall be paid an additional compensation of at least thirty percent (30%) of his regular
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performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.
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Deprive any woman employee of any of the benefits mentioned above and in Articles 130–136 of the Labor Code or to terminate any woman employee for the purpose of stopping her from enjoying said benefits.
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are also authorized for as long as they comply with the strict requirements under the Code, and workers who organize or participate in illegal strikes may be subject to dismissal. Moreover, Philippine
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The maternity leave can be extended without pay if any illness medically certified are to come as a result of the pregnancy, delivery, abortion, or miscarriage which leaves the woman unfit to work.
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Article 95 of the Philippine Labor Code states that if an employee has given at least one year of service, he shall be entitled to a yearly service incentive leave of five days with pay.
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If an employee works on August 21 (Ninoy Aquino Day), November 1 (All Saints' Day), and/or December 31 (Last Day of the Year) and it falls under his rest day, his wage will be
534:(SSS) provides for a replacement of income lost on account of the aforementioned contingencies." A worker, whether regular or casually employed is entitled to these benefits. 423: 248:
If an employer requires his employee to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage.
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Favoring a male employee over a female employee with regard to promotion, training opportunities, study, scholarship grants based on only their sexes is also illegal.
1017: 728: 615: 591: 412: 186: 530:, "The Social Security Program provides a package of benefits in the event of death, disability, sickness, maternity, and old age. Basically, the 114:
has long applied a rule that any doubts in the interpretation of law, especially the Labor Code, will be resolved in favor of labor and against
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Article 134 of the Labor Code of the Philippines states that a woman cannot be paid a lesser compensation than a man for work of equal value.
415:". Republic Act No. 8187 states that a married male employee is allowed to take 7 days off work with full pay for the first four deliveries. 411:
The paternity leave is not found in the Labor Code. The basis for the paternity leave is Republic Act No. 8187, otherwise known as the "
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must respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.
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Discharge or refuse the admission of such woman from returning to her work for fear that she may again be pregnant.
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The regular holidays according to Executive Order No. 292 as amended by Republic Act No. 9849 are as follows:
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The Labor Code sets the rules for hiring and firing of private employees; the conditions of work including
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Philippines Land Ownership and Agricultural Laws Handbook Volume 1 Strategic Information and Basic Laws
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Productivity Boards is the body that sets the amount for the minimum wage. In the Philippines, the
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except for just or authorized causes as prescribed in Article 282 to 284 of the Code. The right to
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As with the paternity leave, the maternity leave is only valid for the first four deliveries.
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also introduced amendments to strengthen prohibitions against discrimination against women.
778:"Speech of President Ramos at the Labor Day Celebration with the Labor Groups, May 1, 1998" 66: 8: 285:
for excess of eight hours of work – plus thirty percent (30%) of hourly rate on said day
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Terminate a woman because of her pregnancy while on leave or in confinement due to it.
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may be discharged for a just cause or when he fails to qualify as a regular employee.
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excess of eight hours of work – plus thirty percent (30%) of hourly rate on said day
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Subsequent amendments were also introduced under the administration of President
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Taken from Labor Advisory No. 12 Series of 2013: Payment of Thirteenth Month Pay
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for the first eight hours of work – plus fifty percent (50%) of the daily rate
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of a union is expressly recognized, as is the right of a union to insist on a
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Investment in Philippines: Conditions and Outlook for United States Investors
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for first eight hours of work – plus thirty percent (30%) of the daily rate
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in the Philippines. It was enacted through Presidential Decree No. 442 on
359: 329: 170: 126:. R.A. 6715 is also known as the Herrera Law and was authored by Senator 101: 85: 74: 62: 47: 846:"Labor Advisory No. 12 Series of 2013: Payment of Thirteenth Month Pay" 341: 115: 93: 70: 28: 24: 383: 189:, which shows the computation of a hypothetical thirteenth month pay. 84:
The Labor Code contains several provisions which are beneficial to
58: 754:"The Labor Movement: Impact of Herrera law after 28 years, part 2" 704:"The Labor Movement: Impact of Herrera law after 28 years, part 1" 729:"The status of women in the Philippines: a 50-year retrospective" 73:
pay; and the guidelines in the organization and membership in
834:. Sta. Mesa Heights, Quezon City: Rex Printing Company, Inc. 683:"Labor Code of the Philippines | Bureau of Labor Relations" 870:"How to Compute Night Differential Pay in the Philippines" 632:"Hiring Employees in The Philippines | Employment Guide" 467:
Based on Article 137 the employer is not allowed to:
895:"Republic Act 7322 | Philippine Commission on Women" 782:
Official Gazette of the Republic of the Philippines
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Official Gazette of the Republic of the Philippines
923:"Handbook on Workers' Statutory Monetary Benefits" 614:Commerce, United States Bureau of Foreign (1955). 171:minimum wage of a worker depends on where he works 1018:Establishments by Philippine presidential decree 999: 211:Article 83 and 84 of the Philippine Labor Code, 988:Difference between Final pay and Separation pay 661:. Int'l Business Publications USA. June 2015. 149: 751: 726: 701: 484: 983:Employee daily pay rate sample calculation 752:Roxas Mendoza, Psyche (April 30, 2017). 702:Roxas Mendoza, Psyche (April 30, 2017). 613: 153: 829: 825: 823: 821: 819: 817: 727:Ramos Shahani, Lila (October 3, 2012). 1000: 815: 813: 811: 809: 807: 805: 803: 801: 799: 797: 587:"Presidential Decree No. 442, s. 1974" 439: 917: 915: 993:Overtime Pay Rate in the Philippines 144: 794: 267:If an employee works on August 21 ( 46:in the exercise of his then extant 13: 956:Department of Labor and Employment 912: 620:. U.S. Government Printing Office. 187:Department of Labor and Employment 16:Legal code for Filipino labor laws 14: 1029: 945: 978:Holidays in the Philippines 2023 264:Special non-working holiday pay 202: 887: 862: 838: 563:Labor policy in the Philippines 1013:Presidency of Ferdinand Marcos 770: 745: 720: 695: 675: 649: 624: 607: 579: 258: 1: 973:How to compute 13th Month pay 952:Labor Code of the Philippines 573: 21:Labor Code of the Philippines 235: 61:; employee benefits such as 7: 556: 513: 413:Paternity Leave Act of 1996 183:Presidential Decree No. 851 150:Wages and monetary benefits 10: 1034: 485:Employment and termination 830:Azucena, Cesario (2001). 519:Social security benefits 225:Night shift differential 90:termination of employment 503:Probationary employment 400:Service incentive leave 394: 368:– Last Monday of August 275:), and/or December 31 ( 568:Philippine legal codes 532:Social Security System 159: 832:Everyone's Labor Code 548:Republic Act No. 9241 544:Republic Act No. 7875 528:Republic Act No. 8282 524:Republic Act No. 1161 445:Facilities for women 424:Republic Act No. 7322 279:), his wage will be: 208:Normal hours of work 178:Thirteenth month pay 157: 132:Leticia Ramos Shahani 79:collective bargaining 1008:Philippine labor law 961:Labor Code Books 1-7 539:PhilHealth benefits 303:Regular holiday pay 277:Last Day of the year 67:thirteenth-month pay 935:on August 24, 2015. 874:eezi HR and Payroll 490:Security of tenure 440:Employment of women 366:National Heroes Day 966:2010-01-27 at the 858:on March 11, 2016. 336:Araw ng Kagitingan 160: 55:maximum work hours 48:legislative powers 39:, May 1, 1974, by 668:978-1-4387-5976-0 145:Specific features 98:self-organization 94:Private employees 1025: 937: 936: 934: 928:. Archived from 927: 919: 910: 909: 907: 905: 891: 885: 884: 882: 880: 866: 860: 859: 857: 851:. Archived from 850: 842: 836: 835: 827: 792: 791: 789: 788: 774: 768: 767: 765: 764: 749: 743: 742: 740: 739: 724: 718: 717: 715: 714: 699: 693: 692: 690: 689: 679: 673: 672: 653: 647: 646: 644: 643: 628: 622: 621: 611: 605: 604: 602: 600: 583: 546:, as amended by 526:, as amended by 464:Prohibited acts 420:Maternity leave 408:Paternity leave 348:Independence Day 269:Ninoy Aquino Day 241:Weekly rest day 44:Ferdinand Marcos 1033: 1032: 1028: 1027: 1026: 1024: 1023: 1022: 998: 997: 968:Wayback Machine 948: 942: 940: 932: 925: 921: 920: 913: 903: 901: 893: 892: 888: 878: 876: 868: 867: 863: 855: 848: 844: 843: 839: 828: 795: 786: 784: 776: 775: 771: 762: 760: 758:Business Mirror 750: 746: 737: 735: 733:GMA News Online 725: 721: 712: 710: 708:Business Mirror 700: 696: 687: 685: 681: 680: 676: 669: 655: 654: 650: 641: 639: 630: 629: 625: 612: 608: 598: 596: 585: 584: 580: 576: 559: 516: 487: 453:Discrimination 442: 397: 324:Maundy Thursday 273:All Saints' Day 271:), November 1 ( 261: 238: 205: 194:Retirement pay 152: 147: 128:Ernesto Herrera 88:. It prohibits 33:labor relations 17: 12: 11: 5: 1031: 1021: 1020: 1015: 1010: 996: 995: 990: 985: 980: 975: 970: 958: 947: 946:External links 944: 939: 938: 911: 899:www.pcw.gov.ph 886: 861: 837: 793: 769: 744: 719: 694: 674: 667: 648: 623: 606: 577: 575: 572: 571: 570: 565: 558: 555: 554: 553: 552: 551: 537: 536: 535: 515: 512: 511: 510: 509: 508: 501: 500: 499: 495: 486: 483: 482: 481: 480: 479: 478: 477: 474: 471: 462: 461: 460: 457: 451: 450: 449: 441: 438: 437: 436: 435: 434: 431: 428: 418: 417: 416: 406: 405: 404: 396: 393: 392: 391: 390: 389: 388: 387: 381: 375: 369: 363: 362:– Movable Date 357: 356:– Movable Date 351: 345: 339: 333: 332:– Movable Date 327: 326:– Movable Date 321: 318:New Year's Day 312: 308: 301: 300: 299: 298: 297: 294: 288: 287: 286: 283: 260: 257: 256: 255: 254: 253: 249: 246: 237: 234: 233: 232: 231: 230: 223: 222: 221: 216:Overtime work 214: 213: 212: 204: 201: 200: 199: 198: 197: 192: 191: 190: 176: 175: 174: 151: 148: 146: 143: 139:Fidel V. Ramos 124:Corazon Aquino 77:as well as in 31:practices and 15: 9: 6: 4: 3: 2: 1030: 1019: 1016: 1014: 1011: 1009: 1006: 1005: 1003: 994: 991: 989: 986: 984: 981: 979: 976: 974: 971: 969: 965: 962: 959: 957: 953: 950: 949: 943: 931: 924: 918: 916: 900: 896: 890: 875: 871: 865: 854: 847: 841: 833: 826: 824: 822: 820: 818: 816: 814: 812: 810: 808: 806: 804: 802: 800: 798: 783: 779: 773: 759: 755: 748: 734: 730: 723: 709: 705: 698: 684: 678: 670: 664: 660: 659: 652: 637: 633: 627: 619: 618: 610: 595:. May 1, 1974 594: 593: 588: 582: 578: 569: 566: 564: 561: 560: 549: 545: 542:According to 541: 540: 538: 533: 529: 525: 522:According to 521: 520: 518: 517: 505: 504: 502: 496: 492: 491: 489: 488: 475: 472: 469: 468: 466: 465: 463: 458: 455: 454: 452: 447: 446: 444: 443: 432: 429: 425: 422: 421: 419: 414: 410: 409: 407: 402: 401: 399: 398: 386:– December 30 385: 382: 380:– December 25 379: 378:Christmas Day 376: 374:– November 30 373: 372:Bonifacio Day 370: 367: 364: 361: 358: 355: 352: 349: 346: 343: 340: 337: 334: 331: 328: 325: 322: 319: 316: 315: 313: 309: 305: 304: 302: 295: 292: 291: 289: 284: 281: 280: 278: 274: 270: 266: 265: 263: 262: 250: 247: 243: 242: 240: 239: 227: 226: 224: 218: 217: 215: 210: 209: 207: 206: 203:Hours of work 196: 195: 193: 188: 184: 181:According to 180: 179: 177: 172: 167: 166: 165: 162: 161: 156: 142: 140: 135: 133: 129: 125: 119: 117: 113: 112:jurisprudence 109: 105: 103: 99: 95: 91: 87: 82: 80: 76: 72: 68: 64: 60: 56: 51: 49: 45: 42: 38: 34: 30: 26: 22: 941: 930:the original 902:. 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Senator 116:management 71:retirement 29:employment 27:governing 25:legal code 954:from the 384:Rizal Day 350:– June 12 342:Labor Day 338:– April 9 236:Rest days 41:President 37:Labor day 964:Archived 557:See also 514:Benefits 59:overtime 879:1 April 344:– 1 May 108:Strikes 23:is the 665:  636:NNRoad 933:(PDF) 926:(PDF) 856:(PDF) 849:(PDF) 395:Leave 307:wage. 252:wage. 86:labor 906:2015 881:2024 663:ISBN 601:2024 311:day. 69:and 57:and 19:The 92:of 1004:: 914:^ 897:. 872:. 796:^ 780:. 756:. 731:. 706:. 634:. 589:. 141:. 118:. 104:. 65:, 50:. 908:. 883:. 790:. 766:. 741:. 716:. 691:. 671:. 645:. 603:. 448:. 173:.

Index

legal code
employment
labor relations
Labor day
President
Ferdinand Marcos
legislative powers
maximum work hours
overtime
holiday pay
thirteenth-month pay
retirement
labor unions
collective bargaining
labor
termination of employment
Private employees
self-organization
closed shop
Strikes
jurisprudence
management
Corazon Aquino
Ernesto Herrera
Leticia Ramos Shahani
Fidel V. Ramos

Minimum wage
minimum wage of a worker depends on where he works
Presidential Decree No. 851

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