BASIC RIGHTS OF WORKERS Flashcards
It is provided in the Phil. Constitution that: the state shall protect labor, promote full employment, provide equal work opportunity regardless of gender, race, or creed; and regulate employer-employees relationship
EQUAL WORK OPPORTUNITIES FOR ALL
Workers cannot be dismissed without just & authorized causes & only after due process. Due process involves the ‘twin’ requirements of notice & hearing.
SECURITY OF TENURE
note: A worker shall be made regular after six months probation
SECURITY OF TENURE
____ cause refers to any to any wrongdoing committed by a worker
Just
SECURITY OF TENURE
____ cause refers to economic circumstances that are not the worker’s fault
Authorize
WORK DAYS AND WORK HOURS
Normal working hours a day?
8
WORK DAYS & WORK HOURS
Meal break of less than one hour & short rest periods shall be considered _____
Compensable working time
Workers must be paid their wages for all hours worked. If work hours fall between 10:00pm and 6:00am, workers are entitled to night differential pay, which is 10% of the basic regular pay, in addition to their pay for regular hours worked
WORK DAYS & WORK HOURS
WORK DAYS AND WORK HOURS
If they work for over eight hours a day, they are entitled to _____
OVERTIME PAY
A weekly day-off of 24 consecutive hours should be scheduled by the employer upon consultation with the workers
WEEKLY REST DAY
____amount paid to an employee in remuneration for the service rendered; may be fixed for a given period
Wage
From: WAGE & WAGE RELATED BENEFITS
note: there is a corresponding minimum wage for a particular region/sector as maybe provided by law
Wages shall be paid in cash or legal tender at or near the place of work. Payment maybe made through a bank upon a written petition of majority of the workers in an establishment with 25 or more employees & within 1km radius to a bank
PAYMENT OF WAGES
note: payment shall be made directly to the workers
Payment shall be given not less than once every two weeks or twice within a month at intervals not exceeding 16 days
PAYMENT OF WAGES
Before republict act no. 10151: Women were prohibited from engaging in night work:
a. In industrial undertakings - from 10pm-6am
b. In commercial/non-industrial undertakings - from 12am-6am
c. In agricultural takings - at night, provided that she has had 9 consecutive hours of rest
FEMALE EMPLOYEES
There is no more prohibition for women to work at night. Women can already work in any undertaking (industrial, commercial, agricultural, etc.) even at night
Under Republict Act No. 10151
From: FEMALE EMPLOYEES
EMPLOYMENT OF CHILDREN
The minimun employmet age is _____
15 years of age
Any worker elow 15 years of age should be directly under the sole responsibility of parents/guardians provided that work does not interfer with the child’s schooling or development; Work permit from DOLE
EMPLOYMENT OF CHILDREN
EMPLOYMENT OF CHILDREN
The minimum age of employment for hazardous jobs?
18
EMPLOYMENT OF CHILDREN
Minimum age of employment for non-hazardous jobs?
15
Employers must provide workers with every kind of on-the-job protection against injury, sickness or death through safe & healthful working conditions
SAFE WORKING CONDITIONS
note: Proper illumination & ventilation, fire exits & extinguishers, occupational health personeel & services must be provided at the workplace
Every worker has the right to ________ to form or to join any legitimate worker’s union, free from interference of their employer or the government
Self-organization
From: RIGHTS TO SELF-ORGANIZATION & COLLECTIVE BARGAINING
All workers may join a union for the purpose of ________ and is eligible for union membership on the first day of their employment
Collective bargaining
From: RIGHTS TO SELF-ORGANIZATION & COLLECTIVE BARGAINING
A process between two parties, namely the employer and the union, where the terms & conditions of employment are fixed and agreed upon.
Collective bargaining
From: RIGHTS TO SELF-ORGANIZATION & COLLECTIVE BARGAINING
RIGHTS TO SELF-ORGANIZATION & COLLECTIVE BARGAINING
In collective bargaining, the two parties also decide upon a method for resolving grievances. Collective bargaining results in a contract called ________
Collective Bargaining Agreement (CBA)
13 BASIC RIGHTS OF WORKERS IN THE PHILIPPINES
- EQUAL WORK OPPORTUNITIES FOR ALL
- SECURITY OF TENURE
- WORK DAYS AND WORK HOURS
- WEEKLY REST DAY
- WAGE & WAGE RELATED BENEFITS
- PAYMENT OF WAGES
- FEMALE EMPLOYEES
- EMPLOYMENT OF CHILDREN
- SAFE WORKING CONDITIONS
- RIGHT TO SELF-ORGANIZATION & COLLECTIVE BARGAINING
- LABOR EDUCATION THROUGH SEMINARS, DIALOGUES & INFORMATION, EDUCATION & COMMUNICATION MATERIALS
- PEACEFUL CONCERTED ACTIVITIES INCLUDING THE RIGHT TO STRIKE IN ACCORDANCE WITH LAW
- PARTICIPATION IN POLICY & DECISION-MAKING PROCESSES AFFECTING THEIR RIGHTS & BENEFITS
from notes:
________is for all but limited for contractual employees and as long as they are in contract
Security of Tenure
from notes:
The right to be heard; an employee cannot be removed if there’s no valid reason
Security of Tenure
from notes:
What is the first-notice rule in Right of Security and Tenure?
1st notice is informing the wrongdoings of the employee so that they can submit an explanation
*note: submission of explanation is up to 72 hours but can be extended *
from notes:
What is the second notice in the Right of Security & Tenure?
2nd notice is the notice of termination
note: it can also be suspension only
from notes:
What is the file that holds personnel record and if proven guilty, it will be shown in this file?
201 file
From: SECURITY & TENURE
from notes:
________applies to employee-employer relationship
Labor law
from notes:
What is it called when there’s stalemate? This happens when no one wants to give way between the union and the employer
Bargaining deadlock
From: RIGHTS TO SELF-ORGANIZATION & COLLECTIVE BARGAINING
from notes:
Strike can happen if there’s a ______
Bargaining deadlock
From: RIGHT TO SELF-ORGANIZATION & COLLECTIVE BARGAINING
from notes:
Governs the relationship between employees and employer
Contract
from notes:
To negotiate as a group; so that employees have voice to their employer when there’s a conflict of interest
Collective Bargaining Agreement
From: RIGHTS TO SELF-ORGANIZATION & COLLECTIVE BARGAINING
from notes:
Minimum Wage note
It is not allowed to pay employees below minimum wage even if the employees agreed to it
From: PAYMENT OF WAGES
from notes:
Employees can work 8 hours a day but not straight 8 hours, that is why they have a ______
Meal break (there is also a paid short-break, which is 15 mins. or less)
at least 1 hour meal break no matter how busy the work is
From: WORK DAYS AND WORK HOURS
from notes:
Weekly Rest Day was invented because of?
God
From: WEEKLY REST DAY
from notes:
Continuous 24-hour rest; no gap; not paid; not always Sunday
WEEKLY REST DAY
from notes:
Salarium came from a Latin word “Sal” which means?
Salt
From: WAGE & WAGE RELATED BENEFITS
from notes:
Banknotes; different to money
Legal Tender
From: WAGE & WAGE RELATED BENEFITS
from notes:
Provide workers with every kind of on-the-job protection. Example: A teacher on the way or going home from work experienced an accident, the employer will cover for the damages except when the accident happened during a side trip
SAFE WORKING CONDITIONS
From: SAFE WORKING CONDITIONS
