Employment Standards in the Philippines: Protecting Workers' Rights Flashcards
established by Presidential Decree No. 442 in 1974
Labor Code of the Philippines
sets forth comprehensive employment standards to safeguard workers’ rights and regulate fair labor practices
Labor Code of the Philippines
The standard workweek in the Philippines
is set at __ hours, typically divided into __-hour shifts over __ days.
48
8
6
This structure aims
to balance productivity with worker wellbeing, ensuring adequate time for rest and
personal activities.
Normal Work Week
Work performed beyond the normal hours
is considered overtime and must be
compensated at a premium rate
Overtime Compensation
The law
mandates at least a 25% increase over the
regular hourly wage for overtime work,
incentivizing fair compensation for
additional effort.
Overtime Compensation
The law mandates at least a ____ increase over the
regular hourly wage for overtime work,
incentivizing fair compensation for
additional effort.
25%
Employees are entitled to a _____ meal break during their shift.
one-hour
This break is not
included in the computation of working
hours, providing workers with necessary
time to rest and refuel during their
workday.
Meal Breaks
The minimum wage in the
Philippines varies by region
and industry, acknowledging
the diverse economic
conditions across the
archipelago.
Regional Variations
This system
allows for more tailored wage
standards that reflect local
living costs and economic
realities.
Regional Variations
Minimum wage rates are
subject to regular review and
adjustment by Regional
Tripartite Wages and
Productivity Boards.
Regular Review
These reviews consider factors such
as poverty threshold,
employment trends, and
business capacity to pay.
Regular Review
Minimum wage rates are
subject to regular review and
adjustment by ____.
Regional Tripartite Wages and
Productivity Boards
actively monitors compliance with
minimum wage laws.
Department of Labor and
Employment (DOLE)
Employers found violating
these standards may face
penalties, ensuring the
protection of workers’ rights
to fair compensation.
Compliance Monitoring
Certain categories of workers,
such as domestic helpers and
those employed in barangay
micro businesses, may be
subject to different minimum
wage regulations.
Exceptions
It’s crucial
for both employers and
employees to be aware of
these specific provisions.
Exceptions
employees are entitled to their full daily wage even if they do not work.
Regular Holidays
This provision ensures that workers can observe important national holidays without financial penalty
Regular Holidays
If an employee works on a
regular holiday, they are entitled to at least ___ of their daily wage rate.
200%
the “no work, no pay” principle applies unless there is a favorable company policy
Special Non-working Days
if an employee works on these special non working days, they are
entitled to at least ____ of their daily wage
rate
130%
In cases where a day is both a regular holiday
and a special non-working day, the employee
is entitled to the more favorable benefits
Double Holiday
This ensures that workers receive the maximum
benefit in such unique circumstances, promoting fair treatment and recognition of their efforts.
Double Holiday
The night shift differential applies to work performed between ________.
10:00 p.m. and 6:00 a.m
This recognizes the challenges and potential
health impacts of working during these hours.
night shift differential
Employees working night shifts are entitled to an additional _____ of
their regular wage.
10%
Many companies offer paid sick leave as part of their employment
policies, demonstrating a commitment to employee welfare.
Company Policies
Unionized workplaces often negotiate sick leave benefits during
collective bargaining
Collective Bargaining
Employees can claim sickness benefits from the SSS for prolonged
illnesses, providing financial support during recovery.
SSS Sickness Benefit
may be required for sick leave claims, especially for extended absences, to prevent abuse and ensure
support for truly ill employees.
Medical Certification
Female employees are entitled to _____ of
paid maternity leave, -with an additional ____ for solo parents.
105 days
15 days
During maternity leave, employees receive their full pay, which is advanced by the ____ and later reimbursed by the ____.
employer
Social Security System (SSS)
This flexibility recognizes that not all women may need or want to use the full leave period.
Leave Credits
The law guarantees that women can return to their position after maternity leave without loss of seniority rights.
Maternity Leave / Job Protection
Male employees are entitled to _____ of paid paternity leave following the birth of their child
7 days
This provision recognizes the importance
of fathers’ involvement in early childcare and
family bonding.
Paternity Leave
To qualify for paternity leave, the employee must be ______.
Married and cohabiting with his wife
TRUE OR FALSE: The 7-day paternity leave applies regardless of the number of children born from a single pregnancy.
TRUE
Just Causes for Termination
- Serious Misconduct
- Willful Disobedience
- Gross Negligence
- Loss of Trust
Employees can be terminated for serious misconduct, such as theft, fraud, or violence in the workplace.
Serious Misconduct
This provision protects employers and other employees from harmful
behavior that disrupts the work environment.
Serious Misconduct
Repeated willful disobedience to lawful orders of superiors can be grounds for termination.
Willful Disobedience
This ensures that employers can maintain necessary discipline and workflow in the workplace.
Willful Disobedience
Employees who demonstrate gross and habitual neglect of duties may be terminated.
Gross Negligence
This protects employers from significant losses or risks due to employee carelessness.
Gross Negligence
For employees holding positions of trust, a clear loss of confidence can be grounds for termination.
Loss of Trust
This is particularly relevant for
managerial positions where trust is crucial to job performance.
Loss of Trust
Authorized Causes for Termination
- Installation of Labor-Saving Devices
- Redundancy
- Retrenchment
- Disease
Companies may terminate employees due to the installation of labor-saving devices.
Installation of Labor-Saving Devices
This allows businesses to modernize and improve efficiency while following proper procedures
for affected employees.
Installation of Labor-Saving Devices
Termination due to redundancy is permitted when a position is no longer necessary for the company’s operation.
Redundancy
This allows companies to streamline their workforce in response to changing business needs.
Redundancy
To prevent losses, companies may implement retrenchment, reducing their workforce
Retrenchment
This provision recognizes the need for businesses to remain financially viable in challenging economic conditions.
Retrenchment
Employees may be terminated if they suffer from a disease and their continued employment would be prohibited by law or prejudicial to their health or their co-workers’
health.
Disease
Separation Pay
1 month pay per year of service
should be in writing, providing a clear record of the terms and conditions agreed upon by both parties.
Employment contracts
should outline job responsibilities,
compensation, benefits, and other important terms of employment
Employment contracts
must comply with labor laws and cannot contain provisions that diminish workers’ rights as stipulated in the Labor Code
Employment contracts
can be tailored to specific job roles and company needs
Employment contracts
These standards govern the recruitment, employment, and welfare of Overseas Filipino
Workers (OFWs), with a special focus on nurses who form a significant portion of the
Filipino workforce abroad
Philippine Labor Standards for
Overseas Recruitment and
Employment
The Philippines has established comprehensive labor standards to protect and empower its citizens working overseas, particularly in the healthcare sector
Philippine Labor Standards for
Overseas Recruitment and
Employment
The Migrant Workers and Overseas
Filipinos Act of 1995, which provides the foundation for protecting OFWs
Republic Act 8042
An amendment to RA 8042, strengthening the government’s policies on overseas employment and establishing higher standards for OFW protection.
Republic Act 10022
Detailed guidelines set by the Philippine Overseas Employment Administration governing the recruitment and employment process.
POEA Rules and Regulations
Agreements between the Philippines and host countries to ensure the rights and welfare of OFWs are protected.
Bilateral Labor Agreements
Role of the Philippine Overseas Employment Administration
(POEA)
Licensing and Regulation
Pre-Employment Orientation
Contract Verification
Dispute Resolution
The POEA is responsible for licensing and regulating recruitment agencies, ensuring
they comply with Philippine labor
laws and standards for overseas
employment
Licensing and Regulation
Conducts pre-employment
orientation seminars (PEOS) to
inform potential OFWs about their
rights, the realities of working
abroad, and cultural sensitivities.
Pre-Employment Orientation
Reviews and verifies employment
contracts to ensure they meet the
minimum standards set by
Philippine law and protect workers’
rights.
Contract Verification
Provides a mechanism for resolving
disputes between OFWs and their
foreign employers or recruitment
agencies.
Dispute Resolution
Minimum Requirements for
Overseas Recruitment Agencies
POEA License
Financial Capability
Professional Staff
Physical Office
subject to renewal and can be
revoked for violations
POEA License
Agencies are required to maintain a minimum capitalization and a substantial escrow deposit
to ensure they can meet their financial obligations to OFWs.
Financial Capability
Recruitment agencies must employ licensed professionals, including lawyers and counselors, to handle various aspects of overseas employment.
Professional Staff
A proper office space that meets POEA standards is required, ensuring accessibility and
professionalism in dealing with applicants and documentation.
Physical Office
Recruitment Process Standards
- Job Order Verification
- Applicant Screening
- Skills Testing
- Pre-Employment Orientation
- Contract Signing
POEA verifies the legitimacy of job orders from foreign employers before agencies can recruit.
Job Order Verification
Agencies must conduct thorough screenings to ensure applicants meet job requirements and are fit for overseas work.
Applicant Screening
Relevant skills tests are administered to assess the
competency of applicants for their intended jobs.
Skills Testing
Mandatory seminars to inform applicants about working conditions, cultural differences, and their rights.
Pre-Employment Orientation
Employment contracts must be thoroughly explained and signed in the presence of a POEA representative.
Contract Signing
CONTENTS OF EMPLOYMENT CONTRACTS
Guaranteed wages
Travel expenses
Living and medical support
Termination and compensation
for regular working hours, along with overtime pay for hours worked
beyond their regular schedule.
Guaranteed wages
Free transportation from the point
of hire to the employment site
and return, including expenses for
travel documentation.
Travel expenses
Adequate board and lodging
facilities, as well as free
emergency medical and dental
treatment and facilities.
Living and medical support
Contracts clearly outline just
causes for termination,
compensation benefits, and
procedures for managing the
remains in case of death during
deployment.
Termination and compensation
Special Provisions for Nurses Working Abroad
Qualification Requirements
Salary Standards
Work Environment
Filipino nurses must have a valid ____ and a
minimum of ________.
- Professional Regulation Commission (PRC) license
- two years clinical experience
Nurses are entitled to salaries comparable to their local counterparts in the host country.
Salary Standards
Employers must provide a safe working environment, including proper training, adequate personal protective equipment, and adherence to international nursing standards and practices.
Work Environment
Pre-Departure Orientation
Seminar (PDOS) Coverage
Country-Specific Information
Travel Procedures
Health and Safety
Financial Literacy
The recruitment agency is responsible for the timely deployment of the recruited worker, typically within ____ of the worker’s passport issuance.
45 days
If the worker is delayed through no fault of their own, they are entitled
to a ____. However, if the worker
withdraws without a valid reason after the recruitment process, they
must ________
- refund of expenses and standby pay
- reimburse the agency
Overseas Workers Welfare Administration (OWWA)
Benefits
Life and Disability Insurance
Scholarship Programs
Repatriation Assistance
Psychosocial Support
coverage for all member OFWs, ensuring financial protection for workers and their families.
Life and Disability Insurance
Children of OFWs can benefit from various scholarship programs for secondary, tertiary, and vocational education.
Scholarship Programs
OWWA facilitates the
repatriation of OFWs back to the Philippines.
Repatriation Assistance
OWWA offers counseling services and support programs for OFWs and their families to address mental health concerns.
Psychosocial Support
Rights and Protections for OFWs
Freedom from Discrimination
Right to Information
Freedom of Association
Access to Justice
OFWs are protected against any form of
discrimination based on race, gender, religion,
or nationality in their workplace.
Freedom from Discrimination
Workers have the right to full disclosure of
terms and conditions of their employment,
including risks involved in their work.
Right to Information
OFWs have the right to join or form labor
unions in accordance with the laws of their
host country
Freedom of Association
In case of disputes or rights violations, OFWs
have access to legal assistance and dispute
resolution mechanisms provided by Philippine
overseas labor offices.
Access to Justice
Illegal Recruitment Prevention
Public Awareness Campaigns
Strict Agency Monitoring
Inter-Agency Cooperation
Blacklisting System
Collaboration between POEA, law enforcement agencies, and local government units to investigate and prosecute illegal recruiters
Inter-Agency Cooperation
POEA implements rigorous monitoring and surprise inspections of recruitment agencies to ensure compliance with regulations and prevent illegal practices.
Strict Agency Monitoring
The government conducts regular information drives to educate potential OFWs about the dangers of illegal recruitment and how to identify legitimate job offers.
Public Awareness Campaigns
A comprehensive database of blacklisted recruiters and employers is maintained and regularly updated to protect OFWs from repeat offenders.
Blacklisting System
Standard employment contract, protection of domestic workers
Saudi Arabia
Unified employment contract, ban on recruitment fees
United Arab Emirates
Technical intern training program, nursing and caregiving opportunities
Japan
Triple Win Project for nurses, language and skills training
Germany
Caregiver program, pathway to permanent residency
Canada
Reintegration Programs for Returning OFWs
Psychosocial Support
Financial Management
Skills Training
Job Placement
Counseling services to help OFWs adjust to life back in the Philippines and address any trauma or stress from their overseas experience.
Psychosocial Support
Workshops on financial literacy, investment opportunities, and business planning to help OFWs make the most of their savings.
Financial Management
Vocational and technical training programs to enhance employability or support entrepreneurship for returning workers.
Skills Training
Assistance in finding local employment opportunities that match the skills and experience gained overseas.
Job Placement
