Labor Code & Other Labor Related Laws

P.D. 442

Labor Code of the Philippines is also known as?

Police Power

Basis of Labor Code dedicated to the regulation for the benefit of the workers and their rights.

Social Justice

Basis of Labor Code regarded as the goal of the labor law to ensure the humanization of laws and the equalization of social and economic force

• Government Employees

• Government -owned or -controlled corporations (GOCC) with original charter

• Employees of International Organization

• Employees of Local Water Districts

• Corporate officers (President, Secretary, Treasurer)

Workers not covered by the Labor Code

Book 3, Art. 112

Employers can't control or tell you how to spend your money.

Book 3, Art. 113

Employers can't take money out of your paycheck unless you agree or it's required by law.

Book 3, Art. 114

Employers can't force you to pay money upfront to cover tools or materials you might break.

Book 3, Art. 115

If your employer wants to deduct money for something you broke or lost, they must:

1. Give you a chance to explain (hear your side)

2. Prove you are clearly responsible

Book 3, Art. 116

Employers can't hold back your wages or force you to give money back without your consent.

Book 3, Art. 117

Employers can't charge you fees to get hired or keep your job.

Book 3, Art. 118

Employers can't punish you for complaining about unfair treatment or testifying in a labor case.

Book 3, Art. 119

Employers can't lie to the government about labor compliance.

Article 13, Sec. 3 (1987 Constitution)

The government must protect workers’ rights and promote fair employment

Article 295

Legally classifies different types of employment and defines when a worker transitions to regular status

Article 294 (Security of Tenure)

It guarantees that regular employees cannot be dismissed without just or authorized causes, and provides that unjustly dismissed workers are entitled to full backwages and immediate reinstatement without loss of seniority rights.

Article 292, Paragraph B

In illegal dismissal cases, the employer bears the ultimate burden of proof to show that an employee's termination was valid, legal, and compliant with due process.

Just Causes for Dismissal (Article 297)

Grounds for termination directly attributable to the fault, negligence, or misconduct of the employee

Authorized Causes of Dismissal (Article 298)

Grounds initiated by the employer due to economic necessity, changing business climates, or organizational restructuring.

Employees dismissed due to authorized causes

In dismissal cases, who gets separation pay?

Disease as Ground for Termination (Art. 299)

Employee who is sick (from diseases that cannot be cured within six months and their

continued employment is prohibited by law or prejudicial to their health ot the health of their

co-employees) may be dismissed

Floating Status (Art. 301)

An employer is legally allowed to put a worker on floating status for a maximum of six (6) months. During this time, the employee is not working and is not being paid, but they are still technically employed.

Resignation (Art. 300)

An employee may terminate without just cause the employee-employer relationship by

serving a written notices on the employer at least one month in advance

Retirement Pay (Art. 302)

Employee may retire at the age of 60 to 65 years old provided that they have rendered at

least five years in the said establishment

Prescription of Action (Art. 306)

Establishes the statutory "expiration date" or strict deadline for filing a legal complaint in the Philippines.

Article 1146 of the Civil Code

When an employer illegally fires a worker, it is not treated as a simple money claim, even though the worker will ask for backwages and financial damages. It is an injury to rights

Service Incentive Leave (Art. 95)

A unique benefit that gives workers 5 paid days off every year, which must be converted into cash if unused at the end of the year.

Art. 91 - Right to weekly rest day

After six consecutive days of work, an employee is entitled to 24 consecutive hours of rest

Nationwide Special Holidays

All Saints Day - Nov. 1

Last Day of the Year - Dec. 31

Ninoy Aquino Day - Monday nearest August 21

Immaculate Concepcion Day - December 8

Presidential Proclamation

Chinese New Year

EDSA Day - February 25

Black Saturday

All Souls Day - November 2

December 24

Special Holidays (RA 9492)

Safe Spaces Act

Employers have the duty to institute programs or policies that will prevent, deter, or

punish the performance of acts of gender-based sexual harassment in the workplace