Department of Labor and Employment FAQs
Workers are entitled to the following rights:
- Equal work opportunities for all
- Security of tenure
- Specified work days and work hours
- Weekly rest day
- Safe working conditions
- Rightful wage and payment of wages
- Self-organization and collective bargaining
- Compensation benefits for work-related contingencies
The normal hours of work in a day is 8 hours. This includes breaks of less than 1 hour, but excludes meal periods, which shouldn't be less than 1 hour.
The Occupational Safety and Health Standards provide that every company should keep its workplace free from work hazards likely to cause physical harm to the workers or damage to property. Thus, a worker is entitled to be provided by the employer with:
- Appropriate seats, lighting, and ventilation
- Adequate passageways, exits, and firefighting equipment
- Separate facilities for men and women
- Appropriate safety devices such as protective gears, masks, helmets, safety boots or coats
- Medicines, medical supplies or first-aid kits
- Free medical and dental services and facilities
The minimum employable age is 15 years old. A worker below 15 years old should be directly under the sole responsibility of parents or guardians, and provided that work doesn't interfere with the child's schooling/normal development. In addition, no person below 18 years old can be employed for hazardous jobs.
We have 4 allowable employment arrangements:
- Regular employment
- Project employment
- Seasonal employment
- Casual employment
We don't have any laws that specifically address background checks on applicants. The conduct of background checks, however, is subject to the provisions of the Data Privacy Act of 2012.
In the NCR, the daily minimum wage rate is P500 to P537.
Wages should be paid in cash at or near the place of work. Payment may be made through a bank upon written petition of the majority of the workers in establishments with 25 or more employees and within 1km radius to a bank.
Payment should be made directly to the employees and given not less than once every 2 weeks, or twice within a month at intervals not exceeding 16 days.
Holiday pay refers to payment of the regular daily wage for any unworked regular holiday.
Premium pay refers to additional payment for work within 8 hours on rest days or special non-working holidays, while overtime pay refers to the additional pay for work performed in excess of 8 hours a day.
For any unworked regular holiday, the holiday pay is 100% of the employee’s daily wage rate.
For work performed on a regular holiday, the holiday pay is plus 100% or a total of 200% of the employee’s daily wage rate.
Premium pay is computed as:
- Plus 30% of the daily basic rate or a total of 130% for work performed on a rest or special day
- Plus 50% of the daily basic rate or a total of 150% for work performed on a special day falling on the employee’s rest day
- Plus 30% of the daily basic rate or a total of 260% for work performed on a regular holiday falling on the employee’s rest day
Overtime pay is computed as:
- Plus 25% of the hourly rate for work performed in excess of 8 hours on an ordinary day
- Plus 30% of the hourly rate for work performed in excess of 8 hours on a rest or special day, or a regular holiday
The night-shift differential refers to additional compensation for work performed from 10:00 p.m. to 6:00 a.m. It's computed as plus 10% of the employee's hourly rate.
An employee is entitled to the following leave benefits, with conditions:
- Service incentive leave
- Maternity leave
- Paternity leave
- Solo parent leave
- Medical and legal leave for victims of violence against women and children
- Special leave for women following a surgery to address gynecological disorders
The 13th month pay is a government-mandated benefit provided to employees. A bonus is an amount granted to an employee in excess of what the law requires as a reward or incentive upon the discretion of the employer.
All rank-and-file employees who have worked for at least 1 month during the calendar year are entitled to receive 13th month pay, regardless of the nature of their employment and irrespective of the methods by which their wages are paid.
The 13th month pay shouldn't be less than 1/12 of the total basic salary earned by an employee within a calendar year.
Maternity leave benefits aren't included in the computation of 13th month pay.
An employee who has resigned or whose services were terminated at any time before the release of the 13th month pay is still entitled to the benefit. It's given in proportion to the length of time he has worked during the year.