5 Employee Rights That Are DEFINITELY Worth

Knowing
1. You have the right to get paid on time.
Article 103 of the Labor Code states that:
Wages shall be paid at least once every two
(2) weeks or twice a month at intervals not
exceeding sixteen (16) days.
Although a clear provision on salary delays is
yet to be written or enforced in the country,
getting your salary late cant be good news. If
your salary comes late once, or probably even
twice in a year, then it might be somewhat tolerable. One more instance would be too
frequent.
What to do: Talk to management.

Express the inconvenience of delayed pay. If things dont improve, keep in mind that you
dont need to put up with your companys poor salary administration. You cant go to
Meralco or your cable company and issue them promissory notes, just because your
company was late in issuing your paycheck.
Generally, companies expect their staff to come in and accomplish their output on time and
all the time. Staff should expect nothing less when it comes to the timeliness of their pay.
Reference: Article 103 of the Philippine Labor Cod

2. You have the right to No pay cut ever.

It is clear to many Filipinos that a company is prohibited from decreasing employees salary
rate. Many Filipino workers however are not clear with how the anti-elimination and
diminution of benefits principle applies when it comes to other benefits.

The Supreme Court has laid things down

simply and clearly. If the benefit is part of
company policy or if the granting of the
benefit is consistent and deliberate, your
employer cant just change their minds and
suspend it.
What to do: If you feel that the antielimination and anti-diminution provisions of
the labor code are being violated by your
employer, consult a labor lawyer or a National
Labor Relations Commission officer.
References: Article 100 of the Philippine Labor Code TSPIC Corp v. TSPIC Employees
Union, G.R. No. 163419. February 13, 2008 Globe-Mackay Cable and Radio Corp. v. NLRC,
G.R. No. 74156 June 29, 1988

3. You have the right to get regularized, IF

If your employment type is probationary and if
no agreement about an apprenticeship with a
longer period was made between you and
your employer; if your employer has not
notified you of your disqualification by the end
of your 6th month with the company, then you
should be considered a regular employee a
day after your 6 month probation has ended.
Reference: Article 281 of the Philippine Labor
Code

4. You have the right to a 2-month leave, IF

If you are a female employee who has undergone surgery because of a gynecological
disorder, you should read the provisions of Section 18 of the Magna Carta of Women. Along
with a multitude of other pro-women provisions, the said law dictates that a female
employee who has undergone surgery because of a gynecological disorder is entitled to a 2month paid leave (not convertible to cash).

This leave entitlement is separate from the

SSS sickness benefit or other leaves that are
part of your compensation and benefit
package. Your employer should cover the cost
of the paid medical leave given the said
circumstances.
Tip: Refer to the amended guidelines for a
clearer understanding of the parameters of
the said benefit and not just the original
Republic Act 9710 guidelines (Amended Guidelines: Department Order 112-A, series of
2012).
Other Benefits for Women and Men: If you have not been up-to-date with other laws that
could affect you and your employment, you might want to look up the Solo Parents
Welfare Act and the Leave for Victims of Violence Against Women and Children.
References: Republic Act 9710 Magna Carta of Women Republic Act 8972 Solo Parents
Welfare Act of 2000 Republic Act 9262 Anti-Violence Against Women and Their Children

5. You have the right to quit.

Just like in relationships, if you
dont have good reasons to stay,
then leave. Try to patch things up
ask for a dialogue with your
supervisor, talk to HR, or even try
to talk to top management to get
things sorted out. But when it gets
to a certain point, you think youve
had enough, just quit. You can even
resign on the spot. Note that Article
285 of the labor code states that
yes you can resign on the spot, but
only in the following situations
(verbatim):
a) Serious insult by the employer or
his representative on the honor and person of the employee;

b) Inhuman and unbearable treatment accorded the employee by the employer or his
representative;
c) Commission of a crime or offense by the employer or his representative against the
person of the employee or any of the immediate members of his family; and
d) Other causes analogous to any of the foregoing.
Now this would be a bit tricky because of semantics and legalities so thread carefully and
consult an expert (a lawyer who specializes in labor or a labor arbiter). Otherwise, it would
be advisable to stick to what is probably indicated in your contract, and what is definitely
indicated in the labor code:
The Labor Code requires the employee to give an advance notice to the employer of his
intention to resign. The notice of resignation must be in writing and must be served to the
employer at least one month (or 30 days) prior to the effective date of resignation.
Another angle is that if your employer authorizes your immediate resignation as you
requested, then you should be off the hook.
Reference: Article 285 of the Philippine Labor Code
Many companies in the Philippines seem to be very thorough when discussing Employer
Rights upon new employee intake. Generally, employees are aware that performance
management, salary adjustments, and work location and scheduling among other
employment factors should be the companys prerogative.
On the other hand, it would be safe to say that the Filipino workforce specifically those
whose companies do not have unions (non-organized establishments), do not really have the
same level of awareness when it comes to their rights as employees. If you are experiencing
violations of the items discussed in this article, consult a labor expert or proceed to a
Department of Labor and Employment (DOLE) office.