BASIC RIGHTS

OF WORKERS
A Labor Education Module
DOLE District Office
Batangas City
Rights defined as Against
Privileges
Rights
are those which an individual
has a just
claim as a person in relation to
his workplace by law.



Privileges
are those benefits given by the
company to a worker which
may be taken away by the
company at any time.
However, once these are
incorporated in the CBA, it
automatically becomes a right
of the worker.
Classification
of Rights
Individual Rights
- are those which are inherent
on the individual employee as
a person in relation to his
workplace. These rights exist
independently of any workers
organization.
Collective Rights
- pertain to rights exercised by
employees as a group
including the rights to form or
organize unions, bargain
collectively with mgt. to
engage in collective action or
concerted activities w/in the
limits prescribed by law and to
participate in decision making
processes where proper.
Basic Individual Rights
1. SECURITY OF TENURE
Workers cannot be dismissed without just and
authorized causes and only after due process

Just cause refers to any wrong doing committed
by an employee including:

1. Serious misconduct
2. Willful disobedience of employers lawful orders
connected with work
3. Gross and habitual neglect of duty
Security of Tenure
4. Fraud or willful breach of trust

5. Commission of a crime or offense against the
employer, employers family member/s or
representative

6. Inability of a probationary employee to meet
employers prescribed standards of performance
made known to him/her at the time of hiring

Security of Tenure
Authorized cause refers to an economic circumstance
not due to the employees fault including

1. Introduction of labor-saving devices
2. Redundancy
3. Retrenchment to prevent losses
4. Closure or cessation of business
5. Disease
6. Retirement
Security of Tenure
Due process in cases of just cause involves :

1. Notice to employee of intent to dismiss and
grounds for dismissal
2. Opportunity of employee to explain his/her
side
3. Notice of decision to dismiss

In authorized causes due process means written
notice of dismissal to the employee specifying
the grounds at least 30 days before the date of
termination.
Separation Pay
Separation pay minimum of pay for every
year of service for authorized causes
of separation


Hours of Work
2. Hours of work

- 8 Hours a day
- Meal and rest period : one hour
- Meal break of less than one hour and short rest periods
shall be considered compensable work time .

3. Weekly rest day

A day-off of 24 consecutive hours after 6 days of
work should be scheduled by the employer upon
consultation with workers.
Overtime Pay
Art. 87
Is the additional compensation for work in excess of the
normal 8 hours

On ordinary days - plus 25% of the basic hourly rate

On special days, rest days and regular holidays plus
30% of the applicable hourly rate

Art. 88
Undertime cannot be offset by overtime work on any
other day
Wage & Wagerelated benefits
4. Minimum wage

Wage Order No. 8

Lipa City P 220/ day ( Growth corridor area)

Malvar P 210/ day (Resource based area)
Holiday Pay
5. Holiday Pay ( Art. 94)
- one day for every regular holiday even if un-worked
subject to certain conditions
- additional compensation of 200 % of the applicable
daily rate

6. Special Days
- No work no pay



List of 11 Regular Holidays
New Years Day Jan 1
Maundy Thursday Movable
Good Friday Movable
Araw ng Kagitingan April 9
Labor Day May 1
Independence Day June 12
National Heroes Day Sun of Aug
Bonifacio Day Nov 30
Christmas Day Dec 25
Rizal Day Dec 30
First Day of Ramadan
Special Days


All Saints Day Nov 1


Last day of the Year Dec 31
Premium Pay
Premium Pay - is the additional compensation for the first 8
hours of work on non-working days such as rest days
and special days

Premium Pay for work within 8 hours
Special day plus 30% of BDR
Rest day plus 30% of BDR
Rest day falling on special day plus 50% of BDR
Rest day falling on regular Holiday plus 30% of
200% of BDR
Nightshift Differential Pay
Article 86
Additional premium pay of 10% of the basic regular rate
for work between 10 pm to 6 am

On an ordinary day plus 10% of BHR
On a rest day, special day or regular holiday plus 10%
of the regular hourly rate on a rest day, special day or
regular holiday
Where night shift is overtime work:
on ordinary day plus 10% of the OT hourly rate
on rest day/special/regular holiday plus 10% of
the TO hourly rate on a rest day/special /regular
holiday
Leave
7. Service Incentive Leave ( Art. 95)

5 days with pay for every year of service

8. Maternity Leave ( Social Security Law)

60 days for Normal delivery
78 days for Caesarian delivery

9. Paternity leave ( RA 8187)

7 days with full pay
13
th
Month Pay
P.D. 851

- rank and file employees regardless of the nature
of their employment and irrespective of the method
by which their wages are paid

- employee worked for at least one month during a
calendar year

- should be given not later than 24 Dec of the year
Retirement Pay
Art. 287 as amended by RA 7641
- age 60 or more but not beyond 65 years old
- rendered at least 5 years of service
- equivalent to month salary for every year of
service a fraction of at least 6 months to be
considered 1 year
- other than those granted by the SSS

Computation

1. 15 days salary based on latest salary rate
2. Cash equivalent of 5 days SIL
3. One/twelfth of the 13
th
month pay
Payment of Wages
-wages shall be paid in cash, legal tender at or near
place of work

-payment may be made through a bank upon written
petition of the workers in establishments with 25 or
more employees and within one km. radius to a bank

-shall be made directly to the employees

-shall not be given not less than once at intervals not
exceeding 16 days
Employment of Women
Nightwork prohibition
- in commercial undertakings from 10 pm to 6am
- in commercial/non-industrial undertakings from
12 mn to 6 am
- in agricultural undertakings at night time unless
given not less than 9 consecutive hours of rest

Welfare facilities at the workplace such as seats,
separate toilet rooms, lavatories, dressing rooms

Prohibition against discrimination with respect to pay
(I.e. equal pay for work of equal value), promotion,
training opportunities, study and scholarship grants.
Employment of Young
Workers

Minimum employable age is 15 years.

A worker below 15 should be directly under the sole
responsibility of parents or guardians .Work does not
interfere with childs schooling/normal development.

With work permit from DOLE.

No person below 18 can be employed in a hazardous
undertaking.
Safe and Healthful Conditions of Work and
Welfare Services

Proper illumination and ventilation

Fire exits and fire extinguishers

Occupational health personnel and services

Family welfare/family planning services at the workplace
Collective Rights
1. Self-organization and collective bargaining

2. Labor education thru seminars, Dialogues and
information, education and communication materials

3. Peaceful concerted activities in accordance with law

4. Participation in policy and decision making processes
affecting their rights and benefits

5. Free access to the Courts and quasi-judicial bodies
and speedy disposition of their cases.
Approaches
Enforcement/ Regulatory

Complaint
Technical Safety
Routine

Advisory/ Advocacy

ZAP WISH
BOSH WISE
WEM Child Labor