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Presidential Decree No. 442: Labor Code of The Philippines

The document discusses the Labor Code of the Philippines, including the basic policies of labor protection and regulation of worker-employer relations. It outlines the rights and benefits provided to workers, such as minimum wages, healthcare, and retirement benefits. The document also covers allowable reasons for terminating employment for both employers and employees.

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Chelze Chiefe Villarin
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201 views13 pages

Presidential Decree No. 442: Labor Code of The Philippines

The document discusses the Labor Code of the Philippines, including the basic policies of labor protection and regulation of worker-employer relations. It outlines the rights and benefits provided to workers, such as minimum wages, healthcare, and retirement benefits. The document also covers allowable reasons for terminating employment for both employers and employees.

Uploaded by

Chelze Chiefe Villarin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Presidential Decree No.

442
Labor Code of the Philippines

Engr. Larry C. Zafico


Faculty, Civil Engineering Department
University of Cebu Main Campus
The Basic Policy of Labor in the
Philippines
• The State shall afford protection to labor,
promote full employment, ensure equal work
opportunities regardless of sex, race or creed,
and regulate the relations between workers and
employers. The State shall assure the rights of
workers to self-organization, collective
bargaining, security of tenure and just and
humane conditions to work. (Art. 3 PD No. 442)
The Applicability or Scope of the
Labor Code
• All rights and benefits granted to workers
under this Code shall, except as may
otherwise be provided herein apply alike
to all workers, whether agricultural or
non-agricultural.
Workers classified under the
New Labor Code
• Filipino workers;
• Non-resident alien workers;
• Workers under apprenticeship program;
• Handicapped workers;
• Workers on probation (less than 6 months employment);
• Regular/permanent workers whether agricultural or non-
agricultural;
• Workers holding managerial positions; and
• Union (members) workers and non-union workers.
Benefits enjoyed by the workers under
the New Labor Code & other allied laws
• Working conditions, hours of work and rest periods
• Payment of the minimum wages
• Dental services
• Occupational health and safety standards
• Employee’s compensation program under the SSS or GSIS
• Medical services and Medicare
• Disability benefits
• Death benefits
• Adult education
• Retirement benefits
• Emergency living allowance
• The 13th Month Pay benefit
Rights of workers under the
New Labor Code
• Right to holiday pay
• The right to self-organization and to be
member of a legitimate labor organization
• Right to security of tenure
• The right to be protected against unfair
labor practices
When are the wages to be paid?

• Wages shall be paid at least once every


two weeks or twice a month or at an
interval not exceeding sixteen days.
Prohibited acts regarding wages
• No employer shall compel or oblige his employees to
purchase merchandise and commodities;
• No employer shall limit or otherwise interfere with the
freedom of any employee to dispose of his wages like
compelling or forcing his employees to purchase
merchandise and commodities from the employer’s store.
No deduction shall be made on their wages except on
– premium of his insurance;
– union dues where check off has been recognized;
– in cases authorized by law or regulation issued by the Secretary
of Labor and Employment.
Prohibited acts regarding wages
• It shall be unlawful to require the worker to make
deposits for loss or damages;
• To withhold wages and to make kickbacks;
• To refuse to pay or reduce wages or discharge or in any
other manner discriminate against any employee who
has filed any complaint or instituted any proceeding
under this articles.
When can an employer validly
terminate employment?
He can do so, when –
•he complies the provisions of the Labor Code; and
•the termination is based on just causes such as –
– The closing or cessation of operation of the establishment or
enterprise, or where the employer has to reduce his work force
by more than one-half due to serious business reverses, unless
closing is for the purpose of circumventing the provision of this
chapter.
– Serious misconduct or willful disobedience by the employee of
the orders of his employer or representative in connection with
his work;
When can an employer validly
terminate employment?
– Gross and habitual neglect by the employee of his duties;
– Fraud or willful breach by the employee of the trust reposed in
him by his employer or representative;
– Commission of a crime or offense by the employee against the
person of his employer or any immediate member of his family
or representative;
– Other causes analogous to the foregoing (Art. 283).
When can an employee
terminate his employment?
He may terminate without just cause his employer-
employee relationship –
•By serving a written notice on the employer at least one
month in advance, otherwise, he is liable for damages;
•However, he may not serve any notice on the following
just causes –
– Serious insult by the employer or his representative on the honor
and person of the employee;
– Inhuman or unbearable treatment accorded the employee by the
employer or his representative;
When can an employee
terminate his employment?
– Commission of a crime or offense by the employer or his
representative against the person of the employee or any
immediate members of the family;
– Other causes analogous to the foregoing (Art. 286).

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