BASIC EMPLOYEE

RIGHTS
BY: LAURENCE JUDE FERRER
Employee

 An individual who works part-time or full-time under a contract of

employment, whether oral or written, express or implied, and has
recognized rights and duties. Also called worker.

Definition of employee
 : one employed by another usually for wages or salary and in a
position below the executive level
10 Basic Rights of Workers in the
Philippines Under the Applicable
Laws
1. EQUAL WORK OPPORTUNITIES FOR ALL
 It is provided in the Philippine Constitution that: the State shall protect labor,
promote full employment, provide equal work opportunity regardless of gender,
race, or creed; and regulate employers-employees relationship.

2. SECURITY OF TENURE
 Workers cannot be dismissed without just and authorized causes and only after
due process. Just cause refers to any to any wrongdoing committed by a worker;
authorize cause refers to economic circumstances that are not the worker’s fault.
Due process involve the “twin” requirements of notice and hearing. Every worker
shall be assured security of tenure. A worker shall be made regular after six (6)
months probation.
3. WORK DAYS AND WORK HOURS
 Normal working hours of eight (8) hours a day. Meal and rest period. Meal
break of less than one hour and short rest periods shall be considered
compensable working time. Workers must be paid their wages for all hours
worked. If work hours fall between 10:00 p.m. and 6:00a.m., workers are entitled to
night differential pay, which is 10% of the basic or regular rate, in addition to their
pay for regular hours worked. If they work for over eight (8) hours a day, they are
entitled to overtime pay.

4. WEEKLY REST DAY

 A weekly day-off of 24 consecutive hours should be scheduled by the employer
upon consultation with the workers.

5. WAGE AND WAGE RELATED BENEFITS

 Wage is the amount paid to an employee in remuneration for the service
rendered. Wage maybe fixed for a given period. There is a corresponding
minimum wage for a particular region or sector as maybe provided by law.
6. PAYMENT OF WAGES
 Wages shall be paid in cash, legal tender at or near the place of work.
Payment maybe made through a bank upon a written petition of majority of the
workers in an establishment with twenty-five (25) or more employees and within
one kilometer radius to a bank. Payment shall be made directly to the workers.
Payment shall be given not less than once every two weeks or twice within a
month at intervals not exceeding sixteen (16) days.

7. FEMALE EMPLOYEES
 Women are prohibited from engaging in night work unless the work is allowed
by the following rules: industrial undertakings from 10 p.m. to 6 a.m.,
commercial/non-industrial undertakings from 12 m.n. to 6 a.m., or agricultural
takings at night provided that she has had nine consecutive hours of rest. Welfare
facilities, such as separate dressing rooms and lavatories, must be installed at the
workplace. Prohibition against discrimination with respect to pay, (equal pay for
work of equal value), promotion, training, opportunities, study and scholarship
grants.
8. EMPLOYMENT OF CHILDREN
 The minimum employment age is 15 years of age. Any worker below 15 years
of age should be directly under the sole responsibility of parents or guardians
provided that work does not interfere with the child’s schooling or development.
Work permit from DOLE. The minimum age of employment is 18 years for
hazardous jobs, and 15 years for non-hazardous jobs.

9. SAFE WORKING CONDITIONS

 Employers must provide workers with every kind of on-the-job protection
against injury, sickness or death through safe and healthful working conditions.
Proper illumination and ventilation, fire exits and extinguishers, occupational
health personnel and services must be provided at the workplace by the
employers.
10. RIGHTS TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING
 Every worker has the right to self-organization, i.e., to form or to join any
legitimate workers’ union, free from interference of their employer or the
government. All workers may join a union for the purpose of collective bargaining
and is eligible for union membership on the first day of their employment.
Collective bargaining is a process between two parties, namely the employer
and the union, where the terms and conditions of employment are fixed and
agreed upon. In collective bargaining, the two parties also decide upon a
method for resolving grievances. Collective bargaining results in a contract
called a Collective Bargaining Agreement (CBA).
Basic Employee Rights

 Basic Employee Rights in the Workplace

Employee rights vary somewhat from state to state, depending on local
regulations and legislation. In most states, your employees are entitled to a
basic level of privacy, including personal bags, mail addressed to the
employee and personal work lockers. On the other hand, employees have
much more limited privacy when it comes to using work-related emails
and computer systems. Your employees have basic rights to
•Freedom from harassment and discrimination of all types and in all forms
•Safe work environments without dangerous operational conditions, toxins
or unreasonable safety hazards
•Freedom from retaliation for filing discrimination-related claims or
complaints against their employer
•Fair compensation for work
 Title VII of the Civil rights Act of 1964
The Title VII is a well known and incredibly important piece of legislation that laid
the groundwork for future anti-discrimination laws. It applies solely to employers with
15 or more employees and prohibits discrimination for the following characteristics:
•Color
•Sex
•National origin
•Religion
•Race In the act, employers are forbidden from discriminating against workers in
the hiring process and beyond. Discrimination may also take the form of denying
career promotions or refusing days off for important religious holidays.

to provide such accommodations as long as they do not cause undue stress on the
business.
 ADA: Americans With Disabilities Act
The ADA does several important things, including defining disability and compelling
employers to provide reasonable accommodations for professionals with disabilities.
According to the legislation, a disability is defined as a mental or physical condition
that significantly impacts the individual’s ability to perform one or more major life
activities. Employers are not allowed to discriminate against workers with a disability
who are otherwise fully qualified for the position. If the worker requires reasonable
accommodations to perform work functions, the employer is required to provide
such accommodations as long as they do not cause undue stress on the business.

 ADEA: Age Discrimination in Employment Act

The ADEA specifically address age discrimination for individuals of the age of 40 and
over. For your business to fall under the jurisdiction of the act, you must have at least
20 employees. The ADEA is designed to prevent employers from affording
preferential treatment to younger professionals, to the disadvantage of workers of
40 years or older. Notably, it does not prevent employers from favoring older
professionals over younger counterparts.
 FLSA: Fair Labor Standards Act
 The FSLA is responsible for regulating the duration of workdays and stipulates
breaks an employer is obligated to allow. Furthermore, the legislation sets salary
minimums and overtime requirements on the federal level. Though the act is
responsible for national standards, many states have their own labor laws and
regulations that add to federal guidelines.

 FMLA: Family and Medical Leave Act

 The FMLA guarantees employees up to 12 weeks of unpaid leave annually
without the threat of losing their position. To qualify for this leave, employees must
have been with the company for at least 1 year and have worked at least 1,250
hours in the year preceding leave. The employee must take leave under certain
circumstances, such as sudden serious illness of a direct family member or
paternity leave. Though the act only guarantees unpaid leave, employees may
elect to use any paid leave they’ve accumulated, or you as the employer may
require them to use paid leave in advance and in writing. Even job applicants
retain certain rights before being formerly hired, so leave no stone unturned in
your research into employee rights. Make sure you provide a safe and welcoming
environment for all of your employees, and be aware of your own legal
obligations.
Labor Code of the Philippines
 The Labor Code of the Philippines is the legal
code governing employment practices and labor relations in the
Philippines. It was enacted on Labor day, May 1, 1974 by
Late President of the Philippines Ferdinand Marcos in the exercise of
his then extant legislative powers.
 The Labor Code sets the rules for hiring and firing of private
employees; the conditions of work including maximum work
hours and overtime; employee benefits such as holiday
pay, thirteenth-month pay and retirement pay; and the guidelines in
the organization and membership in labor unions as well as
in collective bargaining.
 The Labor Code contains several provisions which are beneficial
to labor. It prohibits termination of employment of Private
employees except for just or authorized causes as prescribed in Article
282 to 284 of the Code. The right to self-organization of a union is
expressly recognized, as is the right of a union to insist on a closed
shop.
 Strikes are also authorized for as long as they comply with the strict
requirements under the Code, and workers who organize or
participate in illegal strikes may be subject to dismissal. Moreover,
Philippine jurisprudence has long applied a rule that any doubts in the
interpretation of law, especially the Labor Code, will be resolved in
favor of labor and against management.
 The Labor Code has been amended numerous times since it was first
enacted. The most significant amendment was brought about by the
passage of Republic Act (R.A.) 6175, which was enacted on March
21, 1989, under the administration of President Corazon C. Aquino.
R.A. 6175 is also known as the Herrera Law and was authored by
Senator Ernesto Herrera.[1] Senator Leticia Ramos Shahani also
introduced amendments to strengthen prohibitions against
discrimination against women.
 Subsequent amendments were also introduced under the
administration of President Fidel V. Ramos
REPUBLIC ACT NO. 6715
March 2, 1989
 AN ACT TO EXTEND PROTECTION TO LABOR, STRENGTHEN
THE CONSTITUTIONAL RIGHTS OF WORKERS TO SELF-
ORGANIZATION, COLLECTIVE BARGAINING AND
PEACEFUL CONCERTED ACTIVITIES, FOSTER INDUSTRIAL
PEACE AND HARMONY, PROMOTE THE PREFERENTIAL USE
OF VOLUNTARY MODES OF SETTLING LABOR DISPUTES,
AND REORGANIZE THE NATIONAL LABOR RELATIONS
COMMISSION, AMENDING FOR THESE PURPOSES CERTAIN
PROVISIONS OF PRESIDENTIAL DECREE NO. 442, AS
AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF
THE PHILIPPINES, APPROPRIATING FUNDS THEREFORE AND
FOR OTHER PURPOSES
CASES
 Knibbs v. Brant Artillery Gunners Club, 2011 HRTO 1032
(Gender, disability, association and reprisal)

Ms. Knibbs and Ms. Long were both fired from their jobs as bartenders at the Brant Artillery
Gunners Club. While Ms. Knibbs was on a medical leave, she was demoted from full-time to
part-time status, had confidential medical information about her publicized, and was laid off.
When she filed a human rights claim, she was accused of theft and reported to the police.
Ms. Long had her hours reduced after she became pregnant and had a temporary disability.

The Tribunal found that “the cumulative effect of the Respondents’ discriminatory actions
and the threat of reprisal effectively ended Ms. Knibb’s employment with the Club. The work
environment and employment relationship were so poisoned by the Respondent’s actions
that Ms. Knibbs could not have returned to her position.” The Tribunal also found that the
Respondent’s letter to the police “was an act of reprisal against Ms. Knibbs.”

With respect to Ms. Long, the Tribunal found the employer did not give any consideration to
accommodating her temporary disability. The Tribunal also found that the refusal to allow Ms.
Long to work at night relied on stereotypes about pregnant women and was discriminatory.
The Tribunal ordered:

 $20,000 and $13,000 respectively to both Applicants for the loss of the right to be free
from discrimination
 Compensation for their lost income, $16,083.99 and $6,084 respectively
 Compensation to Ms. Long for any lost EI maternity/parental benefits as a result of
having fewer insurable hours
 The Club to retain a consultant with expertise in human rights to assist in drafting and
implementing a policy on harassment and discrimination, including components on
disability, pregnancy, reprisal, association, and the duty to accommodate
 The Club’s officers, committee chairpersons, managers, and supervisors to complete
the Ontario Human Rights Commission’s online training module on human rights and
provide copies of the certificates of completion to the Applicants.
 To read the full decision, visit CanLII
 Lauzon v. Ontario Provincial Police, 2011 HRTO 1404
(Disability)

Mr. Lauzon wanted to apply to become a police constable after he had been working
as an auxiliary officer with the Ontario Provincial Police (OPP) for many years. As an initial
step, he was required to go through a pre-interview assessment used by the OPP. He met
the standards for each of the tests in the assessment except the vision test. Because he
did not meet the standard for depth perception, he was not allowed to continue in the
application process.
The Tribunal found “the Respondents have not met their onus of establishing that the
existing measurement of depth perception is reasonably necessary to accomplish the
goal of a police officer being able to do his/her work safely and that the Respondents
cannot accommodate individual capabilities and differences without incurring undue
hardship. As a result I find that the Applicant was discriminated against on the basis of
disability.”
The Tribunal ordered:

 $8,000 to the Applicant for monetary compensation for loss of the right to be free from
discrimination
 The Respondent (OPP) to issue a Certificate of Results to the Applicant effective the
date of the decision
 The Respondent (OPP) to cease relying on the standard of “stereo acuity of 80 seconds
of arc or better” as a vision requirement in the Constable Selection System.
 To read the full decision, visit CanLII