Labor Law Cheat Sheet - Book One: Pre-Employment

A worker, usually a teenager, who has a vocational aptitude and can comprehend written and oral instructions.

A short-term training program that prepares individuals for semi-skilled jobs, lasting no more than 3 months.

Workers with limitations due to age or mental/physical disabilities.

Employees who are responsible for managing a company or department.

Workers who perform their duties outside of the main company premises.

Work performed beyond the regular 8-hour workday.

Work performed during specific emergencies, like war, natural disasters, etc.

The legal minimum amount an employer must pay their employees.

An employer can require employees to work on rest days if the work is necessary to prevent serious obstructions or prejudice to the business, or to prevent loss or damage to perishable goods.

Workers are entitled to a 30% increase in their regular wage for working on their rest day.

The law requires an employer to provide a weekly rest day to employees. This usually means 6 days of work and 1 day of rest.

Employees are entitled to a 30% increase in their regular wage for working on a special day (like holidays).

Workers are entitled to 100% of their wages for unworked holidays, and 200% of their wages for worked holidays.

Employees with at least one year of service are entitled to five days of paid leave, with some exceptions.

Service charges earned by the business are distributed 100% to covered employees, meaning those who directly interact with customers. Managerial employees do not receive a share.

Wages must be paid at least twice a month at the workplace, with a maximum interval of 16 days between payments.

In cases where wages are unlawfully withheld, the employee can recover 10% of the recovered wages as attorney fees.

Employers cannot interfere with how employees spend their wages.

Employers are generally prohibited from deducting from wages, except for insurance premiums to cover employer liabilities, union dues, and deductions authorized by law.

Employers cannot withhold wages from employees without a valid legal ground.

Employers cannot force or incentivize employees to give up a portion of their wages without their consent.

Employers are obligated to provide seats suitable for women, separate toilet rooms for men and women with a dressing room for women, and a nursery.

Women employees are entitled to a 105-day maternity leave for live childbirth, 60 days for miscarriage or termination, 120 days for solo parents, and an optional 30-day extension without pay.

Establishments with clinics or infirmaries are required to offer free family planning services.

A benefit given to the dependents of a deceased employee which includes a monthly income benefit plus 10% for each dependent child, up to 5 children, starting with the youngest.

The National Labor Relations Commission is attached to the Department of Labor and Employment (DOLE) for coordination of programs and policies related to labor relations.

Appeals against Labor Arbiter decisions can be filed with the Court of Appeals within 10 calendar days of receiving the decision.

The Bureau of Labor Relations has the authority to act on labor cases on its own initiative or upon the request of either party or both parties.

Unfair labor practices violate the constitutional right of workers and employees to organize and bargain collectively.

Unfair labor practices committed by labor organizations violate the rights of workers and employees. They include activities such as interfering with employees' right to self-organization, causing the employer to discriminate against employees, or using coercion.

Collective bargaining is a process where workers and employers negotiate terms of employment, such as wages, working conditions, and benefits.

The procedure for collective bargaining involves several steps, such as negotiating a contract and settling disagreements through mediation or arbitration.

An employee can choose to leave their job if they experience unbearable conditions imposed by their employer. This includes serious insults, inhumane treatment, or criminal acts by the employer.

This occurs when an employee is forced to retire due to reaching a specific age limit, usually 65 years old, and has worked for a minimum of 5 years at the same establishment.

Retirement benefits for employees who have worked in mining services and reach the age of 60 years old.

A reward system for maintaining an employee's ongoing employment, including both financial and non-financial benefits.

Extra pay for working extra hours beyond the usual 8-hour work day.

A one-time payment given to employees when they leave their jobs, helping to reduce the chance of legal disputes with former employees.

A financial plan that provides employees with a consistent income after they retire, ensuring they have a stable income during their retirement years.

A flexible work schedule where employees work fewer days but for longer hours each day.

This is a short-term allowance that is paid daily, ranging from 10 to 90 pesos. It is provided for a period of 120 continuous days to employees who are unable to work due to temporary injuries or illnesses.

This is a long-term monthly allowance paid to employees who experience disabilities that are lasting more than 120 days, or who have lost their eyesight in both eyes, or have lost or become permanently paralyzed in two limbs, or have experienced a brain injury resulting in imbecility or insanity. This benefit continues until the employee's death, but may be suspended if the employee recovers, takes up gainful employment, or fails to appear for a yearly examination.

This is a monthly allowance paid to employees with disabilities that are not severe enough to prevent them from working completely, but still impact their ability to earn a full income. It has a set schedule based on the type of disability.