Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 442)
Presidential Decree No. 442 is officially known as the "Labor Code of the Philippines."
The Labor Code took effect six months after its promulgation on May 1, 1974.
The State shall protect labor, promote full employment, ensure equal job opportunities regardless of sex, race or creed, and regulate employer-employee relations. It guarantees rights to self-organization, collective bargaining, security of tenure, and just and humane working conditions for workers.
In cases of doubt in the implementation or interpretation of the Labor Code, all doubts shall be resolved in favor of labor.
The Department of Labor and other government agencies charged with its administration and enforcement are responsible for promulgating the necessary implementing rules and regulations.
Yes, agricultural workers are covered under the Labor Code and shall enjoy the rights and benefits granted by the Code to non-agricultural workers in addition to those conferred by the Code of Agrarian Reforms.
The normal hours of work for any employee shall not exceed eight hours in a day.
Any work performed beyond eight hours a day shall be paid an additional compensation equivalent to the regular wage plus at least 25% of such wage.
Violators may be punished with a fine ranging from P1,000 to P10,000 and/or imprisonment for the duration of the violation or non-compliance until the violation is rectified, at the discretion of the appropriate authority.
Unfair labor practice is an administrative offense involving acts that interfere with employees' rights to self-organization or collective bargaining, encompassing unfair acts by employers or labor organizations processed like ordinary labor disputes.
The Commission is headed by a chairman representing the public and includes two members representing workers and two members representing employers.
They have the right to act as exclusive representatives of employees in collective bargaining, to sue and be sued, and to own property for the benefit of their members among other activities lawful and beneficial to the organization and its members.
Employers cannot terminate employees without just cause or as authorized by law, and unjustly dismissed employees are entitled to reinstatement without loss of seniority and payment of back wages.
Grounds include closure or cessation of operations, serious misconduct, gross neglect, fraud, commission of a crime against the employer, or other analogous causes.
Pregnant female employees with at least six months of service are entitled to at least two weeks leave before and four weeks leave after delivery or abortion with full pay, applicable for the first four deliveries after the Code’s effectivity.
No child below fourteen (14) years of age shall be employed, except under the sole responsibility of a parent or guardian and if the work is non-hazardous and does not interfere with schooling.
Wages shall be paid in legal tender at least once every two weeks or twice a month at intervals not exceeding sixteen days. Payment by promissory notes or coupons is prohibited.
Nonresident aliens must obtain an employment permit from the Department of Labor, which is issued only when no Filipino worker is competent, able and willing to perform the job.
They must have a license issued by the Department of Labor, minimum capitalization, post bonds for compliance, and abide by fee schedules; operation of private fee-charging agencies is to be phased out within four years.