CHAPTER I – PRE-IMMERSION
Learning Competencies:
At the end of the chapter, you as the learner should be able to:
a. Understands work immersion by discussing expected behavior in a workplace; and
b. Appreciates the expected behavior in a workplace.
LESSON 3. WORKPLACE RIGHTS AND RESPONSIBILITIES
1. LABOR CODE OF THE PHILIPPINES
The Labor Code of the Philippines governs employment practices and labor relations in the Philippines. It also identifies
the rules and standards regarding employment such as pre-employment policies, labor conditions, wage rate, work hours,
employee benefits, termination of employees, and so on. Under the regime of the President [Ferdinand Marcos], it was
promulgated in May 1. 1974 and took effect November 1, 1974, six months after its promulgation.
2. PRE-EMPLOYMENT
Minimum employable age
The minimum age for employment is 18 years old and below that age is not allowed. Persons of age 15 to 18 can be
employed given that they work in non-hazardous environments.
Overseas employment
As for overseas employment of Filipinos, foreign employers are not allowed to directly hire Philippine
nationals except through board and entities authorized by the Secretary of Labor. Travel agencies also cannot transact or help in
any transactions for the employment or placement of Filipino workers abroad. Once Filipinos have a job in a foreign country, they
are required to remit or send a portion of their income to their families, dependents, and/or beneficiaries in the Philippines.
Regulations and conditions on employment
Minimum wage rate
Minimum wage rates in the Philippines vary from region to region, with boards established for each region to monitor economic
activity and adjust minimum wages based on growth rates, unemployment rates, and other factors. The minimum wage rate for Non-
Agriculture employees, in Manila region, established under Wage Order No. NCR 15 is P404 per day, but in May 9, 2011, a (cost of
living allowance) of P22 per day was added to P404 wage, making the minimum wage P426. COLA wasalso added to the previous
P367 minimum wage for the following sectors: Agriculture, Private Hospitals (with bed capacity of 100 or less), and manufacturing
establishments (with less than 10 workers), leaving the sectors with P389 as minimum wage. The 426 combined rate is locally referred
to in the Philippines as "Manila Rate" due to this regional disparity.
Regular work hours and rest periods
Normal hours of work - The normal hours of work of any employee shall not exceed eight (8) hours a day. Health personnel in cities
and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one
hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except
where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they
shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. For
purposes of this Article, "health personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social
workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic
personnel.
Meal periods- Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer
to give his employees not less than sixty (60) minutes time-off for their regular meals.
Rest days
All employees have the right to have a 24 consecutive hours of rest day after every 6 days of work. Employers are responsible for
determining and scheduling the rest day of employees except only if the employee prefers a different day based on religious grounds.
However, the employer may require an employee to work during his/her rest day in cases of emergencies, special circumstances at
work in which employees are seriously needed, to prevent losses or damage to any goods or to the employer, and other cases that have
reasonable grounds.
Nightshift differential and overtime
Employees are also given additional wages for working in night shifts. The night shift starts from 10 o’clock in the
evening until 6 o’clock in the morning, and employees will receive 10% more of his/her regular wage rate. Overtime work for
employees (beyond 8 hours) are allowed and workers shall be paid with his/her regular wage plus an additional 25% of the regular
wage per hour worked or 30% during holidays or rest days.
Household helpers
Household helpers, or maids, are common in the Philippines. Household helpers deliver services at the employer’s home, attending to
the employer’s instructions and convenience. The minimum wage of household helpers is P800 per month for some cities in Metro
Manila, while a lower wage is paid to those outside of Metro Manila. However, most household helpers receive more than the
minimum wage; employers usually give wages ranging from P2, 500 and above per month. On top of that, employers are required to
provide food, sanitary lodging, and just treatment to the household helper.
3. POST- EMPLOYMENT
Termination by employer
The employer has the right to terminate an employee due to the following reasons: serious misconduct or disobedience to
the employer, neglect of duties or commission of a crime by the employee, and such gives the employer a just case to terminate
the services of the employee.
Retirement
The retirement age for an employee depends on the employment contract. Upon retirement, the retired employee should
be given his/her benefits according to the agreement or contract between the employer and the employee. However, if there is no
existing retirement plan or agreement for the employee, he/she may retire at the age of 60, given that he/she has served the
employer for 5 years, and shall be given a retirement pay of at least half a month’s salary for every year of service (6 months of
work given is considered as 1 whole year for the retirement pay).
POST ACTIVITY FOR LESSON 3:
Interview a friend or a relative who is already working or has undergone work immersion. Ask them the
following questions and write their answers in your worksheet.
1. In your current work environment, how are the regulations on regular work hours, rest periods, and rest days
implemented? Can you share any insights into how employers handle scheduling rest days, especially considering
the provision that allows employees to choose a different day based on religious grounds? Additionally, how does
your organization address emergency situations that may require employees to work during their designated rest
days?
