1.

DECENT WORK HIGHLIGHTS OF THE ILO'S WORK

sums up the aspirations of people in their 1. Better Work
working lives
set up in 2009 – improved conditions in
involves opportunities for work that is: factories
productive and delivers a fair income, 2. Employment
security in the workplace and social employment creation, poverty reduction
protection for all, and local economic
better prospects for personal and social development.
development and social
3. Child labor
integration,
conformation to the ILO’s child labor
freedom for people to express their Conventions
concerns,
4. Safety and Health for all
organize and participate in the decisions
giving priority to low and middle-income
that affect their lives and
countries, high-risk
equality of opportunity and treatment for
sectors, and workers in vulnerable
all women and men.
conditions
5. Social Protection
DECENT WORK AND THE SUSTAINABLE
ensure universal access to essential
DEVELOPMENT GOALS health care
UN General Assembly in September 2015 income security
Four strategic pillars of Decent Work 6. Employment intensive investment
Agenda
employment creation, poverty reduction
1. employment creation and local economic
2. social protection and social development.
3. rights at work; and
4. social dialogue DECENT WORK INDICATORS
And how to measure it?
2030 Agenda for Sustainable multifaceted nature of work
Development
What makes work decent?
Goal 8:
combining rights at work
promotion of sustained, inclusive and
with social protection and
sustainable economic growth, full and
productive employment and decent work, promotion of social dialogue
decent work - embedded in 16 goals complex task
decent work - significance to crisis
recovery and sustainable development.
DECENT WORK INDICATORS
ILO Framework Work Indicators permanent, temporary, contract), and
the terms and
•covers ten substantive elements
corresponding to the four conditions of their employment (e.g.
salary, benefits, working
strategic pillars of Decent Work Agenda
hours).
1. employment opportunities
Types of employment:
2. adequate earnings and productive
work (1) regular;
3. decent working time (2) casual;
4. combining work, family and personal (3) project;
life
(4) seasonal;
5. work that should be abolished
(5) fixed-term; and
6. stability and security of work
(6) probationary.
7. equal opportunity and treatment in
employment
Regular Employment
8. safe work environment
when the employee performs activities
9. social security
considered necessary
10. social dialogue, employers’ and
and desirable to the overall business
workers’ representation
scheme of the
employer
2. NATURE & CONDITIONOF
EMPLOYMENT
Casual Employment
refers to the specific characteristics or
Labor Code - considers as regular
type of work
employment a casual
arrangement that an individual has with
arrangement when the casual
their employer
employee’s engagement has
important for both employers and
lasted for at least one year, regardless of
employees to ensure
the engagement’s
clarity and compliance with relevant
continuity.
labor laws and
controlling test - length of time during
regulations.
which the
2. NATURE & CONDITIONOF
employee is engaged
EMPLOYMENT
includes details such as whether the
Project Employment
individual is a full-time
employment has been fixed for a specific
or part-time employee, their employment
undertaking whose
status (e.g.
completion or termination has been Probationary Employment
determined at the time of
•undergo a trial period to determine
the engagement of the employee employee’s fitness based
employee’s services are coterminous on reasonable standards made known
with the project, the
•Where no standards are made known to
services of the project employees are the employee at
legally and
that time, he shall be deemed a regular
automatically terminated upon the end or employee.
completion of the
•shall not exceed six (6) months
project.

3. WORKING CONDITIONS & REST

Seasonal Employment PERIODS
•work or service to be performed for the Book Three – Conditions of Employment,
duration of the P.D. 442, Labor
season Code
•may also be considered regular apply to employees in all establishments
employees and undertakings
•Regular seasonal employees - work from but not to government employees,
time to time managerial employees,
•during the off-season, they are field personnel, members of the family of
temporarily laid off the employer who
•regular employment because of the are dependent on him for support,
nature of their job, not domestic helpers, persons
because of the length of time they in the personal service of another, and
worked workers who are paid
by results.
Fixed-term Employment
valid when: Book Three – Conditions of Employment,
P.D. 442, Labor
(A. knowingly and voluntarily agreed
upon without any force, Code
duress, or improper pressure being Title I – Working Conditions and Rest
brought to bear upon Periods
the employee and absent any other “managerial employees” – managing the
circumstances vitiating establishment
his consent; or “Field personnel” - non-agricultural;
perform their duties away
B. dealt with more or less equal terms
from the branch office; actual hours of
work cannot be
determined Rest periods of short duration during
working hours shall be counted as hours
3. WORKING CONDITIONS & REST worked.
PERIODS
normal hours of work = shall not exceed
eight (8) hours a
day.
“health personnel” - resident physicians, Meal Periods
nurses, nutritionists,
duty of every employer to give his
dieticians, pharmacists, social workers, employees not less than sixty (60)
laboratory minutes time-off for their regular meals
technicians, paramedical technicians, Night-Shift Differential
psychologists,
not less than ten percent (10%) of his
midwives, attendants and all other regular wage for each
hospital or clinic
hour of work performed between ten
personnel. o’clock in the evening
3. WORKING CONDITIONS & REST and six o’clock in the morning.
PERIODS
Health personnel in cities and
Overtime Work.
municipalities with a population of at
least one million (1,000,000) or in additional compensation equivalent
hospitals and clinics with a bed capacity regular wage plus at
of at least one hundred (100) shall hold
regular office hours for eight (8) hours a least twenty-five percent (25%) thereof
day, for five (5) days a week, exclusive of Work performed beyond eight hours on a
time for meals, except where the holiday or rest day
exigencies of the service require that
such personnel work for six (6) days or shall be paid an additional compensation
forty-eight (48) hours, in which case, they equivalent to the
shall be entitled to an additional rate of the first eight hours on a holiday
compensation of at least thirty percent or rest day plus at
(30%) of their regular wage for work on
the sixth day. least thirty percent (30%) thereof.
3. WORKING CONDITIONS & REST Undertime Not Offset by Overtime
PERIODS
Not allowed
Hours Worked
(a) all time during which an employee is
Emergency Overtime Work – ay be
required to be on
required to perform
duty or to be at a prescribed workplace;
overtime work in any of the following
and
cases:
(b) all time during which an employee is
1. country is at war or when any other
suffered or
national or local
permitted to work.
emergency has been declared subject to collective bargaining
agreement and rules and
2. necessary to prevent loss of life or
property or in case of regulations; preference based on
religious grounds.
imminent danger to public safety due to
an actual or 1. actual or impending emergencies
caused by serious
impending emergency in the locality
caused by serious accident, fire, flood, typhoon,
earthquake, epidemic or other
accidents, fire, flood, typhoon,
earthquake, epidemic, or disaster or calamity to prevent loss of life
and property, or
other disaster or calamity;
imminent danger to public safety;
3. urgent work to be performed on
machines, installations, or 2. urgent work to be performed on the
machinery, equipment,
equipment, in order to avoid serious loss
or damage to the or installation, to avoid serious loss which
the employer
employer or some other cause of similar
nature; would otherwise suffer;
4. necessary to prevent loss or damage 3. abnormal pressure of work due to
to perishable goods; special circumstances,
and where the employer cannot ordinarily be
expected to resort
5. completion or continuation of the work
started before the to other measures;
eighth hour is necessary to prevent 4. 5. prevent loss or damage to
serious obstruction or perishable goods;
prejudice to the business or operations of requires continuous operations and the
the employer. stoppage of work
Any employee required to render may result in irreparable injury or loss to
overtime work under this the employer; and
Article shall be paid the additional 6. other circumstances
compensation

Compensation for Rest Day, Sunday

WEEKLY REST DAY
or Holiday Work .
Right to Weekly Rest Day
1. Employee is permitted to work on his
1. a rest period of not less than twenty- scheduled rest day - additional
four (24) consecutive compensation of at least thirty percent
(30%) of regular wage; work performed
hours after every six (6) consecutive on Sunday when it is his rest day.
normal work days.
2. Employee has no regular workdays
2. employer shall determine and and no regular rest days can be
schedule the weekly rest day scheduled, shall be paid an additional
compensation of at least thirty percent HOLIDAYS, SERVICE INCENTIVE
(30%) of his regular wage for work LEAVES,
performed on Sundays and holidays.
AND SERVICE CHARGES
3. Work on any special holiday, additional
Right to Service Incentive Leave
compensation of at least thirty percent
(30%) of the regular wage; holiday work 1. at least one year of service - entitled
falls on the employee’s scheduled rest to a yearly service
day, shall be entitled to an additional
compensation of at least fifty per cent incentive leave of five days with pay.
(50%) of his regular wage. 2. shall not apply to those who are
4. collective bargaining agreement (CBA) already enjoying the
or other applicable employment contract benefit herein provided, those enjoying
stipulates the payment of a higher vacation leave with
premium pay than that prescribed
pay of at least five days and those
employed in
HOLIDAYS, SERVICE INCENTIVE establishments regularly employing less
LEAVES, than ten
AND SERVICE CHARGES employees or in establishments
Right to Holiday Pay. exempted from granting

1. except in retail and service this - considering the viability or financial

establishments regularly condition of such

employing less than ten (10) workers; establishment.

2. require an employee to work on any HOLIDAYS, SERVICE INCENTIVE

holiday with LEAVES,

compensation equivalent to twice his AND SERVICE CHARGES

regular rate; and Service Charges
HOLIDAYS, SERVICE INCENTIVE LEAVES, hotels, restaurants and similar
AND SERVICE CHARGES establishments shall be

Right to Holiday Pay. distributed at the rate of:

3. “holiday” includes: New Year’s Day, 85% for all covered employees
Maundy Thursday, 15% for management
Good Friday, the ninth of April, the first of equally distributed among them.
May, the twelfth
4. WAGES
of June, the fourth of July, the thirtieth of
November, the remuneration or earnings, expressed in
terms of money,
twenty-fifth and thirtieth of December
and the day whether fixed or ascertained on a time,
task, piece, or
designated by law for holding a general
election. commission basis, or other method of
calculating the
same, which is payable by an employer coupons, tokens, tickets, chits, or any
to an employee object
under a written or unwritten contract of check or money order
employment for
Place of Payment
work done or to be done, or for services
at or near the place of undertaking
rendered or to be
PAYMENT OF WAGES
rendered and includes the fair and
reasonable value, as Time of Payment
determined by the Secretary of Labor at least once every two (2) weeks or
and Employment, of
twice a month at intervals not exceeding
board, lodging, or other facilities sixteen (16) days
customarily furnished by the
force majeure or circumstances beyond
employer to the employee. the employer’s
MINIMUM WAGE RATES control
Regional Minimum Wages pay the wages immediately after such
force majeure or
prescribed by the Regional Tripartite
Wages and Productivity circumstances have ceased
Boards. No employer shall make payment less
than once a month
Prohibition Against Elimination or
Diminution of Benefits WORKING CONDITIONS FOR SPECIAL
prohibited GROUPS OF EMPLOYEE
Payment by Results Employment of Women
includes pakyao, piecework, and other Facilities for Women – ensure the safety
non-time work and health of women
MINIMUM WAGE RATES employees
Direct Payment of Wages seats to use when they are free from
work and during
direct to the workers, except:
working hours
force majeure - paid through another
person under separate toilet rooms and lavatories and
dressing room;
written authority
nursery in a workplace; and
worker has died - paid to the heirs
without intestate appropriate minimum age and other
standards for retirement
proceedings.
or termination in special occupations
PAYMENT OF WAGES
WORKING CONDITIONS FOR SPECIAL
Forms of Payment
GROUPS OF EMPLOYEE
No payment by means of promissory
notes, vouchers, Maternity Leave Benefits
rendered at least six (6) months for the promotion, training opportunities, study
last twelve (12) and scholarship
months; at least two (2) weeks prior to grants solely on account of their sexes.
the expected date of
WORKING CONDITIONS FOR SPECIAL
delivery and another four (4) weeks after
GROUPS OF EMPLOYEE
normal delivery or
Prohibited Acts
abortion
Deny woman employee the
extended without pay on account of
illness unless she has discharge such woman on account of her
pregnancy, or
earned unused leave credits
while on leave or in confinement due to
employer pay only for the first four (4)
her pregnancy;
deliveries
discharge or refuse the admission of such
WORKING CONDITIONS FOR SPECIAL
woman upon
GROUPS OF EMPLOYEE
returning to her work for fear that she
Family Planning Services may again be
maintain a clinic or infirmary shall pregnant.
provide free family
WORKING CONDITIONS FOR SPECIAL
planning services
GROUPS OF EMPLOYEE
Stipulation Against Marriage
Employment of Minors
upon getting married, a woman
Minimum Employable Age - Not child
employee shall be deemed
below fifteen (15) years
resigned or separated, or to actually
of age except under the sole
dismiss, discharge,
responsibility of his parents or
WORKING CONDITIONS FOR SPECIAL
guardian, and his employment does not
GROUPS OF EMPLOYEE in any way interfere
Discrimination Prohibited - The following with his schooling.
are acts of
between fifteen (15) and eighteen (18)
discrimination: years of age may be
Payment of a lesser compensation, employed for such number of hours
including wage, salary or stipulated in the Labor
other form of remuneration and fringe Code
benefits, to a female
below eighteen (18) years of age
employee as against a male employee, undertaking which is
for work of equal
hazardous or deleterious in nature
value; and
WORKING CONDITIONS FOR SPECIAL
Favoring a male employee over a female
GROUPS OF EMPLOYEE
employee -
Employment of Night Workers
Women Night Workers. – alternative to
night work is available
to women
Before and after childbirth, for a period of
at least sixteen
(16) weeks,;
For additional periods, are necessary for
the health of the
mother or child:
WORKING CONDITIONS FOR SPECIAL
GROUPS OF EMPLOYEE
Employment of Night Workers
1. During pregnancy;
2. specified time beyond the period, after
childbirth