Philippine Employment 101
By Atty. Jofrank David Riego, JD
Philippine Employment 101 >> Overview
I. General Principles
II.Pre-Employment
III.Labor Standards
IV.Labor Relations
V.Post-Employment
General Principles
Employment 101
General Principles
a. State Policies on Employment
b. Rights Protected under the Bill of
Rights
c. Social Justice and Employment
d. Civil Code Provisions on Employment
General Principles >> State Policies
•Promotion of full employment, a rising
standard of living, and an improved quality
of life
•Affirms labor as a primary social economic
force
•Recognition of the indispensable role of the
Private Sector
General Principles >> Bill of Rights
•Freedom of Speech and to Assemble
•Non-impairment of Contract
•Right to Speedy Disposition of Cases
•Right Against Involuntary Servitude
General Principles >> Social Justice
The State shall afford full protection
of labor, local or overseas,
organized or unorganized, and
promote full employment and
equality of employment
opportunities for all.
General Principles >> Social Justice
(Cont.)
It shall guaranty the rights of all
workers to self-organization,
collective bargaining agreement and
negotiation, and peaceful concerted
activities, including the right to strike
in accordance with law.
General Principles >> Social Justice
(Cont.)
[They] shall be entitled to security of
tenure, humane conditions of work, and
a living wage. They shall also
participate in policy and decision-
making processes affecting their rights
and benefits as may be provided by law.
General Principles >> Social Justice
(Cont.)
The State shall promote the
principle of shared responsibility
between workers and employers
and the preferential use of voluntary
modes of settling dispute xxx
General Principles >> Social Justice
(Cont.)
The State shall regulate the relations
between workers and employers
recognizing the right of labor to just share
in the fruits of production and the right of
enterprise to reasonable returns of
investment, and to expansion and growth.
General Principles >> Civil Code of the
Philippines
Employer-Employee
Relationship is not a mere
contractual obligation but one
imbued with public interest
subject to special law.
Pre-Employment
Employment 101
Pre-Employment
•Employment Contract
•Recruitment and Placement of
Workers
•Employment of Aliens
Labor Standards
Employment 101
Labor Standards
•Conditions of Employment
•Wages
•Leaves
•Special Groups of Employees
Labor Standards >> Conditions of
Employment
a) Coverage
b) Hours of Work
c) Weekly Rest Periods
d) Holidays
e) Service Incentives Leaves
f) 13th Month Pay
Labor Standards >> Wages
a) Payment of Wages
b) Prohibitions Against Wages
c) Non-diminution of Benefits
Labor Standards >> Leaves
a) Service Incentive Leave
b) Maternity Leave
c) Paternity Leave
d) Solo Parent Leave
e) Leave Benefits RA9262, RA9710
Labor Standards >> Special Groups of
Employees
a) Women
b) Minors
c) Kasambahay
d) Homeworkers
e) Night Workers
f) PWDs
Labor Relations
Employment 101
Labor Relations
•Right to Self-Organization
•Bargaining Unit
•Unfair Labor Practice
•Peaceful Concerted Activities
Post-Employment
Employment 101
Post-Employment
•Termination by Employer
•Termination by Employee
•Preventive Suspension
•Money Claims
•Retirement
Post-Employment >> Termination by
Employer
a) Authorized Cause
b) Just Cause
Post-Employment >> Termination by
Employer (Cont.)
Due Process of Law
Post-Employment >> Termination by
Employee
a) Resignation
b) Constructive Dismissal
Post-Employment >> Preventive
Suspension
30-Day Rule
Post-Employment >> Money Claims
a) Purely arising from EER
b) Other Sources
Post-Employment >> Retirement
a) Public Retirement Plan
b) Private Retirement Plan
Education
Atty. Jofrank David Riego, JD
• Juris Doctor Law
Degree (2019)
Make your Alma Mater Proud • Bachelor of Science in
Computer Science
(2015)
Work Experience
• Legal Analyst – REPH
• New Era University
College Professor
• Department of Justice
Prosecutors Office –
Apprentice
• Land Registration
Authority – Programmer
Thank you! Contact Information
•
[email protected] Questions?