ASSUMPTION POLYTECHNIC COLLEGE OF SOUTHERN MINDANAO

Prk. 4, Sta. Marina, Brgy. Tigatto, Davao City

Tel No. 225-0720 – 23 local 2011 Agdao Campus, 2013 Tigatto Campus
[email protected]

WORK IMMERSION
MODULE 3

WORKPLACE RIGHTS AND RESPONSIBILITIES

What this module is about

Every worker has the right to a safe workplace, but they also have responsibilities to keep their own
workplaces safe. It is important to understand your workplace rights and responsibilities in regards to pay and
conditions, health and safety and workplace bullying.

After going through the module, you are expected to:

1. Discuss employer’s right and responsibilities;

2. Discuss employee’s right and responsibilities; and
3. Showcase understanding on workers’ basic rights.

Lesson 1: EMPLOYER’S and EMPLOYEE’S RIGHTS AND

RESPONSIBILITIES

EMPLOYER’S RIGHT AND EMPLOYEE’S RIGHT AND

RESPONSIBILITIES RESPONSIBILITIES
 To expect employees’ co-operation  To work in a safe environment
on Health and safety matters
 To expect work to be carried out to  To receive training appropriate to the
required standard job role
 To expect punctuality  To be provided with protective clothing
if necessary
 To expect regular attendance  To receive minimum wage
 To expect appropriate behavior in  To cooperate on Health and safety
the workplace issues
 To provide appropriate training  To inform employer if unable to come
to work
 To provide protective  To take reasonable care of own safety
clothing/equipment and training on and that of others
how to use it
 To ensure equal opportunities  To come to work on time
 To provide employee facilitates (ex.
Rest area)

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  To pay at least minimum wage and
to provide a written pay slip

Lesson 2: THE WORKERS’ BASIC RIGHTS

The State shall protect labor, promote full employment, provide equal work opportunity regardless of
gender, race, or creed; and regulate employee-employer relation.

Male and female employees are entitled to equal compensation for work of equal value and to equal
access to promotion and training opportunities. Discrimination against female employees is unlawful. It is also
unlawful for an employer to require a condition of employment that a woman employee shall not get married, or
to stipulate expressly or tacitly that a woman employee shall be deemed dismissed upon marriage.

The minimum age of employment is 18 years for hazardous jobs, and 15 years for non-hazardous jobs.
But a child below 15 maybe employed by parents or guardians in a non-hazardous job if the employment does
not interfere with the child’s schooling.

SECURITY OF TENURE

Every employee shall be assured security of tenure. No employee can be dismissed from work except for
a just or authorized cause, and only after due process.

Just Cause refers to any wrongdoing committed by an employee including:

1. Serious misconduct
2. Willful disobedience of employer’s lawful orders connected with work
3. Gross and habitual neglect of duty
4. Fraud or willful breach of trust
5. Commissions of crime or offense against the employer. Employer’s family member/s or
representative
6. Other analogous cases

Authorized Cause refers to an economic circumstance not due to the employee’s fault, including:
1. The introduction of labor-saving devices
2. Redundancy
3. Retrenchment to prevent losses
4. Closure or cessation of business

Due Process in cases of just cause involves:

1. Notice to employee of intent to dismiss and grounds for dismissal
2. Opportunity for employee to explain his or her side
3. Notice of decision to dismiss
In authorized causes, due process means written notice of dismissal to the employee specifying the
grounds, at least 30 days before the date of termination.

The inability of a probationary employee to meet the employer’s prescribed standards of performance
made known to him or her at the time of hiring is also a just cause for dismissal.

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 WORKDAYS AND WORK HOURS

Workday refers to any day during which an employee is regularly required to work. Hours of Work refer
to all the time an employee renders actual work or is required to be on duty or to be at a prescribed workplace.
The normal hours of work in a day is 8 hours. This includes breaks or rest period of less than one hour, but
excludes meal periods, which shall not be less than one hour.

An employee must be paid his or her wages for all hours worked. If all or any part of his or her regular
work hours falls between 10:00 p.m. to 6:00 a.m., a covered employee shall be entitled to a night shift pay in
addition to his or her pay for regular work hours. If he or she works for more than 8 hours in one day, he or she
shall be entitled to overtime pay.

WEEKLY REST DAY

A day-off of 24 consecutive hours after 6 days of work should be scheduled by the employer upon
consultation with the workers.

WAGE AND WAGE-RELATED BENEFITS

Wage is the amount paid to an employee in exchange for a task, piece of work, or service rendered to
an employer. This includes overtime, night differential, rest day, holiday and 13 th month pay. It also includes
the fair and reasonable value of board, lodging and other facilities customarily furnished by the employer.

Wage may be fixed for a given period, as when it is computed hourly, daily or monthly. It may also be
fixed for a specified task or result. If wage is for a fixed period, the minimum wage for a regular 8-hour workday
shall not be lower than the minimum daily wage applicable to the place of work as determined by the Regional
Tripartite Wage and Productivity Board having jurisdiction over workplace.

If wage is paid by result, the worker shall receive at least the prescribed minimum wage for 8 hours of
work. The amount may be increased or reduced proportionately if work is rendered for more or less than 8
hours a day.

An employer cannot make any deduction from an employee’s wage except for insurance premiums with
the consent of the employee, for union dues, or for withholding taxes, SSS premium and other deductions
expressly authorized by law.

PAYMENT OF WAGES

Wages shall be paid in cash, legal tender at or near the place of work. Payment may be made through a
ban upon written petition of majority of the workers in establishments with 25 or more employees and within
one (1) kilometer radius to a bank. Payment shall be made directly to the employees.

Wages shall be given not less than once every two (2) weeks or twice within a month at intervals not
exceeding 16 days.

EMPLOYMENT OF WOMEN

Night work prohibition unless allowed by the rules:

 In industrial undertakings from 10pm to 6am
 In commercial/non-industrial undertakings from 12mn to 6am
 In agricultural undertakings, at nighttime unless given not less than 9 consecutive hours of rest

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 Welfare facilities must be installed at the workplace such as seats, separate toilet rooms, lavatories, and
dressing rooms.

EMPLOYMENT OF CHILDREN

Minimum employable age is 15 years. A worker below 15 years of age should be directly under the sole
responsibility of parents or guardians; work does not interfere with child’s schooling/normal development.

No person below 18 years of age can be employed in a hazardous or deleterious undertaking.

SAFE WORKING CONDITIONS

Employers must provide workers with every kind of on-the-job protection against injury, sickness or death
through safe and healthful working conditions.

Jobs may be hazardous or highly hazardous. Hazardous jobs are those which expose the employee to
dangerous environment elements, including contaminants, radiation, fore, poisonous substances, biological
agents and explosives, or dangerous processes or equipment including construction, mining, quarrying,
blasting, stevedoring, mechanized farming and, operating heavy equipment.

RIGHT TO SELF-ORGANIZATION AND COLLECTIVE BARGAINING

The right to self-organization is the right of every worker, free of any interference form the employer or
from government, to form or join any legitimate worker’s organization, association, or union of his or her own
choice. Except those classified as managerial or confidential employees, all employees may form or join
unions for purposes of collective bargaining and other legitimate concerted activities. An employee eligible for
membership in an appropriate union on the first day of his or her employment.

Collective Bargaining involves two parties:

1. The representative of the employer
2. A union duly authorized by the majority of the employees within a bargaining unit called exclusive
bargaining agent.

It is a process where the parties agree:

1. To fix and administer terms and conditions of employment which must not be below the minimum
standards fixed by the law.
2. To set a mechanism for resolving their grievances

EC BENEFITS FOR WORK-RELATED CONTINGENCIES

The Employee’s Compensation Program is the tax-exempt compensation program for employees and
their dependents created under Presidential Decree No. 626 which was implemented in March 1975. The
benefits include:
 Medical benefits for sickness/injuries
 Disability benefits
 Rehabilitation benefits
 Death and funeral benefits
 Pension benefits


References ---------------------------------------------------------------
Work Immersion Workbook by Wacks Venzon - issuu
https://www.wscc.nt.ca/claim-services/claim-workers/workers-rights-responsibilities

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