Decent Work and

Employment &
Transcultural Nursing
Decent Work and Employment &
Transcultural Nursing

JESSICA G. DUPITAS-COLLADO
Topic 1: Definition of Decent Work
Decent work is employment that "respects
the fundamental rights of the human person as
well as the rights of workers in terms of
conditions of work safety and remuneration,
respect for the physical and mental integrity
of the worker in the exercise of his/her
employment."
 Decent work is applied to both the formal and informal sector.
It must address all kind of jobs, people and families.
According to the International Labour Organization (ILO),
decent work involves opportunities for work that are
productive and deliver a fair income, security in the
workplace and social protection for families, better prospects
for personal development and social integration, freedom for
people to express their concerns, organize and participate in
the decisions that affect their lives and equality of opportunity
 and treatment for all women and men [2]
Four Objectives of ILO’s Decent Work
Agenda
1. To create jobs.
This first and foremost objective requires
an economy that is capable of generating
investment opportunities, gives impetus to
entrepreneurship, promotes skill
development and provides sustainable
livelihoods.
2. To provide guarantee in worker’s rights
and rights at work.

This is for the workers to be able to get

recognition and respect at work. It is particularly
important that workers who belong to the poor or
disadvantaged category are able to represent,
participate and practice good laws which are in
favor of their interests and not against them.
3. To extend social protection to workers of all
categories.
Inherent to this objective is the concern that all workers (men
and women) are able to enjoy safe working conditions and are
allowed to take rest and get free time by promoting 24 Decent
Work: Concept, Theory and Measurement productivity and
inclusion in the work ethics. Equally important is to take into
consideration the family and social values of the workers and
to have a mechanism that provides adequate compensation to
a worker whenever there is a loss or reduction in income and
lack to access to adequate health care.
  
4. To help workers in resolutions of conflicts
and promotion of social dialogue.
It is interesting to note that poor people are better aware of the
importance, benefits and need to negotiate and know that dialogues can
help in peacefully solving problems. Social dialogue between workers
and employer’s organizations helps in increasing productivity and sense
of belonging towards workplace and may even help in identifying
mutual problems beforehand and thus avoid disputes at work. Social
dialogue also helps in building societies which are cohesive and intact.
Promoting dialogue and conflict resolution—people in poverty
understand the need to negotiate and know dialogue is the way to solve
problems peacefully. Social dialogue, involving strong and independent
workers’ and employers’ organizations, is central to increasing
productivity and avoiding disputes at work and to building cohesive
societies.
Topic 2: Nature and Conditions of
Employment
 Types of Employment in the Philippines

1. Regular or Permanent Employment.

Regular or Permanent Employment is when an employee
performs activities that are usually necessary or desirable
in the usual business or trade of the employer. They enjoy
the benefit of security of tenure provided by the
Philippine Constitution and cannot be terminated for
causes other than those provided by law and only after
due process is given to them.
 Under Article 281 of the Labor Code of the
Philippines, the maximum length of
probationary employment shall be six (6)
months, and is counted from the date an
employee started working
2.Term or Fixed Employment.
It is when the employee renders service for a
definite period of time and the employment
contract must be terminated after such period
expires.
3.Project Employment.
Project Employment is defined when an employee is
hired for a specific project or undertaking and the
employment duration is specified by the scope of work
and/or length of the project. A project employee may
acquire the status of a regular employee when they are
continuously rehired after the completion of the project
or when the tasks, they perform are vital, necessary and
indispensable to the usual business or trade of the
employer
4. Seasonal Employment.
Seasonal Employment is when the work to
be performed is only for a certain time or
season of the year and the employment is
only for that duration. This type is common
practice to Retail, Food and Beverage,
Hospitality and other related industries as
augmentation to their workforce to cover for
the demand during peak seasons.
5. Casual Employment.
There is Casual Employment when an
employee performs work that is not usually
necessary or primarily related to the
employer’s business or trade. The definite
period of employment should be made
known to the employee at the time they
started rendering service.
Topic 3: Working Conditions & Rest
Periods, Hours of Work, Salary and
Wages and Benefits.
 managerial employees-“managerial employees” refer to those whose primary duty consists
of the management of the establishment in which they are employed or of a department or
subdivision thereof, and to other officers or members of the managerial staff.

 Field personnel-” shall refer to non-agricultural employees who regularly perform their
duties away from the principal place of business or branch office of the employer and whose
actual hours of work in the field cannot be determined with reasonable certainty.
Art. 83. Normal hours of work.
The normal hours of work of any employee
shall not exceed eight (8) hours a day.
Art. 85. 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.
 Night shift differential. Every employee shall be paid a
night shift differential of not less than ten percent (10%) of
his regular wage for each hour of work performed between
ten o’clock in the evening and six o’clock in the morning.

 Overtime work. Work may be performed beyond eight (8)

hours a day provided that the employee is paid for the
overtime work, an additional compensation equivalent to
his regular wage plus at least twenty-five percent (25%)
thereof. Work performed beyond eight hours on a holiday
or rest day shall be paid an additional compensation
equivalent to the rate of the first eight hours on a holiday
or rest day plus at least thirty percent (30%) thereof.
 Undertime not offset by overtime.

Undertime work on any particular day shall not

be offset by overtime work on any other day
Emergency overtime work. Any employee may be
required by the employer to perform overtime work in
any of the following cases
When the country is at war or when any other national or
local emergency has been declared by the National
Assembly or the Chief Executive;

When it is necessary to prevent loss of life or property or in

case of imminent danger to public safety due to an actual or
impending emergency in the locality caused by serious
accidents, fire, flood, typhoon, earthquake, epidemic, or
other disaster or calamity;
When there is urgent work to be performed on
machines, installations, or equipment, in order to avoid
serious loss or damage to the employer or some other
cause of similar nature;

When the work is necessary to prevent loss or damage

to perishable goods; and

Where the completion or continuation of the work

started before the eighth hour is necessary to prevent
serious obstruction or prejudice to the business or
operations of the employer.
 Art. 90. Computation of additional compensation.

For purposes of computing overtime

and other additional remuneration as
required by this Chapter, the “regular
wage” of an employee shall include the
cash wage only, without deduction on
account of facilities provided by the
employer
 Right to weekly rest day.

It shall be the duty of every employer,

whether operating for profit or not, to
provide each of his employees a rest
period of not less than twenty-four
(24) consecutive hours after every six
(6) consecutive normal work days.
Art. 92. When employer may require work
on a rest day. The employer may require his
employees to work on any day:
 In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon,
earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent
danger to public safety;
  
 In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid
serious loss which the employer would otherwise suffer;
  
 In the event of abnormal pressure of work due to special circumstances, where the employer
cannot ordinarily be expected to resort to other measures;
  
 To prevent loss or damage to perishable goods;

 Where the nature of the work requires

continuous operations and the stoppage of work
may result in irreparable injury or loss to the
employer; and

 Under other circumstances analogous or similar

to the foregoing as determined by the Secretary
of Labor and Employment.
 Art.93. Compensation for rest day, Sunday or
holiday work.

 When an employee is made or permitted to work

on his scheduled rest day, he shall be paid an
additional compensation of at least thirty percent
(30%) of his regular wage. An employee shall be
entitled to such additional compensation for work
performed on Sunday only when it is his
established rest day.
Art. 94. Right to holiday pay
The employer may require an employee to
work on any holiday but such employee
shall be paid a compensation equivalent to
twice his regular rate
Art. 95. Right to service incentive
leave.

Every employee who has rendered at least one
year of service shall be entitled to a yearly service
incentive leave of five days with pay.
Salary and Wages
 Art. 99. Regional minimum wages.

 Art. 100. Prohibition against elimination or diminution of benefits.

 Art. 101. Payment by results.

The Secretary of Labor and Employment shall regulate the payment of wages by
results, including pakyao, piecework, and other non-time work, in order to ensure
the payment of fair and reasonable wage rates, preferably through time and motion
studies or in consultation with representatives of workers’ and employers’
organizations
Payment of Wages
 Art. 102. Forms of payment.
Payment of wages by check or money

Art. 103. Time of payment.

Wages shall be paid at least once every two (2) weeks or twice a month at
intervals not exceeding sixteen (16) days.