What Are The Rights Of A Regular Employee

indexConsistent with the constitutional principle that the state must afford full protection to labor, several rights are conferred to the labor force. Rights are not exclusive to regular employees but are guaranteed more if the employee has gained the status of regular employment.

Security of Tenure

Regular employees are assured of security of tenure as they enjoy permanent employment. Yet permanent employment does not mean never-ending employment because regular employees can also be terminated provided it is for valid reasons and pursuing procedural due process.

Living Wages

To ensure a decent standard of living for the workers and their families, a reasonable living wages should be given to each worker or employee as a right. Wages is reasonable if it meets at least the minimum wage requirement set by the Regional Tripartite and Productivity Board, sector of the government tasked to determine the minimum wage in a respective province.

Normal Hours of Work

An employee is required to work for eight (8) hours every day which period is considered compensable work hours. Every day, every employee shall be given not less than one (1) hour time off for regular meals. Additional rest periods or coffee break from five to twenty minutes shall also be given to the employees without any diminution of their wages.

Any work beyond eight hours shall be considered overtime for which an additional

Right Of Employees To Form Union

may be demanded.

For hours worked between 10 o’clock in the evening and six o’clock in the morning shall be paid night shift differential of at least 10% of the employee’s regular wage.

Rest Day and Holiday

All employees have the right to a weekly rest day. This right is provided by law in keeping with its purpose to provide a safe and healthful condition to labor by giving them time to rest to give relief to a worn out body. Besides, humans are not machines. Even machines somehow need a break. Aside from rest day, the employees can enjoy a time off during holidays either regular or special. Any work performed during rest day and holiday shall be compensable.

Service Incentive Leave

Every employee who has rendered service for at least one year in a company shall be entitled to a leave with pay.

Right to Self-Organization

Since the law promotes a shared responsibility between workers and employers, the workers are given the right to organize themselves into a so-called labor union wherein the voice of the workers may be heard by the employers. In this way, the employees can have the right to participate in the policy making and decision making of the employers especially if it is regarding their rights and benefits. Included in the right to organize is the right to strike and to bargain with the employer.

Right to Due Process

This simply means the right to be heard or to be given a fair and reasonable opportunity to explain one’s side in cases of infraction of the law.

Violation of any of the employee’s rights is reprehensible and condemnable by law.

Right Of Employees To Form Union

Right of employees to form union is one way of affording labor their right to self-organization. Right to self-organization is not only protected by the labor laws but also by the Philippine Constitution, the supreme law of the land.

Section 3 of Republic Act No. 875 provides that employees shall have the right to self-organization and to form, join of assist labor organizations of their own choosing for the purpose of collective bargaining and to engage in concerted activities for the purpose of collective bargaining and other mutual aid or protection.

Whereas the provision only speaks of joining an organization or union, it does not preclude one from abstaining to join a union. The right to join includes the right not to join an organization.

Employees who are members of religious sects whose beliefs do not allow membership in any organization cannot, in any way, be compelled to join one. However, should they manifest willingness to sign up for membership, they cannot be precluded from doing the same.

Any employee may be or may not be affiliated with any employees’ organization. Either way, this should not be used by the employer to discriminate against the employees especially in terms of benefits afforded by law to labor. Or else, this may lead to a case of unfair labor practice committed by the employer.

Right to strike

As one component of the right guaranteed to labor is the right to engage in concerted activities for the purpose of collective bargaining. This includes the employees’ right to strike, picketing or stoppage of work. This is a means for an employee to voice out their demands and grievances to their employer. Yet, holding of a strike must be made in accordance with the requirements laid down by law and the concerned government authorities. Otherwise, the law may hold the employee responsible for the infraction.

Benefits of Joining a Labor Organization or Union

Affiliation with a labor/employee organization or union gives an employee the benefit to bargain collectively with the employer. Usually, what is being bargained are things concerning wages, fringe benefits and other working conditions of the employees.

Most importantly, the labor union where you may be a member can give you representation in case of employment issue with the employer.