Consistent 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.
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.