basic rights of workers

7/28/2019 Basic Rights of Workers

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BASIC RIGHTS OF WORKERS:

1. SECURITY OF TENURE: Workers cannot be dismissed without just and authorized cause and due

process.

Workers shall be made regular after 6 months probation.2. Hours of work:

Normal working hours of 8 hrs a day. Meal and rest period: meal break of less than 1 hr and short rest periods shall

be considered compensable working time.

3. 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.

4. Wage and wage-related benefits: Minimum wage in the region. Holiday pay: 1 day for every regular holiday even if unworked subject to

certain conditions.

Premium pay for work within 8 hours on a:-special or rest day: plus 30 percent of basic daily rate(bdr);

-rest day falling on a special day: plus 50 percent of bdr;

-rest day falling on a regular holidays: plus 30 percent of 200 percent of bdr;

* overtime pay for work in excess of 8 hrs on:

-ordinary days: plus 25 percent of the basic hourly rate;

-special days, rest days and holidays: plus 30 percent of the regular hourly rate on said

days;

* Nightshift differential pay: plus 10 percent of the basic/regular rate for work between

10pm-6am.

* Service incentive leave: 5 days with pay per year of service.

* Service charges: 85 percent for distribution to rank-and-file employees; 15 percent for

losses, breakages or distribution to managerial employees(applicable only in

establishments collecting service charges.

*13th-month pay: 1/12 of the total basic salary earned within the calendar year.

* Paternity leave: 7 days with full pay to attend to needs of legal wife

before/during/after delivery.


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* Separation pay: Minimum of month pay for every year of service for authorized

causes of separation.

* Retirement pay: 22.5 days salary for every year of service for optional retirement at

60 under RA 7641 or under applicable agreement or for compulsory retirement at age

65.

* For underground mine employees, optional retirement at 50 under RA 7641 as

amended by RA 8558; compulsory at 60.

5. Payment of wages:

* Wages shall be paid in cash, legal tender at or near the place of work;

* Payment may be made through a bank upon written petition of majority of the

workers in establishments with 25 or more employees and within one kilometer radius

to a bank;

* Payment shall be made directly to the employees;

* Wages shall be given not less than once every two weeks or twice within a month at

intervals not exceeding 16 days.

* Preference of workers money claims over government and other credi tors in case of

bankruptcy or liquidation of business;

* Labor-only contracting is prohibited and the contractor is considered merely as anagent of the employer.

6. Employment of women:

* Nightwork prohibition unless allowed by the rules in :

-industrial undertakings from 10pm to 6am;

-commercial/non-industrial undertakings from 12MN to 6am;

-agricultural undertakings, at night time unless given not less than 9 consecutive hours

of rest.

*Welfare facilities at the workplace such as seats, separate toilet rooms, lavatories,

dressing rooms.

* Prohibition against discrimination with respect to pay, promotion, training

opportunities, study and scholarship grants.


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basic rights of workers

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