SGD: TYPES OF EMPLOYMENT IN THE PHILIPPINES
Working conditions and rest periods, and hours and work
● Nurses should only work for 6 hours/day 40 hours/week (5 days)
● Some hospitals have 12 hours (4 days of duty only) of duty specially on holidays
ARTICLE 83. NORMAL HOURS OF WORK
● The normal hours of work of any employees shall not exceed 8 hours a day
ARTICLE 85. MEAL PERIOD
● It shall be the duty of every employer to give his employees not less than 60
minutes time off for the regular meals
NIGHT DIFFERENTIAL
● Every employees shall be paid a night shift differential of NOT LESS THAN 10%
of their regular wage for each hour of work between 10 o'clock in the evening
and 6 o'clock in the morning
● 10pm-6am duty or work
OVERTIME WORK
● An additional compensation equivalent to their regular wage plus at least 25%
thereof
UNDERTIME NOT OFFSET BY OVERTIME
● Undertime work on any particular day should not be offset by overtime or any
other day
● Overtime does not fix undertime
EMERGENCY OVERTIME WORK
● When the country is at war
● When it is necessary to prevent loss of life or property
RIGHT TO WEEKLY REST DAY
- It shall be the duty of the employer whether operating for profit or not to provide
each of his employees rest period of not less than 24 consecutive hours after
six consecutive normal working days
ARTICLE 92. WHEN EMPLOYEE MAY BE REQUIRED TO WORK ON REST DAY
- In case of actual or impending emergency caused by serious accidents: fire,
flood, earthquake typhoons,epidemic or other disaster or calamity to prevent loss
of life and property or imminent danger to the public safety
- In cases of urgent work to be performed on the machinery equipment or
installation to avoid serious loss which they employer would otherwise suffice
- In the event of abnormal pressure of work due to special circumstances where
the employer cannot ordinarily be expected to report to other measures
- To prevent loss of damage to personal good
- Where the nature of work requires continuous operations —> even when the
employee is on live or on rest day they will be called to report to work
ARTICLE 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 at least 30% of his regular wage
ARTICLE 94. RIGHT TO HOLIDAY PAY
● The employer may require the employee to work on any holiday but such
employee shall be paid a compensation equivalent to twice his regular rate
THE BASIC RIGHTS OF EMPLOYEES
● Equal work opportunities for all
- The state shall protect labor, promote full employment, provide equal work
opportunity regardless of gender, race, regulate employee-employer
relations
● 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
- Dismissal is not permitted unless there are breach to code of ethics and
rules
● Work days and work hours
- The normal hours of work in a day are eight hours
- An employee must be paid his or her wages for all hours worked
● Weekly rest day
- A day off of 24 consecutive hours after six days of work should be
scheduled by the employer upon consultation with the workers
● Wage and wage-related benefits
- An employer cannot make any deduction from an employee's wage except
for insurance with the consent of the employee
- 1. Pag-ibig, SSS, Phil health
- 2. Gross pay, total salary received before taxes are deducted
- Net pay; total wage when taxes are directly deducted
- Premiums are deducted at the least salary of the month (30%)
● Payment of wages
- Wages shall be paid in cash, legal tender at or near the place of work.
Wages shall be given not less than once every two weeks or thrice within
month at interval no exceeding 10 days
- 15th and 30th day salary
- According to DOLE, salary should not be late but can be given early
● Employment of women
- Night work prohibition unless allowed by the rules
- In industrial undertaking from 10pm-6am
- In commercial/non-industrial undertakings from 12mn-6am
- In agricultural undertakings, at night time unless given not less than nine
consecutive hours of rest
- For pregnant women, a month before they should already file a maternity
leave till 90 days
● Employment of Children
- Minimum employable age is 15 years old. A worker below 15 years of age
should be directly under the sale responsibility of parents or guardians;
work does not interfere with child's schooling or normal development
- For emancipated minors, they are allowed to work since they are
already living independently
● Safe working conditions
- Employer must provide workers with every kind of on-the-job protection
against injury, sickness, or death through safe and healthful working
conditions
- All aspects of the work should be secured at safety [holistic health,
building structure, etc.]
- Protective equipment should provided by the company or employer
● Right to self-organization and collective bargaining
- Right of every worker to form or join any legitimate workers organization,
association or union of his or her own choice
- Labor unions and organizations of employees [they demand their rights
of employees]
● Employees compensation benefits for work-related contingencies
- The employees compensation program is a tax exempt compensation
program for employees and their dependents
✓ medical benefits for sickness or injuries
✓ Health cards
✓ disability benefits
✓ rehabilitation benefits
✓ health and funeral benefits
✓ pension benefits
- government workers highly benefits this
- usually, only the regular workers may experience this benefits
TYPES OF LEAVES
● Vacation leave
- All employees with the exemption of casual workers are entitled of 4
weeks of vacation per year
- This type of leaves is paid
- In some companies if vacation leave is not used it may be converted to
cash
- (Sumpay Dima klaro)
● Parental leave
- All employees are entitled to unpaid parental leave after working for 12
months
- Should be legal spouse
- Leave to attend school meetings of children is an example of unpaid
parental leave
- Female employees are entitled to 90 calendar days of maternity leave
with full pay
- Male employees shall be entitled to 10 working days of paternity leave
with full pay during the period of maternity leave at their legal spouse
● Leave for personal reasons
- If he or she is unfaithful work due to personal illness or injury [sick leave]
✓ Medical certificate should be presented
- Is a member of the employees immediate family suffers a serious injury or
illness or dies [today's paid care leave]
● Study leave
- Study leave shall be granted by the university only on the basis of needs
at the university and interest of staff development
- Usually applicable to teachers and professors
RA. 9173 - THE PHILIPPINE NURSING LAW -
Philippine Nursing Act Of 2002
● Sec. 23 Salary
- The minimum base of nurses working in public health institution shall not
be lower than salary grade 15 prescribed on their ra 6758 otherwise
known as “compensation and classification act of 1989”
- SG 15 = Php 32,000
- Government: entry level nurse I until nurse V and salary is also
increasing
- Not applicable to private hospitals
● Sec. 33
- The BON in coordination with the DOH and other concerned agencies,
association of hospitals and the accredited professional organization shall
establish and incentive and benefit system in the form of
✓ free hospital care for nurses and their dependents
✓ scholarship grants
✓ other non cash benefits
✓ PNA is secreted professional organization of nursing
UNFAIR LABOR PRACTICES
Forced labor
According to the 1L.O Forced Labour Convention,. 1930 (No. 29), forced or
compulsory labour is:
"all work or service which is exacted from any person under the threat of a penalty and
for which the person has not offered himself or herself voluntarily.”
Elements of Forced Labour:
1. Work or service refers to all types of work occurring in any activity, industry or
sector including in the informal economy.
2. Menace of any penalty refers to a wide range of penalties used to compel
someone to work.
3. Involuntariness: The terms"offered voluntarily" refer to the free and informed
consent of a worker to take a job and his or her freedom to leave at any time.
This is not the case for example when an employer or recruiter makes false
promises so that a worker take a job he or she would not otherwise have
accepted
Exceptions to the Definition
Five situations in which compulsory labour may be imposed
1. work of a purely military character exacted in virtue of compulsory military service;
2. normal civic obligations;
3. work or service exacted from any person as a consequence of a conviction in a court
of law carried out under the supervision of a public authority,
4. work exacted in cases of emergency, such as wars or natural calamities, and
5. minor communal services in the direct interest of the community involved
Forced Labor Imposed by the Authorities
The Abolition of Forced Labour Convention No. 105 adopted by the ILO in 1957
primarily concers forced labour imposed by state authorities. It prohibits specifically the
use of forced labour
● As punishment for the expression of political views
● for the purposes of economic development.
● As a means of labour discipline,
● As a punishment for participation in strikes,
● As a means of racial, religious or other discrimination
3 Elements of Trafficking:
1. Acts: Recruitment, transportation, transfer, harbouring or receipt of persons
2. Means: The use of threat or of force or other forms of receiving of coercion, of
abduction, fraud or deception, of the abuse of the power or of a position of vulnerability
are, of the giving or receiving of payments or benefits to achieve the constant of a
person having control over another person.
3. Purpose: Whether this act, using the above means, was conducted for the purpose
of exploitation. The UN Protocol provides that "exploitation' includes "at a minimum, the
exploitation of the prostitution of others or other forms of sexual exploitation, force labor
or services, slavery, servitude or the removal of organs
Philippine Laws Protecting Workers
Provisions ensuring fair compensation, cafe working conditions, and rights to
organization and negotiation.
LABOR CODE OF THE PHILIPPINES
(Presidential Decree No. 442):
● Fair Compensation: Guarantees minimum wage, overtime pay, night shift
differential, and 13th-month pay.
● Security of Tenure: Prevents unjust or illegal dismissal,requiring "just cause" or
"authorized cause" for termination Working Conditions: Mandates state and
healthy work environments, free from hazards.
● Equal Opportunity: Prohibits discrimination based on age,sex, marital status,
pregnancy, disability, and other protected characteristics.
RA 11058: OSH
Strengthening Compliance with Occupational Safety and Health Standards
● Safe Workplace: Requires employers to provide a workplace tree from hazards
that could cause harm or dness.
● Hazard Information and Training: Employers must inform workers about
hazards, risks, and preventative measures.
● Worker Participation: Encourages worker participation in developing and
implementing safety and health programs.
● Occupational Nurses: Trained with BOSH (Basic Occupational Safety and
Health)
CONSTITUTION
● Security of Tenure: Reinforces the principle that employers cannot dismiss
employers without just cause
● Humane Conditions of Work: Ensures that workers are treated fairly and with
dignity in the workplace
Other Relevant Laws
Republic Act No. 10361 (Domestic Workers Act) Protection and welfare of domestic
workers
Republic Act No. 9710 (Magna Carta of Women)Protects women against
discrimination in various areas, including employment
CULTURAL DIVERSITY IN THE HEALTHCARE WORKFORCE
– Presence of individuals from a variety of cultural backgrounds within a healthcare
setting
- This diversity encompasses not only race and ethnicity but also factors tike age,
gender identity socioeconomic status, religion, and other characteristics that shape a
person's identity
- A diverse workforce is crucial for providing culturally competent care that meets the
needs of a diverse patient population
IMPORTANCE OF CULTURAL DIVERSITY IN THE HEALTHCARE WORKFORCE
A. Improved Patient Care
1. Cultural Competence
- Healthcare providers with diverse backgrounds are more likety to possess
cuttural competence, which is the ability to understand and respect the beliefs
and practices of individuals from different cultures
2. Enhanced Communication
- Diversity can lead to better communication and trust-building between patients
and providers, as providers can better understand and respond to the cultural
nuances of their patients
3. Increased Patient Satisfaction:
- When patients feel understood and respected. they are more likely to be satisfied
with their care and adhere to treatment plans
DISPARITIES
Workers should enjoy equal access to employment. some workers encounter barriers
that may put them at a disadvantage (ILO,2016)
Categories of workers are covered:
1. Workers with disabilites
2. Workers living with or affected by HIV or AIDS
3. Pregnant workers and workers with family responsibilities
4. Workers who hold a particular religion or belief
WORKERS WITH DISABILITIES
- Wheelchair user who encounters a building that can only be accessed via steps
- Important to be aware of the diversity of conditions experienced by individuals
with disabilities and the invisible barriers that they may encounter
- Impairments may exist prior to the worker joining the company, or they may arise
during the course of employment. Impairments can result from work-related
injuries or from events outside the workplace (o.g. a car accident unrelated to the
job)
- RA 7277-"Magna Carta for Persons with Disability
- RA 11650-(Inclusive Education Act) address disability in education
- Batas Pambansa Big. 344- (Accessibility Law) ensure physical access for
people with disabilities
WORKERS LIVING WITH OR AFFECTED BY HIV OR AIDS
- In accordance with the ILO HIV and AIDS Recommendation, 2010, (No. 200),
workers living with or affected by HIV or AIDS
- Include those that are living with the virus as well as workers caring for a family
member or other dependent who is living with HIV-related illness
- An HIV-positive individual may be generally fit for work but experience episodic
ill-health. This means that a reasonable accommodation may need to be flexible
- A worker living with HIV might normally perform all her tasks from the office, but
she might seek flexibility to work part of the week from home during periods
where she may be affected by an HIV-related illness or during a period of
adaptation to anti-retroviral
PREGNANT WORKERS & WORKERS WITH FAMILY RESPONSIBILITIES
- Persons with family responsibilities include those who are pregnant or
breastleeding, and those caring lor dependent children or other dependent family
members, such as a parent or sibling. Permit the parent to adjust standard
working hours according 1LO guideline.
- RA 11210- “Expanded Maternity Leave Law”
- RA 10028- “Expanded Breastfeeding Promotion Act of 2009”. This law
mandates that all workplaces establish lactation stations, provide lactation breaks
(at least 40 minutes for every 8-hour work period), and create a breastfeeding
policy
MARKERS WITH A PARTICULAR RELIGION OR BELIEF
- Work and society have often been structured around the culture and practices of
the dominant religious communities in a specific country.
- These can determine the allocation of official, state-recognized national holidays,
the normal day(s) for weekly rest, or workplace dress codes
- It is important to take into account that there are often differences within any
given religion regarding how individual adherents interpret their obligations.
- For instance, some workers are comfortable working any day of the week, while
others are not like Judaism and Seventh-day Adventism observe Saturday as
the Sabbath. Islam observes Friday as a day of worship
CULTURAL DIVERSITY: BENEFITS FOR THE HEALTHCARE SYSTEM
- Reduced Bias: A diverse workforce can help to reduce bias and discrimination in
healthcare
- Innovation and Creativity: Diverse perspectives can lead to more innovative
solutions and approaches to healthcare delivery
- Increased Workforce Retention: A diverse and inclusive environment can lead
to increased employee satisfaction and retention
- Improved Organizational Performance: A diverse workforce can lead to
improved organizational performance and profitability