Labor Code: How To Know if Your Rights Are Being Violated
by Anne Marielle Eugenio, March 18, 2020 7:54am
art by Dani Elevazo
We all know that once we’ve become part of a company, we need to abide with the rules of the company. This is not to earn the “employee of the month” award, but to have a smooth relationship with your employer. But how can you tell if the employer’s crossing the line when it comes to the “rules” of labor?
Companies have violated their employees’ rights and their workforce have no clue about it. We still have issues about contractualization or “endo,” unfair compensation, inhumane work hours, and termination without due process. Sometimes, the employees, especially in the rank-and-file positions, are being abused without them knowing it. We’re here to remind everyone of the forgotten rights of the workforce.
Have you encountered companies that discriminate against applicants? That is against the law. Our labor code says employers should give equal opportunities regardless of race, gender, or religion. For instance, the management shouldn’t terminate a female employee because she got married. Both male and female should have the same rights and equal compensation.
Security of Tenure
It would be devastating if our boss would tell us that we’re terminated without knowing why. The law prohibits all companies to dismiss any employee without a just cause (basically company misconducts) and without due process. Should the person be terminated, the management should inform them ahead of time, at least 30 days before their last day in employment.
Sometimes, our job becomes our world that we forget the things and people that really matter. Without proper care for our well-being, our job can take a toll on our health and relationships. This is why the government limits an employee’s working hours to eight hours a day—if they exceed, they are entitled to overtime pay. Companies are also mandated to give their people breaks and a minimum day-off of 24 consecutive hours. This will ensure the productivity of the workforce.
For those working in the National Capital Region, the minimum wage is 537php per hour. Anything lower than that is injustice. The amount can only be adjusted if the hours rendered are shorter or longer than the usual working time. Wages should be paid in cash or legal tender at or near the place of work. Salary should also be given at least once every two weeks, not exceeding 16 days in interval.
Safe Working Conditions
Once you’ve engaged with an employer, it is their responsibility to give you on-the-job protection and give you a safe place to work. There are hazardous jobs like those in the mining and construction industry. The employer should pass the Occupational safety and health (OSH) standards to ensure protection and security.
Rights to Self-Organization
No employer should prevent a person from joining a union if they want to. As long as the group is a legitimate organization or union for the purpose of collective bargaining, they are free to join starting from the first day of their tenure.
These are the rights that we often forget but we should exercise. The next time you see an injustice in your workplace, whether about work hours, compensation, or discrimination, you can report it to the Department of Labor and Employment so these unjust practices can stop. We should know our value as an employee and as a person.
This article is based on the Labor Code.