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Browse our 6 legal questions about Employment Rights in Philippines and the lawyer answers, or ask your own questions for free.
The employment rights in Dasmarinas are governed by the Department of Labor and Employment (DOLE), and adhere to the Labor Code of the Philippines. They effectively cover rules and regulations regarding working conditions, compensation and benefits, health and safety, and equal employment opportunities, among others. As a condition to employment, employees are entitled to security of tenure, humane conditions of work, and a living wage. They also have the right to self-organization, collective bargaining, and peaceful concerted activities, including the right to strike.
One may need a lawyer in situations of employment disputes, wrongful termination, workplace discrimination, or non-compliance of employers with the Labor Code such as unpaid wages and benefits. If you feel your rights as an employee have been infringed, or if you are an employer who needs assistance with employment-related legal matters, you might need a lawyer specializing in labor laws to help navigate through the legal complexities.
The local laws adhere to the Labor Code of the Philippines providing comprehensive protection to workers. It comprehensively covers rules about hours of work, which should not exceed eight hours a day, setting minimum wage rates, ensuring entitlement to overtime pay, and mandating rest days. It also safeguards against termination without just cause or due process, ensures workers' rights to a safe and healthy work environment, and upholds their rights to form, join, and participate in labor unions.
'Just Cause' for dismissal can include serious misconduct, willful disobedience, gross negligence, fraud, and others as defined by the Labor Code of the Philippines
'Due Process' in termination involves a notice and hearing process where an employee gets a chance to be heard and defend themselves before being dismissed.
Severance pay, known as separation pay, is mandated by the local law if the termination is due to authorized causes such as a company's installation of labor-saving devices, retrenchment, or closure of business not due to serious business losses or financial reverses.
Yes, employers must register their employees to the Philippine Health Insurance Corporation (PhilHealth) for health insurance benefits.
If violation of employment rights is suspected, one can file a complaint with the Department of Labor and Employment or contact an employment rights lawyer for legal advice.
The Department of Labor and Employment (DOLE), the Philippine Health Insurance Corporation's website for health benefits information, the Philippine Overseas Employment Administration for overseas employment issues, and the Commission on Human Rights for workplace harassment or discrimination could all be helpful resources.
If legal assistance is needed in cases related to employment rights, one should consult a lawyer specializing in labor laws. One can reach out to local bar associations or legal assistance organizations to find a suitable lawyer. In addition, one can also directly contact the relevant departments like DOLE for assistance or further clarification.
