Best Employment Rights Lawyers in Santiago

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NARAG LAW OFFICE

NARAG LAW OFFICE

Santiago, Philippines

Founded in 2015
12 people in their team
You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for...
English

Philippines Employment Rights Legal Questions answered by Lawyers

Browse our 2 legal questions about Employment Rights in Philippines and the lawyer answers, or ask your own questions for free.

employer bounced check due to no fund; blames employee
Employment & Labor
Employment Rights
No. It is not right. 
Retrenchment vs Redundancy
Employer
Employment & Labor
Employment Rights
Wrongful Termination
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About Employment Rights Law in Santiago, Philippines

Employment Rights in Santiago, Philippines, are dictated primarily by the Philippine Labor Code, a legal code that provides a foundation to protect the rights of workers, promote employment and favor human resources. It covers aspects like working conditions, working hours, compensation, benefits, and insurance, and protection against discrimination, workplace harassment, unfair dismissal, and occupational diseases. These laws are enforced in Santiago, just as they are in the rest of the country, by the Department of Labor and Employment (DOLE).

Why You May Need a Lawyer

Navigating the complexities of Employment Rights can be challenging without professional help. If you face disputes with your employer regarding pay, wrongful termination, discrimination, or workplace safety, a lawyer can help argue for your rights and ensure you get fair treatment. If you are an employer, a lawyer can help you understand your obligations and ensure compliance with all relevant laws to maintain a fair and legal working environment and avoid costly legal disputes. Additionally, a lawyer can assist in negotiating or reviewing employment contracts to safeguard your interests.

Local Laws Overview

The Philippine Labor Code sets forth general employment rights, including establishing a 40-hour working week, minimum wage rates, a right to a safe and healthy work environment, and the right to form, join or assist labor unions. Illegal dismissal and non-payment of benefits often result in the most employment-related complaints in Santiago. It is also unlawful to discriminate based on sex, race, color, religion, political opinion, national extraction or social origin. Further important laws in the Labor Code include stipulations on night shift differential, service incentive leave, holiday pay, 13th month pay, and retirement pay.

Frequently Asked Questions

1. What are the standard working hours in Santiago, Philippines?

The standard workweek in Santiago, as in the rest of the Philippines, is 40 hours – typically eight hours per day for five days.

2. What is the minimum wage?

The minimum wage varies depending on the sector and region but is set by the National Wage and Productivity Commission (NWPC).

3. Are employers required to provide health insurance?

Yes, employers must register their employees with the Philippine Health Insurance Corporation (PhilHealth).

4. What remedies are available for wrongful termination?

Employees wrongfully terminated may be entitled to reinstatement without loss of seniority rights, back wages, or separation pay in lieu of reinstatement.

5. Should employers give maternity leave?

The Expanded Maternity Leave Law grants 105 days of paid maternity leave to female workers, with an option to extend for an additional 30 days without pay.

6. Are overtime hours paid extra?

Yes, employees are entitled to a pay rate no less than their regular hourly rate plus a 25% premium.

7. Can employers force employees to work on holidays?

Yes, but employees must be paid twice their daily rate.

8. Is employment discrimination illegal?

Yes, it is illegal to discriminate against employees based on sex, race, color, religion, political opinion, national extraction or social origin.

9. Are employees entitled to a retirement benefit?

Yes, employees who have served at least five years are entitled to retirement pay.

10. Can employees form or join labor unions?

Yes, under Philippine law, all workers, including those employed in Santiago, have the right to form, join, or assist labor unions.

Additional Resources

There are many resources to turn to for further insight on employment rights in Santiago, Philippines. The official website of the Department of Labor and Employment (DOLE) has a wealth of information, as does the Philippine Information Agency which maintains an FAQ on worker's rights. You may also check libraries for handbooks and guides on Philippines employment law.

Next Steps

If you need legal assistance in matters relating to Employment Rights in Santiago, Philippines, you could consider consulting with a legal professional. This may involve hiring a lawyer specialized in employment rights law or consulting with local legal advice bodies and organizations. It's important to prepare all relevant documents, including contracts, payslips, and any correspondence related to your dispute, to present to your lawyer.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.