Labor Code of the Philippines

The Labor Code of the Philippines is the legal code governing employment practices and labor relations in the Philippines. It was enacted through Presidential Decree No. 442 on Labor day, May 1, 1974, by President Ferdinand Marcos in the exercise of his then extant legislative powers.[1]

The Labor Code sets the rules for hiring and firing of private employees; the conditions of work including maximum work hours and overtime; employee benefits such as holiday pay, thirteenth-month pay and retirement pay; and the guidelines in the organization and membership in labor unions as well as in collective bargaining. The prevailing labor code allows the typical working hour to be 8 hours a day, i.e. 48 hours a week with the provision that at least a day should be allowed to the workers as weekly off.[2][3] The minimum age allowed for employment is considered 15 years in the Philippines, unless the individuals are working under direct supervision of their parents.[4]

The Labor Code contains several provisions which are beneficial to labor. It prohibits termination of employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code.[5] The right to self-organization of a union is expressly recognized, as is the right of a union to insist on a closed shop.

Strikes are also authorized for as long as they comply with the strict requirements under the Code, and workers who organize or participate in illegal strikes may be subject to dismissal. Moreover, Philippine jurisprudence has long applied a rule that any doubts in the interpretation of law, especially the Labor Code, will be resolved in favor of labor and against management.

The Labor Code has been amended numerous times since it was first enacted. The most significant amendment was brought about by the passage of Republic Act (R.A.) No. 6175, which was enacted on March 2, 1989, under the administration of President Corazon Aquino. R.A. 6715 is also known as the Herrera Law and was authored by Senator Ernesto Herrera.[6] Senator Leticia Ramos Shahani also introduced amendments to strengthen prohibitions against discrimination against women.[7]

Subsequent amendments were also introduced under the administration of President Fidel V. Ramos.[8][9]

  1. ^ "Presidential Decree No. 442, s. 1974". Official Gazette of the Republic of the Philippines. May 1, 1974. Retrieved 21 February 2024.
  2. ^ Commerce, United States Bureau of Foreign (1955). Investment in Philippines: Conditions and Outlook for United States Investors. U.S. Government Printing Office.
  3. ^ "Hiring Employees in The Philippines | Employment Guide". NNRoad. 2018-12-21. Retrieved 2020-12-16.
  4. ^ Philippines Land Ownership and Agricultural Laws Handbook Volume 1 Strategic Information and Basic Laws. Int'l Business Publications USA. June 2015. ISBN 978-1-4387-5976-0.
  5. ^ "Labor Code of the Philippines | Bureau of Labor Relations". Retrieved 2020-12-16.
  6. ^ Roxas Mendoza, Psyche (April 30, 2017). "The Labor Movement: Impact of Herrera law after 28 years, part 1". Business Mirror. Retrieved 2018-04-04.
  7. ^ Ramos Shahani, Lila (October 3, 2012). "The status of women in the Philippines: a 50-year retrospective". GMA News Online. Retrieved 2018-04-04.
  8. ^ Roxas Mendoza, Psyche (April 30, 2017). "The Labor Movement: Impact of Herrera law after 28 years, part 2". Business Mirror. Retrieved 2018-04-04.
  9. ^ "Speech of President Ramos at the Labor Day Celebration with the Labor Groups, May 1, 1998". Official Gazette of the Republic of the Philippines. Retrieved 2018-04-04.