Labor unions and strikes: Employers’ nightmare?

Striking workers with raised placards, shouting for increased wages and benefits – this could be the worst scenario that a business owner or employer would not want to see.  These images cause many employers to be afraid.  To them, this could mean lawsuits, suspension of business operations, loss of profits, or even closure of business.  This could be their biggest nightmare.

Why do most employers shy away from the idea of unions, strikes, collective bargaining and related concepts?  It is because they have a mistaken notion about these topics.  They think of a union as troublesome, a nuisance which will only lead to the failure of their businesses.  They also often associate a strike with violence as if it were some sort of a mutiny or an armed attack.  What employers fail to see is that forming unions and participating in strikes are only some ways by which employees exercise their legal right to express their sentiments about their working conditions.  If only employers would listen well, they could constructively see it as a form of an evaluation on how they are running their businesses.  If people are given their correct wages, as well as fair and reasonable working conditions, they will not go on strike.  And there would not be a need to form unions, which are precisely meant for negotiating or bargaining for terms and conditions of work.  Simply put, if they are satisfied and happy, they will not complain. Read more

Legal requirements for employing minors in the Philippines

All work and no play makes Juan dela Cruz a dull “boy.”   Our boys and girls are supposed to be playing and schooling, not working.  This is perhaps what lawmakers had in mind when they crafted laws protecting minors who are employed.  Thus, even if our laws allow minors to work, it is subject to stringent requirements.   Employers are required to comply with the minimum hours of work specifically applicable to minors.  It is also a must to provide favorable facilities and services, especially unhindered access to education.   Most importantly, the express consent of the parents or guardians and the child is necessary.  All of these are aimed at promoting the “best interest” of the child. Read more

Philippine laws for women at work

Through the years, women have always been regarded as inferior to men. Tagged as the weaker sex, women strived to achieve a better place in Philippine society. From the struggle for the right to vote and to the right to engage in male-dominated occupations, women have shown that they can be as good, even better, contributors to society’s progress.

In recognition of women’s important role in our nation’s development, our lawmakers have passed several laws addressing their problems and protecting their rights against abuse and discrimination. Notably, in the field of labor law, women are considered as a special category of employees. Their working conditions are treated in a separate chapter in the Labor Code (Chapter I, Title III, Book III).  They are given special benefits and privileges to address the historical problem of women being subjected to unfavorable conditions of work. Read more

Philippine labor laws that employers must know

Knowing laws on labor and employment is vital to one’s business because a minor violation could lead you to big trouble. Most employers, especially those who do not have legal counsel, violate these laws usually not because they intend to, but because of sheer ignorance. Unfortunately, ignorance of the law does not excuse them from complying with it. Companies have closed shop after their employees slapped them with labor suits which ended up with these companies paying huge amounts of money representing unpaid wages or benefits and damages. To avoid being in the same situation, the following are relevant laws which you should always bear in mind as you go about your business and deal with your employees: Read more

Overtime pay laws and computation in the Philippines

Man is not a machine. At the end of the day, he has to rest to rejuvenate and prepare himself for tomorrow’s work. That is why labor standard laws in many countries set up maximum hours of work for employees. In the Philippines, our Labor Code fixed the maximum at eight (8) hours a day (see Article 83, Labor Code of the Philippines) for six consecutive work days (Article 91, LCP). If the employee works beyond eight hours, the employer is required to pay an additional compensation equivalent to the employee’s regular wage plus at least twenty-five percent (25%) of such regular wage. The rate is increased to thirty percent (30%) if the worker renders overtime on a holiday or rest day. (Article 87, LCP).   Read more