Employees Right to Self-Organization

The 1987 Constitution guarantees the worker’s right to self-organization, collective bargaining and negotiations, as well as peaceful concerted activities.[1]

In line therewith, the Labor Code provides that all private employees have the right to self-organization and to form, join or assist labor organizations of their own choosing for purpose of collective bargaining.[2]

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Prohibitions Regarding Wages

The employer is prohibited from limiting or otherwise interfering with the freedom of any employee to dispose of his wages.[1] These rules are in consonance with the policy to ensure greater protection of wages.[2]

Further, the employer is prohibited, in any manner, to force, compel, or oblige his employees to purchase merchandise, commodities or other property from any other person, or otherwise make use of any store or service of such employer or any other person.[3]

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Retirement Pay

The employee may be retired upon reaching the retirement age established in the employment contract, CBA, or company policy.[1] If there is no retirement plan or agreement, an employee may be retired upon reaching the age of 60 years (optional) or more but not beyond 65 years old (mandatory) provided he/she has served at least five years in the establishment.[2]

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Separation Pay

Separation pay is given to employees whenever the cause of termination of employment is attributable to authorized causes,[1] as well as in cases where employment of an employee who initiated a labor complaint is no longer feasible due to strained relations.[2]

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13th Month Pay

All employers are required “to pay their rank-and-file employees 13th month pay, regardless of the nature of their employment and irrespective of the methods by which their wages are paid, provided they worked for at least 1 month during a calendar year.”[1] It must be given not later than December 24 of every year.[2]

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Special Leave for Women

Regardless of age and civil status, a special leave for women is granted to any female employee who has underwent surgery for gynecological disorders.[1]

Gynecological disorders refer to “disorders that would require surgical procedures such as, but not limited to dilation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as certified by a competent physician,” and includes “hysterectomy, ovariectomy and mastectomy.”[2]

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VAWC Leave

The term “violence against women and their children” refers “to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.”[1]

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