Termination of employment in the Philippines is primarily governed by the Labor Code of the Philippines. There are two main categories of termination: termination by the employer and termination by the employee.

Termination by the Employer

Termination by the employer can be divided into "just causes" and "authorized causes".

Just Causes

Just causes involve serious offenses or misconduct by the employee. Examples include gross negligence of duties, fraud or breach of trust, commission of a crime related to employment, and willful disobedience of employer's lawful orders.

Authorized Causes

Authorized causes refer to grounds for termination not stemming from the employee's fault. These can include business closure or redundancy, installation of labor-saving devices, or serious illness of the employee.

Procedural Requirements

Employers must follow due process when dismissing an employee. This involves a written notice of termination, stating the grounds, served to the employee at least 30 days prior to termination. The employee must be given ample opportunity to defend themselves. In case of just cause termination, the employer must serve a second notice detailing the final decision.

Severance Pay

Employees terminated due to authorized causes are entitled to severance pay. The amount depends on the reason for termination and the employee's length of service.

In the Philippines, several laws exist to prohibit discrimination in employment based on specific protected characteristics.

Protected Characteristics

These laws protect individuals from discrimination on the following grounds:

• Age: Discrimination based on age is prohibited by the Labor Code (Article 135).
• Disability: The Magna Carta for Disabled Persons bans employment discrimination against persons with disabilities (Republic Act No. 7277).
• Ethnicity: The Indigenous Peoples' Rights Act prohibits discrimination against indigenous cultural communities (Republic Act No. 8371).
• Gender Identity and Sexual Orientation: Anti-Discrimination bills are pending but some local ordinances, like in Quezon City, protect against SOGIE-based discrimination.
• Health Status (Including HIV): The Philippine AIDS Prevention and Control Act of 1998 prohibits discrimination against people living with HIV/AIDS (Republic Act No. 8504).
• Race: The Labor Code's general principles and international agreements ratified by the Philippines prohibit race-based discrimination.
• Religion: The Philippine Constitution guarantees freedom of religion.
• Sex: The Labor Code, Magna Carta of Women (Republic Act No. 9710), and Anti-Sexual Harassment Act (Republic Act No. 7877) outlaw sex-based discrimination.

Redress Mechanisms

Victims of discrimination have the following avenues for redress:

• Internal Grievance Procedures: Many companies have internal policies addressing discrimination. Employees can follow these channels.
• Department of Labor and Employment (DOLE): DOLE handles complaints of labor law violations, including discrimination.
• Commission on Human Rights (CHR): The CHR investigates human rights violations, which can include cases of discrimination.
• Courts: Employees may file civil or criminal lawsuits in cases of severe discrimination.

Employer Responsibilities

Employers in the Philippines are required to:

• Create Non-Discriminatory Policies: Establish clear policies prohibiting discrimination and harassment based on protected characteristics.
• Educate Employees: Train employees on anti-discrimination laws and company policies.
• Investigate Complaints: Promptly and thoroughly investigate all allegations of discrimination.
• Take Corrective Action: Implement appropriate disciplinary measures if discrimination is proven, to deter future violations.

In the Philippines, fair working conditions are upheld through the Labor Code and Department of Labor and Employment (DOLE) regulations.

Work Hours and Overtime

The standard workweek in the Philippines is 48 hours, distributed over a maximum of six days. A regular workday is eight hours, with a one-hour lunch break. Work rendered beyond eight hours a day or 48 hours a week is considered overtime. Employees must be compensated with a premium pay of at least 25% of their regular hourly rate for overtime work on an ordinary workday. This increases to 30% for work on rest days and special holidays.

Rest Periods

The law mandates designated rest periods to prevent fatigue and ensure employee well-being. Employees are entitled to a minimum of a one-hour lunch break during the eight-hour workday. Every employee has the right to a 24-hour rest period after every six consecutive working days.

Ergonomic Requirements

While there aren't extensive regulations on ergonomics, DOLE encourages workplace safety and health. DOLE issues Occupational Safety and Health (OSH) standards that indirectly promote ergonomics. These address lighting, ventilation, noise levels, and sanitation in workplaces. DOLE also disseminates information and encourages companies to adopt ergonomic practices to prevent work-related musculoskeletal disorders.

The Philippines has a strong legal framework that prioritizes the well-being of workers by ensuring safe and healthy work environments. The cornerstone of these regulations is the Occupational Safety and Health Standards Act (Republic Act No. 11058).

Employer Obligations

Under the Act, employers have several duties to protect their workforce:

• Safe Workplace Provision: Employers are required to provide a workplace free from hazardous conditions that could cause illness, injury, or death.
• Safety Instructions and Training: Employers are responsible for providing comprehensive work safety instructions and ensuring workers complete mandatory Occupational Safety and Health (OSH) seminars.
• Approved Equipment and Devices: The Act requires the use of only government-approved machinery and equipment within the workplace.
• Personal Protective Equipment (PPE): Employers must provide PPE to protect workers from potential hazards. This includes items like safety glasses, respirators, and harnesses, depending on the work environment.
• Right to Know: Workers have the right to be informed about all potential hazards present in their workplace. This includes receiving training and education on safety risks and procedures.

Employee Rights

The Act also provides employees with rights to protect their health and safety:

• Right to Refuse Unsafe Work: Workers can refuse to perform tasks if they perceive imminent danger situations without fear of retaliation from employers.
• Reporting Hazards and Accidents: Employees have the right to report work hazards, accidents, and dangerous occurrences to their employer, the Department of Labor and Employment (DOLE), and other concerned government agencies. They are protected from any repercussions for such reporting.

Enforcement Agencies

Several government agencies are responsible for enforcing the Occupational Safety and Health Standards Act:

• Department of Labor and Employment (DOLE): The primary agency tasked with implementing and enforcing OSH regulations. DOLE conducts workplace inspections, investigates violations, and imposes penalties.
• Bureau of Working Conditions (BWC): A department within DOLE responsible for developing and implementing OSH policies, standards, and programs.
• Other Government Agencies: Depending on the specific industry and hazards involved, other government bodies like the Department of Health or the Department of Trade and Industry might also play a role in workplace safety enforcement.

By understanding and adhering to these regulations, both employers and employees can contribute to fostering a safe and healthy work environment in the Philippines.