Last updated on: August 28th, 2023
The Labor Law in the Philippines is regulated mainly by the Labor Code. The laws govern the terms and conditions of employment such as working hours except for government employees, managerial employees, field personnel, family members of the employer who are dependent for support, domestic help, individuals who provide personal service to others, workers given wages/salary based on the Secretary of Labor regulations.
The constitution, presidential decrees, and executive orders, acts of Congress are the laws that govern holidays and rest periods, wages, overtime, annual leave, special leaves & other employment relationships.
Hours & Pay Regulations
Duration of Annual Leave – An employee who has provided 1 year of service is entitled to yearly service incentive leave of at least 5 calendar days with pay.
Exceptions: This does not apply to employees who have been provided vacation with pay of at least 5 days and those employed in establishments with less than 10 employees, or exclusively exempted from grant of this leave to employees by the Secretary of Labor and Employment. Labor Code of the Philippines, Article 95.
There is no national minimum wage. The daily minimum wage rates vary from region to region.
Please refer to the link for updated minimum wages.
The Labor Code does not provide for sick leave, but employers usually provide this through collective bargaining agreements. Employees who have used up or do not have any sick leave but have made at least 3 months of contributions into the Social Security System in the prior 12 months and whose injury or illness leaves them unable to work for at least 4 days are eligible for the social security sickness benefit.
The sickness benefit pays about 90 % of the average salary for up to 120 days in a calendar year. Republic Act, No. 8282, 1997, § 14.
A pregnant employee is entitled to paid leave for a period of 105 days with an option to extend for an additional 30 days without pay. If the pregnant employee is a solo parent, the leave can be extended for an additional 15 days with full payment. The compulsory leave post-childbirth shall not be less than 60 days.
Women who suffer a miscarriage or have an emergency termination can take up to 60 days of maternity leave with full payment. The Leave shall be taken as a single, uninterrupted period at the time of the child’s birth.
Allocation of maternity leave credits – A female employee can allocate 7 paid days to the child’s father, irrespective of the marital status. In case of death of the female employee or permanent incapacity, the balance of her maternity leave benefits shall accrue to the father of the child or to a qualified caregiver.
Breastfeeding Break – A nursing employee shall be granted paid breaks in addition to the regular time off for meals to breastfeed their child. The duration of the break shall not be less than 40 minutes for every 8 hours of working time including the time which the employee takes to go to the lactation station from the workplace and return back. Republic Act No.11210 § 2 – 9 and 12.
A male employee is entitled to a paid paternity leave for a period of 7 days. The leave can only be used for the employee’s first four children. The married father of the child is entitled to as many as 14 days of paid leave. Republic Act No. 8187 § 2.
Solo parents defined as single parents, parents otherwise left alone with the responsibility of parenthood because of the disability or imprisonment of a spouse or abandonment by a spouse or another family member who alone assumes responsibility for the care of a child are entitled to 7 working days of paid leave a year after their first year of service with an employer. Employers must also accommodate solo parents through such measures as flexible work schedules and cannot discriminate against them. Republic Act No. 8972 § 8.
An employee who is a victim of violence and whose children (under the age of 18) also experience violence shall be entitled to up to 10 working days of paid absence. Republic Act No. 9262.
A woman employee who undergoes surgery caused by gynecological disorders is entitled to a special leave benefit of up to 2 months with full pay, provided the employee has provided continuous aggregate service of at least 6 months in the last 12-month period. Republic Act No. 9710 § 18.