Page 410 - PARAMETER B

WORKERS’ BASIC RIGHTS AND DUTIES

A. Security of Tenure

Every employee shall be assured of their Security of Tenure. No employee can be dismissed from work

except for a just/authorized cause and only after due process.
Just cause refers to any wrong doing committed by an employee including:

1. Serious misconduct.

2. Wilful disobedience of employer’s lawful orders connected to work
3. Gross and habitual neglect of duty
4. Fraud or wilful breach of trust
5. Commission of crime or offence against employer, employer’s family members or
Representatives.
7. Other analogous cases
Authorized cause refers to an economic circumstance not due to employer’s fault including:

1. Introduction of labor saving devices
2. Redundancy
3. Retrenchment or prevent losses
4. Closure or cessation of business
Due process in cases of just cause involves:
1. Notice to employee of intent to dismiss and grounds of dismissal.
2. Opportunity for employee to explain his or her side.
3. Notice of decision to dismiss
In authorized causes, due process means written notice of dismissal to the employee specifying the

grounds for dismissal at least 30 days before the date of termination.

B. Work Days and Work Hours

Work day refers to any day during which an employee is regularly required to work. Hours of work refer to

all the time an employee renders actual work, or is required to be on duty or to be at a prescribed
workplace.

1. Normal hours of work in a day is 8 hours including breaks or rest period less than one hour, but

Excludes meal periods which shall not be less than one hour.
2. Exceptions:

a. Government employees
b. Managerial employees
c. Domestic helpers
d. Workers paid by results
e. Officers/members of a managerial staff

-f. Field personnel
g. members of employer’s family
3. Compensable working hours:

a. Time when an employee suffered or permitted to work.
b. Time when employee is required to be on duty, or at the employer’s premises or at a prescribed

workplace.
c. Time when an employee engaged to wait by the employer