68
70.5
62
Limited Access to Decent Work
80
60
80
50
100
75
80
80
75
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §61, 75, 80, 98,99, 120, 121, 122, 123, 124, and 143 of the Labour Code, 1974 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §97, 103, 104 and 113 of the Labour Code, 1974; Presidential Decree No 851 of 1976 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §87 of the Labour Code, 1974 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §91-94 of the Labour Code, 1974 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §86 of the Labour Code, 1974 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §82, 83, 84, 87, 88 and 89 of the Labour Code, 1974 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §82 & 91 of the Labour Code, 1974 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §94 of the Labour Code, 1974; Proclamation No 269 of 2017 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §82 & 95 of the Labour Code, 1974 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §295 & 296 of the Labour Code, 1974; §1193 of the Civil Code of the Philippines 1949 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §1193 of the Civil Code of the Philippines 1949; §295 of the Labour Code | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | §295 of the Labour Code, 1974 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §135-137, 279, 297-300 of the Labour Code, 1974; DOLE D.O. 147-15; §32 of the Republic Act No. 7277 of 1992 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §298 and 299 of the Labour Code, 1974; DOLE D.O. 147-1 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | §3 & 8 of the Solo Parents’ Welfare Act 2000 (Republic Act No. 8972) | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §2, 3 and 5 of the Paternity Leave Act of 1996 (Republic Act No. 8187) | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | Telecommuting Act (Republic Act No. 11165) | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §130 of the Labour Code, 1974; §11-12 of the Expanded Breastfeeding Promotion Act of 2009 (Republic Act No. 10028) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §6 of Law that Prohibits Discrimination Remuneration between Men and Women, 2017 (No. 30709) | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §131 of the Labour Code, 1974; §14-A of the Social Security Law (R.A. No. 1161); Republic Act No. 11210 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §131 of the Labour Code, 1974; §14-A of the Social Security Act, 2018; 105-day Expanded Maternity Leave Law (R.A. 11210) | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §131 of the Labour Code, 1974; §14-A of the Social Security Act, 2018; 105-day Expanded Maternity Leave Law (R.A. 11210) | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §135 of the Labour Code, 1974 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | Rule 1080-1087 of the OSH Standards 1989; OSH Standards Act (Republic Act No. 11058, 2017) | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | Rule 1030, 1093, 1948 and 1961 of the OSH Standards 1989; OSH Standards Act (Republic Act No. 11058, 2017) | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | No | 0 | §130 of the Labour Code, 1974 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Workmen Compenation Act 1925; §197-199 of the Labour Code, 1974; ISSA Country Profile for the Philippines | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §12 and 12-B of the Social Security Act 2018 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §12-A and 13 of the Social Security Act 2018 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §14-B of the Social Security Act 2018; §4-C1 of the Bayanihan to Recover as One Act (No. 11494, 2020) | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §14 of the Social Security Act 2018; ISSA Country Profile for the Philippines | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §13-A of the Social Security Act 2018 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §133 and 303 of the Labour Code, 1974 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §2-5 & 7 of the Republic Act No. 7877 of 1995 (Anti-Sexual Harassment Act); §16 of the Safe Spaces Act (No. 11313 of 2018) | No Change |
| Does the law prohibit discrimination in employment matters? | No | 0 | §3, 118, 132-135, 138, 257, 259, of the Labour Code, 1974; Republic Act 7277, 1992; §8 of Republic Act 10911 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | No restrictive legal provisions could be located | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | §9-A of the Social Security Act 2018; Republic Act No. 8282, 1997; ISSA Country Profile for the Philippines | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §137 of the Labour Code, 1974; §12 of the Special Protection of Children Act,1992 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §4 of the Enhanced Basic Education Act, 2012 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §137 of the Labour Code, 1974; §12-D & 14 of the Special Protection of Children Act, 1992 (53-55) | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §4 and 5 of the Expanded Anti-Trafficking in Persons Act, 2012 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §3 & 13, Constitution 1987; § 234 of the Labour Code 1974; USDOS CRHRP 2023 (Philippines); ITUC Global Rights Index 2024 (Philippines profile) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §231 of the Labour Code, 1974; ITUC Global Rights Index 2024 (Philippines profile) | Score adjusted because of availability of a legal source |
| Does the law provide the right to strike? | No | 0 | §263 of the Labour Code, 1974 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | §264 & 272 of the Labour Code, 1974 | No Change |