70.5
62
Reasonable Access to
Decent Work
80
60
80
50
100
75
80
80
75
25
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §61, 75, 80, 98,99, 120, 121, 122, 123, 124, and 143 of the Labour Code, 1974 |
| Does the law require regular payment of wages? | Yes | 1 | §97, 103, 104 and 113 of the Labour Code, 1974; Presidential Decree No 851 of 1976 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §87 of the Labour Code, 1974 |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §91-94 of the Labour Code, 1974 |
| Does the law require additional compensation for night work? | Yes | 1 | §86 of the Labour Code, 1974 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §82, 83, 84, 87, 88 and 89 of the Labour Code, 1974 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | No applicable legal provisions could be located |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | §82 & 91 of the Labour Code, 1974 |
| Does the law require paid public holidays? | Yes | 1 | §94 of the Labour Code, 1974; Proclamation No 269 of 2017 |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §82 & 95 of the Labour Code, 1974 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §295 & 296 of the Labour Code, 1974; §1193 of the Civil Code of the Philippines 1949 |
| 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 |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | No | 0 | §295 of the Labour Code, 1974 |
| Does the law require a 30-day notice before 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 |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | Yes | 1 | §298 and 299 of the Labour Code, 1974; DOLE D.O. 147-1 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | §3 & 8 of the Solo Parents’ Welfare Act 2000 (Republic Act No. 8972) |
| 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) |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | Telecommuting Act (Republic Act No. 11165) |
| 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) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | Yes | 1 | §6 of Law that Prohibits Discrimination Remuneration between Men and Women, 2017 (No. 30709) |
| Does the law require paid 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 |
| Does the law require cash maternity benefit be at least 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) |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | 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) |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §135 of the Labour Code, 1974 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | Rule 1080-1087 of the OSH Standards 1989; OSH Standards Act (Republic Act No. 11058, 2017) |
| Does the law require the employer 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) |
| 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 |
| Does the law provide for employment injury benefit? | Yes | 1 | Workmen Compenation Act 1925; §197-199 of the Labour Code, 1974; ISSA Country Profile for the Philippines |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | §12 and 12-B of the Social Security Act 2018 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §12-A and 13 of the Social Security Act 2018 |
| Does the law provide for unemployment benefit? | Yes | 1 | §14-B of the Social Security Act 2018; §4-C1 of the Bayanihan to Recover as One Act (No. 11494, 2020) |
| Does the law require paid sick leave for the first 6 months of sickness? | No | 0 | §14 of the Social Security Act 2018; ISSA Country Profile for the Philippines |
| Does the law provide for invalidity benefit? | Yes | 1 | §13-A of the Social Security Act 2018 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §133 and 303 of the Labour Code, 1974 |
| 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) |
| 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 |
| Does the law allow women to do the same jobs as men? | Yes | 1 | No restrictive legal provisions could be located |
| Does the law guarantee basic labour protections for gig economy workers? | Yes | 1 | §9-A of the Social Security Act 2018; Republic Act No. 8282, 1997; ISSA Country Profile for the Philippines |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §137 of the Labour Code, 1974; §12 of the Special Protection of Children Act,1992 |
| 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 |
| Does the law prohibit the employment of children 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) |
| Does the law prohibit forced labour? | Yes | 1 | §4 and 5 of the Expanded Anti-Trafficking in Persons Act, 2012 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §3 & 13, Constitution 1987; §218, 219, 253-257 & 269, Labour Code 1974; USDOS CRHRP 2021 |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §251, 259-272 of the Labour Code, 1974 |
| Does the law provide for the right to strike? | No | 0 | §263 of the Labour Code, 1974 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | No | 0 | §264 & 272 of the Labour Code, 1974 |
