LRI 2022 Philippines - CLR

Philippines

2022 Score

70.5

Score Increase

2020 Score

62

Rating

Reasonable Access to
Decent Work

Fair
Wages

80

Decent
Working Hours

60

Employment
Security

80

Family
Responsibilities

50

Maternity
at Work

100

Safe
Work

75

Social
Security

80

Fair
Treatment

80

Child &
Forced Labour

75

Trade
Union

25

Fair Wages

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

Decent Working Hours

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

Employment Security

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

Family Responsibilities

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)

Maternity at Work

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

Safe Work

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

Social Security

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

Fair Treatment

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

Child & Forced Labour

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

Trade Union

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