Ayaw’g padaug-daug; know your rights, Sugboanons!
The latest marketing reel of a rising food brand received backlash from Netizens after it was seen that an employee was requested to render work during lunch hours. This then led to the public questioning the Labor Code while others were tagging the Department of Labor and Employment (DOLE) in the comments section.
With that issue at hand, we’ve gathered three relevant regulations that you, as an employee, must take note, for your specific rights:
LABOR ADVISORY NO. 17 Series of 2022
Suspension of work in the private sector by reason of weather disturbances and similar occurrences.
Our safety should be a priority, regardless of what type of work is being carried out. Gratefully, we have a labor code addressing that especially in cases where intermittent weather conditions are factors to consider. So, to stay updated, check out typhoon alerts such as when specific storm signals are raised that could endanger your life as you travel to and from work.
Also, NO, you shouldn’t be sanctioned due to your absence in cases of typhoons and storms. According to the advisory’s Section 3, “Employees who fail or refuse to work by reason of imminent danger resulting from weather disturbances and similar occurrences shall not be subject to any administrative sanction.” Therefore, corrective actions and warnings should not greet you at your cubicle once you report back to work.
LABOR CODE ARTICLE 85
ARTICLE 85. Meal Periods. – Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals.
Imagine working for 8 hours straight, without any breaks in-between; regardless of the pay, it’ll sooner take a toll on your being. This is why the Article 85 of the Labor Code, along with the Book III of the Omnibus Rules Implementing the Labor Code Section 7 Rule 1, requires employers to allocate an hour time-off for regular meals. Although shorter meal periods are allowed, such as a 20-minute duration, it should be a minimum of 2 short breaks per day.
And as an employee, you should realize and keep in mind that break times are there to help you with yourself. You deserve a break, and so it is acceptable to speak up as well as decline tasks during your allotted lunch.
LABOR CODE CHAPTER IV PROHIBITIONS REGARDING WAGES
Art. 117. Deduction to ensure employment. It shall be unlawful to make any deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment.
Yes, we have taxes and a lot of other statutory deductions, but, it doesn’t mean that employers can just immediately deduct an amount from your salary; they need your consent! This includes damages, losses, and other claims, and each agreed deduction should be documented and justified with your signature on it.
If the deduction was without proper authorization, employees have the right to contest and seek resolution for the actions of the employer.
Understanding your rights under the Labor Code of the Philippines is important, Sugboanons, especially since our city and nation is highly improving in terms of employment. So, if you encounter issues, then it’s time to raise your concerts and assert your rights for a better and positive working environment.