TYPES OF

EMPLOYMENT
AND ARTICLES
COVERING WORK
CONDITIONS
by: GROUP 9
ARTICLE 281 OF THE LABOR
CODE OF THE PHILIPPINES
 ARTICLE 281 OF THE LABOR CODE OF
THE PHILIPPINES

Probationary employment
a trial period during which an employee's
performance and fit within a company are
assessed.
The maximum length of the probationary period is 6
months and counted from the date the employee
started working.
It may exceed 6 months if:
• apprenticeship agreement stipulates a longer
period
• just for a cause
• fails to qualify as a regular employee in
 types of
employment

Terms and Fixed

Employment
involves an employee providing It is subject to strict regulations,
services for a specified including:
duration, with the contract • Must be voluntarily agreed
upon without coercion.
ending once that period is over.
• Both parties should engage
on relatively equal terms
without undue influence.
 types of
employment
• not automatically entitled to become
regular employees
⚬ their job is tied to the project,
Project Employment not to ongoing company
refers to a type of employment operations.
where a worker is hired to ￭ Vaccination drive
complete a specific project or ￭ Medical mission
￭ Health Survey
task with a definite end date.
￭ Covid-19
Once the project is finished, the
ResponseTeam/Contact
worker’s contract also ends.
Tracers
 types of
employment

Seasonal Employment
is when the work to be performed
These jobs typically last for a few
is only for a certain time or
months and are needed
season of the year and often due
during peak seasons.
to changes in demand or weather
conditions.
 types of
employment
If an employee has worked for at
least one year in the same
company, even in a casual
Casual Employment employment role, they will be
It occurs when an employee considered a regular employee for
performs work that is not their specific activity and will continue
usually necessary or primarily to work as long as that activity exists.
related to the employer’s • Nursing assistants
business or trade. • Home care aides
• Administrative Staff
LABOR
CODE
 Night Shift
Article 87
• Night work is defined as work performed between 10
p.m. and 6 a.m.
• shall work at least seven consecutive hours per
LABOR •
night.
Employers must provide
CODE ⚬ free health assessments
⚬ If a night employee is unable to work night shifts for
at least six months due to health reasons, they
should receive the same benefits as those unable to
work due to illness.
• entitled to a 10% premium pay for each hour of
work, and overtime pay should include a premium for
both overtime and night work.
 Overtime Work
Article 86
• defined as any work performed outside the regular
working hours, i.e., 8 hours per day.
• An additional compensation equivalent to their regular
LABOR wage plus at least 25% thereof

CODE Emergency Overtime Work

Article 89
• An employee may be required to perform overtime work
in emergencies such as natural calamities, urgent
maintenance, preventing loss of perishable goods, or
avoiding severe obstruction to the employer's business
operations.
 Undertime Not Offset by Overtime
Article 88
• Undertime work on any particular day shall not be offset
by overtime work on any other day.
• The law forbids the offset because when an
LABOR employee works fewer than 8 hours, the hourly
rate of overtime is higher than the hours missed.
CODE • In case an employee receives permission to take leave
on a specific day, the employer is still required to pay
for any additional compensation or overtime work done
previously or in the future.
• Overtime does not fix undertime
 Computation of Additional
Compensation
Article 90
• For purposes of computing overtime and other
additional remuneration as required by this Chapter,
the "regular wage" of an employee shall include
LABOR the cash wage only, without deduction on account
of facilities provided by the employer.
CODE
 WORKING
CONDITIONS AND
REST PERIODS
WORKING CONDITIONS AND
REST PERIODS
Rest Periods
Article 91 Right to weekly rest day
• It shall be the duty of every employer, whether
operating for profit or not, to:
⚬ provide each of his employees a rest period of
not less than twenty-four (24) consecutive
hours after every six (6) consecutive
normal workdays.
⚬ determine and schedule the weekly rest day of
his employees.
⚬ respect the preference of employees as to their
weekly rest days when such preference is based
on religious grounds.
WORKING CONDITIONS AND
REST PERIODS
Rest Periods
Article 92 When an employee may be required
to work on a rest day

• In case of actual or impending emergencies

caused by serious accident, fire, flood,
typhoon, earthquake, epidemic, or other
disaster or calamity to prevent loss of life and
property or imminent danger to public safety.
• In cases of urgent work to be performed on the
machinery, equipment, or installation, to
avoid serious loss which the employer would
otherwise suffer.
WORKING CONDITIONS AND
REST PERIODS
Rest Periods
Article 92 When an employee may be required
to work on a rest day
• In the event of abnormal pressure of work due
to special circumstances, where the employer
cannot ordinarily be expected to resort to
other measures;
• To prevent loss or damage to perishable
goods;
• Where the nature of the work requires continuous
operations, and the stoppage of work may result in
irreparable injury or loss to the employer; and
• Under other circumstances analogous or
WORKING CONDITIONS AND
REST PERIODS
Rest Periods
Article 93. Compensation for rest day, Sunday,
or holiday work
• Where an employee is made or permitted to
work on his scheduled rest day, he shall be
paid an additional compensation of at least
thirty percent (30%) of his regular wage. An
employee shall be entitled to such additional
compensation for work performed on Sunday only
when it is his established rest day.
• no regular work days and no regular rest days
can be scheduled, he shall be paid an
additional compensation of at least thirty
percent (30%) of his regular wage for work
WORKING CONDITIONS AND
REST PERIODS
Rest Periods
Article 93. Compensation for rest day, Sunday,
or holiday work
• Work performed on any special holiday shall be
paid an additional compensation of at least thirty
percent (30%) of the regular wage of the
employee. Where such holiday work falls on the
employee’s scheduled rest day, he shall be entitled
to an additional compensation of at least fifty
percent (50%) of his regular wage.
WORKING CONDITIONS AND
REST PERIODS
Rest Periods
Article 93. Compensation for rest day, Sunday,
or holiday work
• Where the collective bargaining agreement or other
applicable employment contract stipulates the
payment of a higher premium pay than that
prescribed under this Article, the employer
shall pay such a higher rate.
WORKING CONDITIONS AND
REST PERIODS
Rest Periods
Article 94 Right to holiday pay

• Every worker shall be paid his regular daily

wage during regular holidays, except in retail
and service establishments regularly employing
less than ten (10) workers.
• The employer may require an employee to work
on any holiday, but such employee shall be
paid a compensation equivalent to twice his
regular rate; and
WORKING CONDITIONS AND
REST PERIODS
Rest Periods
Article 94 Right to holiday pay

• "holiday" includes New Year’s Day, Maundy

Thursday, Good Friday, the ninth of April, the
first of May, the twelfth of June, the fourth of
July, the thirtieth of November, the twenty-fifth
and thirtieth of December and the day
designated by law for holding a general
election.
WORKING CONDITIONS AND
REST PERIODS
Hours of Works

• Nurses should only work 8 hours/day, 40 hours

per week (5 days)
• Some hospitals have 12 hours (4 days of duty
only) of duty especially in special areas.
WORKING CONDITIONS AND
REST PERIODS
Hours of Works
Article 83 Normal Hours of Work

• The normal hours of work of any employee shall not

exceed eight hours a day
• Health personnel in cities/municipalities with a
population of at least 1 million or in
hospitals/clinics with at least 100 beds must work
8 hours a day, 5 days a week (excluding meal
breaks).
• If service demands require, they may work 6 days
or 48 hours per week. In this case, they are
entitled to have an additional 30% of their
WORKING CONDITIONS AND
REST PERIODS
Hours of Work
Article 85 Meal Period

• It shall be the duty of every employer to give his

employees not less than sixty (60) minutes
time-off for their regular meals.
WORKING CONDITIONS AND
Salary REST PERIODS
RA 9173 “the Philippine Nursing Law”
Philippine nursing act of 2002

Section 32 Salary
• The minimum base pay of nurses working in public
health institution shall not be lower than
salary grade 15 prescribed under RA 6758
otherwise known as “Compensation and
Classification Act of 1989”
⚬ SG15 = Php 32,000.00
⚬ Government: Entry level is nurse I until nurse V
and salary is also increasing
⚬
WORKING CONDITIONS AND
Salary REST PERIODS
RA 9173 “the Philippine Nursing Law”
Philippine nursing act of 2002
Sec. 33 Incentives and benefits
• The BON in coordination with the DOH and other
concerned agencies, association of hospitals and the
accredited professional organization shall establish
an incentive and benefit system in the form of:
⚬ Free hospital care for nurses and their
dependents
⚬ Scholarship grants
⚬ Other non-cash benefits
⚬ PNA is the accredited professional organization of
WORKING CONDITIONS AND
REST
WAGES AND BENEFITSPERIODS
Wages and Related Benefits

• An employer cannot make any deduction from an

employer’s wage except for insurance premiums
with consent of the employee.
• Pag-ibig, SSS, PhilHealth
• Gross pay-total salary received before taxes are
deducted
• Net pay t-total wage when taxes are deducted
• Premiums are deducted at the last salary of the
month (30th)
WORKING CONDITIONS AND
REST
WAGES AND BENEFITSPERIODS
Wages and Related Benefits

Payment of wages
• Wages shall be paid in cash, legal tender at or
near the place of work. Wages shall be given not
less than once every two weeks or twice within
a month at intervals not exceeding 16 days.
• 15th and 30th day salary
• According to DOLE, salary should not be late but
can be given early.
WORKING CONDITIONS AND
REST
WAGES AND BENEFITSPERIODS

Benefits

Employment of Women
• Night work prohibition unless allowed by the
rules
⚬ In industrial undertakings from 10 pm to 6 am
⚬ In commercial/non-industrial undertakings
from 12mn to 6am (Industrial workers)
⚬ In agricultural undertakings, at nighttime
unless given not less than nine consecutive
hours of rest
⚬ For pregnant women, a month before they
should already file a maternity leave till 90
WORKING CONDITIONS AND
REST
WAGES AND BENEFITSPERIODS

Benefits

Safe working conditions

• Employers must provide workers with every kind of
on-the-job protection against injury, sickness,
or death through safe and healthful working
conditions.
• All aspects of the work should be secured for
safety (holistic health, building structure, etc.)
• Protective equipment should be provided by
the company or employer
WORKING CONDITIONS AND
REST
WAGES AND BENEFITSPERIODS

Benefits

Right to self-organization and collective

• Right to self-organization
bargaining
⚬ Right of every worker to form or join any
legitimate worker’s organization,
association or union of his or her own
choice.

• Labor unions and organizations of employees

⚬ They demand the rights of employees
WORKING CONDITIONS AND
REST
WAGES AND BENEFITSPERIODS

Benefits

Employee’s compensation (EC) benefits for

work-related contingencies
• The employee’s compensation program is the tax-
exempt compensation program for employees
and their dependents.
⚬ Medical Benefits for sickness or injuries
⚬ Disability benefits
⚬ Rehabilitation benefits
⚬ Death and funeral benefits
⚬ Pension benefits
WORKING CONDITIONS AND
REST PERIODS

THANK YOU