Ncm-120-Week-12-Topic 8 (A-B.2) - 0CT 25 To 30, 2021

DECENT WORK EMPLOYMENT AND
TRANSCULTURAL NURSING
NCM 120
WMSU
ARIENE VENTURA ERIE, RN, MAN
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REMINDERS:
• Students should be online 5-10 minutes before the scheduled meeting
• Attendances (google classroom attendance check)
• If the student/s cannot attend the said meeting, they should inform the
clinical instructor and present evidences of the said valid explanation
• Appear presentable during online classes
• Assertiveness is key during recitations
• Environment for learning should be conducive
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Week 12: DESIRED LEARNING OUTCOMES/ COMPETENCIES
At the end of each topic and semester, the student can:
• Discuss decent work according to Philippine Labor Code / International Labor Organization

• Integrate relevant concepts of decent work in a given nursing situation

• Describe the integration of decent work concepts to the working environment/condition of
nursing (labor force)
Week 12: COURSE CONTENT (3 hours)

• Overview on Decent Work Employment
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Week 12: TOPICS
Overview on Decent Work Employment
A. What is decent work employment
B.Philippine Labor Code (DOLE) provisions
B.1 Conditions of Employment

B.1.1 Working Conditions and Rest Periods
•Hours of work
•Weekly rest periods
•Holidays, service incentive leaves, service charges
B.2 Wage
•Minimum wage rate
•Payment of wages
•Prohibitions regarding wages
•Wage studies, wage agreements, and wage determination
TOPIC 8 Overview on Decent Work Employment
A. What is decent work employment? 5
A. What is decent work employment?
What is decent work employment
Decent work is productive work for women and men in conditions of freedom, equality, security and human
dignity. It involves
 opportunities for work that is productive and delivers a fair income

 security in the workplace and social protection for families
 better prospects for personal development and social integration
 freedom for people to express their concerns, organize and participate in the decisions that affect their
lives
 equality of opportunity and treatment for all women and men.
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Decent Working Time for Nursing Personnel: Critical for Worker Well-being and
Quality Care
 Decent working time in the health sector is critical to providing quality care. It balances health
workers’ well- being with health services requirements, including the provision of health care for
24 hours a day, seven days a week. The ILO Nursing Personnel Convention, 1977 (No. 149) and
the accompanying Recommendation (No. 157) establish standards for decent working time
arrangements for nursing personnel.
 A predominately female health workforce, nursing and midwifery personnel constitute the
largest occupational group in the health sector. The profession requires a range of working time
arrangements, such as extended work shifts, night work, and on-call scheduling. Inappropriate
use of these arrangements has been shown to negatively impact the health of nursing
personnel, and their work performance and family life.
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Decent Working Time for Nursing Personnel: Critical for Worker Well-being and
Quality Care
 Balanced working time arrangements are shown to improve employee productivity. Such
arrangements also reduce rates of absenteeism and staff turnover, improve employee attitudes
and morale, and translate into better organizational performance
 In order to advance decent working time arrangements for nursing personnel, the brief
calls for the promotion, ratification and implementation of Convention No. 149,
Recommendation No. 157, and other relevant ILO standards; support for social dialogue
and collective bargaining in the health sector; and engagement of stakeholders in
developing and communicating good practices and guidelines.
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WORKING TIME ARRANGEMENTS AND DECENT WORK IN THE HEALTH SECTOR

 The ILO Decent Work Agenda promotes opportunities for women and men to obtain decent and productive
work in conditions of freedom, equity, security, and human dignity (ILO, 2007a). Decent working time
arrangements are a central component of the agenda and have been since the adoption of the first
standard in 1919 – the Hours of Work (Industry) Convention, 1919.
 Over the years, varied forms of working time arrangements have been developed and practiced to
contribute to greater efficiency. Not all of these arrangements have worked to promote the overall well-
being and productivity of workers. The ILO recognizes “the importance of working time, its regulation, and
organization and management, to:
(a) workers and their health and well-being, including opportunities for balancing working and non-work time;
(b) the productivity and competitiveness of enterprises; and
(c) effective responses to economic and labour market crises” (ILO, 2011, p. 28, para. 1).

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Decent working time
 Working time arrangements that promote health and safety; are “family-friendly”; promote gender equality;
advance the productivity and competitiveness of enterprises; and facilitate worker choice and influence over
their hours of work.
 The ILO Nursing Personnel Convention, 1977 (No.149) and the accompanying Recommendation (No.
157) provide minimum standards for decent working conditions for nursing personnel
 The Recommendation contains additional provisions on issues such as time periods to be counted as working
time; the progressive reduction of working hours to a maximum of 40 hours per week; limits on daily
working hours; meal and rest breaks; advance notice of work schedules; weekly rest (36 uninterrupted hours
as a minimum, with steps to be taken to increase it to 48 consecutive hours); limitation and compensation of
overtime work, work at inconvenient hours and on-call duty; the regulation of shift work and the avoidance of
split shifts; paid annual leave (which should progressively reach 4 weeks for one year of service); and
reduction of working hours and/or increase in rest periods (without any decrease in total
remuneration) for nursing personnel who work in particularly arduous or unpleasant conditions.

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IMPACTS OF INADEQUATE WORKING TIME ARRANGEMENTS

 Irregular working time arrangements can have negative implications for the health and work-life balance
of nursing personnel (ICN, 2009; ILO, 2007a).
 Effects on health may include increased emotional and mental fatigue, disruption of normal sleeping and
waking hours, depression, and various illnesses such as musculoskeletal disorders (Harris et al., 2015).
 These arrangements could also produce diminished capacity to manage workload, job dissatisfaction,
burnout, absenteeism, and poor service delivery and productivity (Aiken et al., 2002; Conway et al.,
2008; Rajbhandary & Basu, 2010).
 Longer shifts (working 12 hours or more), longer weekly hours of work (more than 40 hours per week),
insufficient breaks, overtime, and on-call hours have been linked to adverse nursing outcomes, including
needle stick injuries, physical discomfort, and accidents.
 Shift lengths and weekly work hours should be regulated in order to prevent potential negative impacts
on both nurses and patients (Bae & Fabry, 2014).
 The effects of zero-hours contracts include uncertainty about income, work schedules, access to state
benefits, and applicability of employment rights.
 The lack of guaranteed minimum hours could lead to low motivation and high staff turnover, and present
challenges with maintaining quality care services (EPSU, n.d.).
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Flexible working time
 The ILO’s Workers with Family Responsibilities Convention, 1981 (No. 156) provides for the time and flexibility workers
need to handle their family responsibilities. “Family- friendly” working time measures need to be designed to help meet
the needs of parents – both women and men to have sufficient time to care for their families on a daily basis.
 By allowing individuals to flexibly adjust their work schedules to meet these essential domestic obligations, “family-
friendly” working time benefits workers and their families as well as society as a whole.

Flexible working time guidelines for the aging health workforce
In order to implement flexible working time arrangements for older health professionals, the following actions should be
considered:
• Developing a set of options including shift work patterns, part-time and phased retirement
• Developing a range of step down arrangements for those who wish to reduce their responsibilities by choice or
due to diminished capabilities
• Establishing coaching and mentoring of less experienced staff to enable transfer of skills and knowledge
Source: EPSU & HOSPEEM. 2013. EPSU-HOSPEEM guidelines and examples of good practice to address the challenges of an ageing workforce. 12
The role of decent work in the health sector
 Decent work in the health sector is fundamental to ensuring effective and resilient healthcare systems and
population health as a basis for inclusive economic growth and sustainable development.
 Investments in the health workforce are needed to fill current gaps in access to health care. Decent
employment and working conditions are indispensable for recruiting, deploying and retaining a motivated
workforce where they are most needed.
 Decent work for health workers contributes to sustainable and effective health services. Conducive working
environments enable and enhance quality health care. Returns on investments in decent work include reduced
costs associated with staff turnover, effectiveness gains in health care and related improved population health
outcomes.
 Social dialogue as integral part of decent work contributes positively to health sector development and
reforms. Consensus-based responses to health sector challenges result in more sustainable and effective
policies. Social partners and policy makers have vital roles in promoting decent work in the interest of health
workforce retention, resilient health systems and quality health care.

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The decent work agenda
 Decent work is built on the four pillars of employment, rights at work, social protection and social dialogue and is
pursued through four strategic objectives that are equally important, interrelated and mutually supportive (20):
 Promoting productive employment
Health employment policies need to consider the specifics of health labour markets: they have to balance demand and
supply with view to meeting population health needs to achieve effective access to health care. Policies have to address
the diversification of employment in the health sector. Important in this context is the transition from informal to formal
jobs, e.g. in the care services, and addressing vulnerable employment in the health sector to ensure productive
employment and inclusive economic growth.
 Guaranteeing rights at work
All aspects of decent work have a legal dimension: international labour standards and national labour law help to clarify
what decent work implies in concrete terms and are important preconditions for its achievement. Fundamental rights at
work include the freedom of association, the right to organize and collective bargaining, equal remuneration, the
elimination of discrimination in employment and occupation; and providing safe and secure working environments for all
workers, including migrant workers and apply also to workers in the public health sector.
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The decent work agenda
 Extending social protection
The implementation of national social protection floors with basic social security guarantees aims to ensure universal
access to essential health care and income security for all in need at a nationally defined level6. It is based on the human
rights to health and social protection. Labour protection measures addressing wages, working hours, occupational safety
and health, and maternity protection are important for the protection of health workers.
 Promoting social dialogue
Social dialogue may include all types of negotiation and consultation, ranging from exchange of information, to collective
bargaining and mechanisms for dispute settlement. It operates at various levels, from national institutions, through
regional coverage to individual workplaces. Effective social dialogue requires strong, representative and independent
social partners who recognize the legitimate roles of each other. Social partners in health services are public authorities
as regulators or as employers, and employers’ and workers’ organizations in the sector.
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Major decent work challenges and responses
 Changing patterns of employment relationships

Health sector reforms, in response to cost and efficiency concerns, have resulted in a growing diversification in forms of employment. The
sector increasingly uses non-standard forms of employment (NSFE) that include fixed-term, temporary work, temporary agency work,
dependent self-employment and part-time work.
 Safe and healthy workplaces
Health workplaces can be dangerous. Workers in the health sector face a range of occupational risks related to biological, chemical, physical,
ergonomic and psychosocial hazards.
 Remuneration
In some countries, for example, in Sudan, Egypt and Myanmar, workers in the lowest paid categories received wages on average one per cent
above the poverty line
In response to the economic crisis, some European countries reduced salaries drastically or froze them also affecting benefits such as pensions
These measures contributed to increasing wage imbalances, further stimulating health worker outflows.
 Gender aspects
While the health workforce is predominantly female, paradoxically women in the health and social sector tend to remain in lower skilled jobs,
with less pay and at the bottom end of the professional hierarchies. The gender pay gap, globally estimated at an average of over 20 per cent
in the overall economy , appears even more marked in the human health and social work sector where the unadjusted wage gap shows on
average 26 per cent in high-income and 29 per cent in upper-middle income countries15.
 Professional development
Education, vocational training and lifelong learning, as central pillars of employability and productive employment, are indispensable for
ensuring decent work and inclusive economic growth. Fragmented professional health education inadequately prepares young people for
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practice as members of inter-professional teams delivering people-centred integrated care.
TOPIC 8 Overview on Decent Work Employment
B. Philippine Labor Code (DOLE) provisions 17
B. Philippine Labor Code (DOLE) provisions
Philippine Labor Code (DOLE) provisions
 The Labor Code of the Philippines stands as the law governing employment practices and labor
relations in the Philippines.
 It was enacted on Labor day of 1974 by President Ferdinand Marcos, in the exercise of his then
extant legislative powers.
 It prescribes the rules for hiring and termination of private employees; the conditions of work
including maximum work hours and overtime; employee benefits such as holiday pay, thirteenth
month pay and retirement pay; and the guidelines in the organization and membership in labor
unions as well as in collective bargaining.
 The Labor Code contains several provisions which are beneficial to labor. It prohibits
termination from employment of Private employees except for just or authorized causes as
prescribed in Article 282 to 284 of the Code.
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ARTICLE 13 OF LABOR CODE PROVIDES THE FOLLOWING DEFINITIONS:

a. Worker- means any member of the labor force, whether employed or unemployed.
b. Recruitment and placement- refers to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring or
procuring workers, and includes referrals, contract services, promising or advertising for employment, locally or abroad,
whether for profit or not: Provided, that any person or entity which, in any manner, offers or promises for a fee,
employment to two or more persons shall be deemed engaged in recruitment and placement.
c. Private fee-charging employment agency- means any person or entity engaged in recruitment and placement of
workers for a fee which is charged, directly or indirectly, from the workers or employers or both.
d. License- means a document issued by the Department of Labor authorizing a person or entity to operate a private
employment agency.
e. Private recruitment entity- means any person or association engaged in the recruitment and placement of workers,
locally or overseas, without charging, directly or indirectly, any fee from the workers or employers.
f. Authority- means a document issued by the Department of Labor authorizing a person or association to engage in
recruitment and placement activities as a private recruitment entity.
g. Overseas employment- means employment of a worker outside the Philippines.
h. Emigrant- means any person, worker or otherwise, who emigrates to a foreign country by virtue of an immigrant visa or
resident permit or its equivalent in the country of destination.

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 The State shall protect labor, promote full employment, provide equal work opportunity
regardless of gender, race, or creed; and regulate employee-employer relations.
 Male and female employees are entitled to equal compensation for work of equal value and to
equal access to promotion and training opportunities.
 The minimum age of employment is 18 years for hazardous jobs, and 15 years for non-
hazardous jobs. But a child below 15 maybe employed by parents or guardians in a non-
hazardous job if the employment does not interfere with the child's schooling.

• Security of Tenure
Every employee shall be assured security of tenure. No employee can be dismissed from work
except for a just or authorized cause, and only after due process.

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• Security of Tenure
Just Cause refers to any wrongdoing committed by an employee including:
1. serious misconduct
2. willful disobedience of employers' lawful orders connected with work
3. gross and habitual neglect of duty
4. fraud or willful breach of trust
5. commission of crime or offense against the employer, employer's family member/s or representative
6. other analogous cases
Authorized Cause refers to an economic circumstance not due to the employee's fault, including:
7. the introduction of labor-saving devices
8. redundancy
9. retrenchment to prevent losses
10. closure or cessation of business
Due Process in cases of just cause involves:

11. notice to employee of intent to dismiss and grounds for dismissal
12. opportunity for employee to explain his or her side
13. notice of decision to dismiss
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•Hours of work
Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed eight
(8) hours a day.
 Health personnel in cities and municipalities shall hold regular office hours for eight (8) hours a
day, for five (5) days a week, exclusive of time for meals, except where the exigencies of the
service require that such personnel work for six (6) days or forty-eight (48) hours, in which case,
they shall be entitled to an additional compensation of at least thirty percent (30%) of their
regular wage for work on the sixth day.
 “Health personnel” shall include resident physicians, nurses, nutritionists, dietitians,

pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists,
midwives, attendants and all other hospital or clinic personnel.
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•Hours of work
Art. 84. Hours worked. Hours worked shall include (a) all time during which an employee is required to be
on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or
permitted to work. Rest periods of short duration during working hours shall be counted as hours worked.
Art. 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.
Art. 86. Night shift differential. Every employee shall be paid a night shift differential of not less than ten
percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and
six o’clock in the morning.
Art. 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that the employee
is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least
twenty-five percent (25%) thereof. 23
•Hours of work
Art. 88. Undertime not offset by overtime. Undertime work on any particular day shall not be offset by overtime
work on any other day. Permission given to the employee to go on leave on some other day of the week shall not
exempt the employer from paying the additional compensation required in this Chapter.
Art. 89. Emergency overtime work. Any employee may be required by the employer to perform overtime work in
any of the following cases:
a. When the country is at war or when any other national or local emergency has been declared by the National Assembly or
the Chief Executive;
b. When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or
impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other
disaster or calamity;
c. When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or
damage to the employer or some other cause of similar nature;
d. When the work is necessary to prevent loss or damage to perishable goods; and
e. Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction
or prejudice to the business or operations of the employer.
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Art. 91. Right to weekly rest day.

a. 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 work
days.
b. The employer shall determine and schedule the weekly rest day of his employees subject to collective
bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may
provide. However, the employer shall respect the preference of employees as to their weekly rest day when
such preference is based on religious grounds.
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Art. 92. When employer may require work on a rest day. The employer may require his employees
to work on any day:
a. 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;
b. In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss
which the employer would otherwise suffer;
c. In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily
be expected to resort to other measures;
d. To prevent loss or damage to perishable goods;
e. 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
f. Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and
Employment.

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Art. 94. Right to holiday pay.
a. 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;
b. 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
c. As used in this Article, “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.
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Art. 95. Right to service incentive leave.

a. Every employee who has rendered at least one year of service shall be entitled to a yearly
service incentive leave of five days with pay.
b. This provision shall not apply to those who are already enjoying the benefit herein provided,
those enjoying vacation leave with pay of at least five days and those employed in
establishments regularly employing less than ten employees or in establishments exempted
from granting this benefit by the Secretary of Labor and Employment after considering the
viability or financial condition of such establishment.
c. The grant of benefit in excess of that provided herein shall not be made a subject of arbitration
or any court or administrative action.
Art. 96. Service charges. All service charges collected by hotels, restaurants and similar
establishments shall be distributed at the rate of eighty-five percent (85%) for all covered
employees and fifteen percent (15%) for management. The share of the employees shall be
equally distributed among them. In case the service charge is abolished, the share of the covered
employees shall be considered integrated in their wages.
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B.2 Wage
Art. 97. Definitions. As used in this Title:
a. “Person” means an individual, partnership, association, corporation, business trust, legal representatives,
or any organized group of persons.
b. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an
employee and shall include the government and all its branches, subdivisions and instrumentalities, all
government-owned or controlled corporations and institutions, as well as non-profit private institutions, or
organizations.
c. “Employee” includes any individual employed by an employer.
d. “Employ” includes to suffer or permit to work.
e. “Wage” paid to any employee shall mean the remuneration or earnings, however designated, capable of
being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission
basis, or other method of calculating the same, which is payable by an employer to an employee under a
written or unwritten contract of employment for work done or to be done, or for services rendered or to be
rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and
Employment, of board, lodging, or other facilities customarily furnished by the employer to the employee.
“Fair and reasonable value” shall not include any profit to the employer, or to any person affiliated with the
employer.
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B.2 Wage
•Minimum wage rate
Art. 99. Regional minimum wages. The minimum wage rates for agricultural and non-agricultural
employees and workers in each and every region of the country shall be those prescribed by the
Regional Tripartite Wages and Productivity Boards. (As amended by Section 3, Republic Act No.
6727, June 9, 1989).
Art. 100. Prohibition against elimination or diminution of benefits. Nothing in this Book shall
be construed to eliminate or in any way diminish supplements, or other employee benefits being
enjoyed at the time of promulgation of this Code.
Art. 101. Payment by results.
a. The Secretary of Labor and Employment shall regulate the payment of wages by results,
including pakyao, piecework, and other non-time work, in order to ensure the payment of fair
and reasonable wage rates, preferably through time and motion studies or in consultation with
representatives of workers’ and employers’ organizations.
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B.2 Wage
•Payment of wages
Art. 102. Forms of payment. No employer shall pay the wages of an employee by means of promissory notes,
vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by
the employee.
Art. 103. Time of payment. Wages shall be paid at least once every two (2) weeks or twice a month at intervals
not exceeding sixteen (16) days. No employer shall make payment with less frequency than once a month.
Art. 104. Place of payment. Payment of wages shall be made at or near the place of undertaking, except as
otherwise provided by such regulations as the Secretary of Labor and Employment may prescribe under
conditions to ensure greater protection of wages.
Art. 105. Direct payment of wages. Wages shall be paid directly to the workers to whom they are due, except:
a. In cases of force majeure rendering such payment impossible or under other special circumstances to be
determined by the Secretary of Labor and Employment in appropriate regulations
b. Where the worker has died, in which case, the employer may pay the wages of the deceased worker to the
heirs of the latter without the necessity of intestate proceedings.
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B.2 Wage
•Payment of wages
Art. 106. Contractor or subcontractor. Whenever an employer enters into a contract with another person for the
performance of the former’s work, the employees of the contractor and of the latter’s subcontractor, if any, shall be
paid in accordance with the provisions of this Code.
Art. 107. Indirect employer. The provisions of the immediately preceding article shall likewise apply to any
person, partnership, association or corporation which, not being an employer, contracts with an independent
contractor for the performance of any work, task, job or project.
Art. 108. Posting of bond. An employer or indirect employer may require the contractor or subcontractor to
furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due
the employees should the contractor or subcontractor, as the case may be, fail to pay the same.
Art. 109. Solidary liability. The provisions of existing laws to the contrary notwithstanding, every employer or
indirect employer shall be held responsible with his contractor or subcontractor for any violation of any provision of
this Code.

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B.2 Wage
Art. 112. Non-interference in disposal of wages. No employer shall limit or otherwise interfere with the
freedom of any employee to dispose of his wages. He shall not in any manner force, compel, or oblige his
employees to purchase merchandise, commodities or other property from any other person, or otherwise make
use of any store or services of such employer or any other person.
Art. 113. Wage deduction. No employer, in his own behalf or in behalf of any person, shall make any deduction
from the wages of his employees, except:
a. In cases where the worker is insured with his consent by the employer, and the deduction is to recompense
the employer for the amount paid by him as premium on the insurance;

b. For union dues, in cases where the right of the worker or his union to check-off has been recognized by the
employer or authorized in writing by the individual worker concerned; and

c. In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and
Employment.
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B.2 Wage
Art. 114. Deposits for loss or damage. No employer shall require his worker to make deposits from which deductions shall be
made for the reimbursement of loss of or damage to tools, materials, or equipment supplied by the employer, except when the
employer is engaged in such trades, occupations or business where the practice of making deductions or requiring deposits is a
recognized one, or is necessary or desirable as determined by the Secretary of Labor and Employment in appropriate rules and
regulations.
Art. 115. Limitations. No deduction from the deposits of an employee for the actual amount of the loss or damage shall be
made unless the employee has been heard thereon, and his responsibility has been clearly shown.
Art. 116. Withholding of wages and kickbacks prohibited. It shall be unlawful for any person, directly or indirectly, to withhold
any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by
any other means whatsoever without the worker’s consent.
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.
Art. 118. Retaliatory measures. It shall be unlawful for an employer to refuse to pay or reduce the wages and benefits,
discharge or in any manner discriminate against any employee who has filed any complaint or instituted any proceeding under
this Title or has testified or is about to testify in such proceedings.
Art. 119. False reporting. It shall be unlawful for any person to make any statement, report, or record filed or kept pursuant to
the provisions of this Code knowing such statement, report or record to be false in any material respect. 34
B.2 Wage
Art. 120. Creation of National Wages and Productivity Commission. There is hereby created a National Wages and
Productivity Commission, hereinafter referred to as the Commission, which shall be attached to the Department of Labor and
Employment (DOLE) for policy and program coordination.
Art. 122. Creation of Regional Tripartite Wages and Productivity Boards. There is hereby created Regional Tripartite Wages
and Productivity Boards, hereinafter referred to as Regional Boards, in all regions, including autonomous regions as may be
established by law. The Commission shall determine the offices/headquarters of the respective Regional Boards.
Implementation of the plans, programs, and projects of the Regional Boards referred to in the second paragraph, letter (a) of this
Article, shall be through the respective regional offices of the Department of Labor and Employment within their territorial
jurisdiction; Provided, however, That the Regional Boards shall have technical supervision over the regional office of the
Department of Labor and Employment with respect to the implementation of said plans, programs and projects.
Art. 123. Wage Order. Whenever conditions in the region so warrant, the Regional Board shall investigate and study all
pertinent facts; and based on the standards and criteria herein prescribed, shall proceed to determine whether a Wage Order
should be issued. Any such Wage Order shall take effect after fifteen (15) days from its complete publication in at least one (1)
newspaper of general circulation in the region.
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B.2 Wage
Art. 124. Standards/Criteria for minimum wage fixing. The regional minimum wages to be established by the
Regional Board shall be as nearly adequate as is economically feasible to maintain the minimum standards of
living necessary for the health, efficiency and general well-being of the employees within the framework of the
national economic and social development program.
Art. 125. Freedom to bargain. No wage order shall be construed to prevent workers in particular firms or
enterprises or industries from bargaining for higher wages with their respective
Art. 126. Prohibition against injunction. No preliminary or permanent injunction or temporary restraining order
may be issued by any court, tribunal or other entity against any proceedings before the Commission or the
Regional Boards.
Art. 127. Non-diminution of benefits. No wage order issued by any regional board shall provide for wage rates
lower than the statutory minimum wage rates prescribed by Congress.

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Reference/s:
Bureau of Working Conditions. (n.d.). Equal Work Opportunity and Work Conditions. DOLE. Retrieved from
https://bwc.dole.gov.ph/31/85.html
Bureau of Labor Relations. (n.d.). Labor Code of the Philippines. DOLE. Retrieved from
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Ncm-120-Week-12-Topic 8 (A-B.2) - 0CT 25 To 30, 2021

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Ncm-120-Week-12-Topic 8 (A-B.2) - 0CT 25 To 30, 2021

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DECENT WORK EMPLOYMENT AND

Week 12: COURSE CONTENT (3 hours)

B.Philippine Labor Code (DOLE) provisions

B.1 Conditions of Employment

 opportunities for work that is productive and delivers a fair income

Flexible working time guidelines for the aging health workforce

 Changing patterns of employment relationships

ARTICLE 13 OF LABOR CODE PROVIDES THE FOLLOWING DEFINITIONS:

Due Process in cases of just cause involves:

 “Health personnel” shall include resident physicians, nurses, nutritionists, dietitians,

Art. 91. Right to weekly rest day.

Art. 94. Right to holiday pay.

Art. 95. Right to service incentive leave.

Art. 97. Definitions. As used in this Title:

•Minimum wage rate

•Prohibitions regarding wages

•Prohibitions regarding wages

•Wage studies, wage agreements, and wage determination

•Wage studies, wage agreements, and wage determination

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