Philippine law does not classify employees by whether they are blue or white-collar workers. However, it is generally understood that blue-collar workers are those engaged in manual labour or skilled trades, typically earning daily wages, such as construction workers and factory employees. In contrast, white-collar workers are typically involved in professional, managerial, or administrative roles, receiving a monthly salary, like office staff and managers.
Instead, Philippine law provides for the following classifications of employees, based on the nature and duration of the work performed:
Types of Employment Contracts
Similar to the classification of employees as provided above, employment contracts are typically structured based on the nature and duration of the work. These contracts may be construed as indefinite (eg, regular employment) or definite (eg, fixed-term employment and project-based employment), though this classification is not generally provided for under Philippine law.
Formal Requirements of Employment Contracts
Philippine law does not mandate that employment contracts be in writing for their validity, nor does it impose specific formal requirements. However, it is highly recommended to have a written contract to provide evidence of the terms and conditions agreed upon by the parties.
Nevertheless, it must be noted that an employee’s status does not depend on the designation or the terms outlined in an employment contract. Instead, an employee’s status is defined by the actual nature of the work performed. As Article 295 of the Philippine Labour Code emphasises, this determination applies regardless of any written or oral agreements to the contrary.
Further, in a recent case entitled Aragones v Alltech Biotechnology Corporation, G.R. No. 251736, 2 April 2025, the Philippine Supreme Court held that an employment relationship begins as soon as the employee has accepted the job offer from an employer. According to the Supreme Court, as a consensual contract, an employment contract is perfected as soon as the employee and the employer have agreed upon the terms and conditions of the employment contract, which is typically manifested by the employee’s acceptance of the job offer. From that moment, an employment relationship is created, even if it has been agreed that the employee would commence actual work on a later date.
Maximum Working Hours
Under Article 83 of the Philippine Labour Code, the standard maximum working hours are eight hours per day, six days a week, totalling 48 hours per week. In addition, Article 91 of the Labour Code entitles the employee to a rest period of not less than 24 consecutive hours after every six consecutive normal workdays.
Flexible Arrangements
Flexible work arrangements are valid, provided that they are documented and mutually agreed upon by the employer and the employee. Prior to implementing any flexible work arrangement, the employer must notify the Department of Labour and Employment (DOLE) through the regional office that has jurisdiction over the workplace, in accordance with the Department of Labour and Employment Advisory No 002-09. The types of flexible work arrangements are as follows:
Part-Time Contracts
Despite part-time employment being practised in the Philippines, there is no specific law governing part-time contracts. Thus, part-time employees are entitled to the same statutory benefits as full-time employees, but these benefits are prorated based on the number of hours worked relative to a full-time employee, as applicable.
Overtime Regulations
Pursuant to Article 87 of the Philippine Labour Code, work performed beyond eight hours on regular workdays must be compensated at a premium rate of at least 25%, in addition to the employee’s regular wage. On the other hand, work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation of 30%.
In October 2024, the Philippine Supreme Court held that overtime pay must be paid for as long as the employee is made to wait for work beyond eight hours, reiterating the rule that even “waiting time” is considered part of the employee’s work hours. In the case of Cambila, Jr. et al. v Seabren Security Agency, et al., G.R. No 261716, 21 October 2024, the employer claimed that the employees are not entitled to overtime pay as they were supposedly reporting for only eight hours of work, with the first four hours served in the morning and the remaining four hours later in the evening. However, according to the Supreme Court, the “break” between the shifts of the employees in that case cannot be considered as non-compensable since the employees cannot leave the employer’s premises and use the said “break” for their own personal interests. Thus, the Supreme Court held that the “break” must be construed as “waiting time” for the employees and, thus, part of their work hours. Accordingly, if the employees had been working for more than eight hours (including their “break” or “waiting time”), then they must be paid overtime.
Minimum Wage Requirements
The minimum wage in the Philippines varies by region and is determined by the Regional Tripartite Wages and Productivity Boards (RTWPB). Each region sets its minimum wage rates based on factors such as the cost of living, prevailing wage rates, and the capacity of employers to pay.
13th-Month Pay
Under Presidential Decree No 851, 13th-month pay is mandatory under Philippine law. It is equivalent to one-twelfth of an employee’s total basic salary within a calendar year and must be paid no later than 24 December each year. All rank-and-file employees who have worked for at least one month during the calendar year are entitled to receive the 13th-month pay, regardless of the nature of their employment.
Bonuses
Bonuses, apart from the 13th-month pay, are generally discretionary unless they are stipulated in the employment contract, company policy, or a collective bargaining agreement (CBA). Employers may offer performance-based bonuses, Christmas bonuses, or other forms of incentives, but these are not statutorily required.
Minimal Government Intervention
Beyond establishing regional minimum wage rates, the government generally permits employers and employees to negotiate compensation levels and other employment terms, which are typically embodied in a CBA.
Holiday and Holiday Pay
Under Article 95 of the Philippine Labour Code, regular employees who have rendered at least one year of service are entitled to a Service Incentive Leave (SIL) of five days with pay each year. This leave can be used either for holidays or periods of illness. If an employee does not use the SIL within the year, it is convertible to cash at the end of the year.
Required Leaves (Including Pay)
Maternity leave
Under Republic Act No 11210, known as the “Expanded Maternity Leave Law”, all female employees are entitled to 105 days of maternity leave with full pay. This benefit is provided regardless of the employee’s civil status, employment status, or the legitimacy of the child. An additional 15 days of leave with full pay is granted if the female employee qualifies as a solo parent under Republic Act No 8972, or the “Solo Parents’ Welfare Act of 2000”. In the case of miscarriage or emergency termination of pregnancy, the employee is entitled to 60 days of leave with full pay. If the employee wishes, she can extend her maternity leave by an additional 30 days without pay.
Paternity leave
Republic Act No 8187, or the “Paternity Leave Act of 1996”, provides that all married male employees in the private sector are entitled to paternity leave for the first four deliveries of their legitimate spouse with whom they are cohabiting. The leave period is seven days with full pay, which is meant to allow the husband to support his wife during her recovery and in caring for the newborn child.
Parental leave for solo parents
Solo parents, as defined under Republic Act No. 8972, or the “Solo Parents’ Welfare Act”, are entitled to seven days of parental leave with full pay each year. This leave is granted to enable solo parents to perform parental duties and responsibilities where physical presence is required.
Leave for victims of violence against women and their children
Republic Act No 9262, or the “Anti-Violence Against Women and Their Children Act of 2004”, grants female employees who are victims of violence up to ten days of leave with full pay.
Special leave for women
Under Republic Act No 9710 or the “Magna Carta of Women”, female employees who undergo surgery due to gynaecological disorders are entitled to a special leave benefit of two months with full pay. This benefit applies to those who have rendered at least six months of continuous aggregate service in the 12 months preceding surgery. The special leave is not cumulative and cannot be converted into cash.
These leaves are statutory entitlements in the Philippines and are designed to support employees during significant life events, ensuring they receive the necessary time off with the corresponding pay to address personal and family matters.
Limitations on Confidentiality and Non-Disparagement Clauses
Confidentiality clauses
Consistent with the principle of autonomy of contracts under Article 1306 of the Philippine Civil Code, employers may include confidentiality provisions in employment contracts to protect sensitive business information that employees may encounter during their tenure, provided that they are not contrary to public policy. These clauses can be designed to extend beyond the period of employment, effectively prohibiting the disclosure of proprietary information, including trade secrets, client lists, financial data, and any other information that, if disclosed, could harm the business.
Non-disparagement clauses
Non-disparagement clauses are similarly enforceable and allow employers to prevent employees from making statements or taking actions that could damage the company’s reputation. These clauses are typically broad, covering any conduct that could negatively impact the employer’s business or standing in the community. Although non-disparagement clauses can be enforceable, they must be weighed against the employee’s rights, including the right to freedom of speech and to file genuine complaints or grievances. Penalties for violating these clauses, often imposed as liquidated damages, should be reasonable and may be reviewed by a court if deemed excessive.
Employee Liability and Limitations
According to Articles 114 and 115 of the Philippine Labour Code and DOLE Labor Advisory No 11, series of 2014, employers may require deposits from employees, from which deductions can be made to cover losses or damages to tools, materials, or equipment, provided that the following conditions are observed:
In the Philippines, non-compete clauses are generally enforceable, provided that certain conditions are present, as provided for in case law:
Philippine law does not explicitly require independent consideration for non-compete clauses because clauses are typically embodied in employment contracts.
However, when restrictive covenants, such as non-compete clauses, are written into mutual separation agreements, a separation package is provided in exchange for certain waivers or agreements, which may include non-compete clauses. Thus, the separation payment acts as consideration for the employee’s compliance with post-employment obligations, including non-compete and non-solicitation clauses, among others.
Similar to non-compete clauses, non-solicitation clauses, which prevent former employees from soliciting the employer’s customers, are also enforceable, provided that they contain reasonable limitations as to time, trade, and place, and that such limitations are not greater than is necessary to afford a fair and reasonable protection to the employer.
Data privacy in the employment sphere is governed primarily by Republic Act No 10173, or the “Data Privacy Act of 2012”.
Under the Act, employees are recognised as data subjects, meaning that their personal, sensitive, and privileged information is subject to protection under the law. This includes information that can directly or indirectly identify an employee, such as their name, contact details, health records, and government-issued identification numbers.
The personal information of the employee may only be processed if any of the criteria under Section 12 of the Act are satisfied, such as when the employee has given their consent, or when the processing of such information is necessary for the legitimate business interests of the employer.
The processing of sensitive personal information (eg, health information and government-issued identifiers like social security numbers) and privileged information (eg, human resources investigations or psychological evaluations) is likewise prohibited when any of the instances under Section 13 of the Act are present.
Moreover, Section 20 requires employers to adopt organisational, physical, and technical measures to protect personal information from risks such as unauthorised access, breaches, or destruction, including the implementation of secure communication channels, proper encryption, and data protection protocols for mobile work settings.
As a matter of national policy and under Article 40 of the Philippine Labour Code, the employment of foreign nationals is restricted when there are competent, able, and willing Filipino workers available to perform the work desired.
Section 40 of Republic Act No 7916, or the “Special Economic Zone Act”, provides that the employment of foreign nationals hired by Ecozone enterprises in a supervisory, technical or advisory capacity shall not exceed 5% of its workforce without the express authorisation of the Secretary of Labour and Employment.
The employment of foreign workers in nationalised and partially nationalised industries, where foreign equity participation is limited to 40%, is also regulated by the Department of Justice (DOJ).
For the practice of professions, Article XII, Section 14 of the 1987 Philippine Constitution provides that the practice of all professions in the Philippines shall be limited to Filipino citizens, unless specified otherwise by law. Generally, only foreign nationals from countries with reciprocity agreements are eligible to take licensure exams and practice professions, such as engineering and medicine. However, the practice of law remains reserved exclusively for Filipino citizens.
Permits
Under Article 40 of the Philippine Labour Code and the newly issued DOLE Department Order No 248, series of 2025 (“D.O. No 248-25”), employers intending to hire foreign nationals must prove through a Labour Market Test (LMT) that no qualified Filipino is available for the position.
Foreign nationals who intend to work in the Philippines must secure an Alien Employment Permit (AEP) from the DOLE. The AEP is only valid for the position and employer specified in the application. In case of transfer to another position or company, a new application must be submitted. Notably, under the new D.O. No 248-25, an application for an AEP may be filed and processed even while the foreign national intended to be hired is still outside the country, provided that no AEP shall be released unless the foreign national has entered the country with the appropriate pre-arranged employment visa or 9(G) or working visa presented to the DOLE Regional Office. The other requirements and the process for the application of the AEP are found in D.O. No 248-25, DOLE Labour Advisory No 16, series of 2021, and the latest DOLE Citizen’s Charter (1st Edition, 2025).
Furthermore, foreign workers in certain regulated professions (eg, doctors, engineers) must also secure a Special Temporary Permit (STP) from the Professional Regulation Commission (PRC).
For short-term services, engagements, and specialised projects, foreign nationals intending to work in the Philippines for six months or less must apply for a Special Work Permit (SWP) with the Bureau of Immigration (BI), under BI Order No JHM-2019-008.
Nevertheless, certain foreign nationals are exempt from the AEP requirement, such as diplomatic personnel, refugees, and stateless persons recognised by the DOJ, as well as those holding key positions in corporations without direct involvement in management.
Under the Joint Memorandum Circular No 1, series of 2019, nationalised and partially nationalised industries, where foreign equity participation is limited to a maximum of 40%, are required to apply for an Authority to Employ Alien (AEA) to be issued by the DOJ.
Moreover, enterprises engaged in mining operations are also required to obtain an Authority to Hire Foreign National (AHFN) to be issued by the Department of Environment and Natural Resources (DENR) for the employment of foreign nationals engaged in mining operations.
Visas
Under Section 9(g) of Commonwealth Act No 613, or the “Philippine Immigration Act of 1940”, foreign nationals who are proceeding to the Philippines to engage in any lawful occupation, whether for wages or salary or other forms of compensation, must secure the pre-arranged employment visa or 9G visa, following BI Order No JHM-2021-0004.
For enterprises registered with the Philippine Economic Zone Authority (PEZA), foreign nationals employed in executive positions, as well as those employed in supervisory, technical and advisory positions (including their qualified dependents under 21 years of age) must secure a PEZA visa, in accordance with BI Order No JHM-2021-010.
Tax Identification Number
All applications for work permits and working visas must be supported by a Tax Identification Number (TIN). The procedure and application requirements are outlined in the Bureau of Internal Revenue (BIR) Memorandum Order No 28-2019.
Mobile work, or work from an alternative workplace with the use of telecommunications and/or computer technologies, is governed by Republic Act No 11165, or the “Telecommuting Act”. Under Section 4 of the Act, the employer may offer a telecommuting program to its employees on a voluntary basis, and upon such terms and conditions as they may mutually agree upon.
Section 6 of the Telecommuting Act mandates that employers ensure the protection of data processed and used by telecommuting employees. This requires employers to take appropriate measures, such as implementing secure data storage systems and encryption protocols.
Furthermore, employers are responsible for informing telecommuting employees about relevant data protection laws, particularly Republic Act No 10173 or the “Data Privacy Act of 2012”, which applies in a supplementary capacity.
While the Telecommuting Act does not explicitly address occupational safety and health, Section 4(a) of Republic Act No 11058 or the “Occupational Safety and Health Standards Act”, states that employers are responsible for ensuring that workers are provided with a workplace that is free from hazards that may cause illness, injury, or death. This responsibility applies regardless of whether the employee works on-site or remotely.
Under Section 5 of the Act, telecommuting employees are entitled to the same treatment available to on-site employees, including the same social security benefits, such as Social Security System (SSS), Pag-IBIG, and PhilHealth, as well as the minimum labour standards set by law, such as compensable work hours, minimum number of work hours, overtime, rest days, and entitlement to leave benefits.
Sabbatical leave in the Philippines is generally left to the discretion of the employer and is governed by company policy or CBA. However, employers must ensure that such a policy does not override the minimum statutory leave entitlements, such as SIL under Article 95 of the Philippine Labour Code, or parental leaves, which are separate entitlements.
The concept of “new work” is evolving in the Philippines, particularly with the rise of flexible work arrangements under DOLE Advisory No 002-09, as discussed in 1.3 Working Hours, and telecommuting, as discussed in 5.1 Mobile Work.
Although specific laws and policies have not yet addressed various “new work” arrangements, businesses continue to explore and adopt modern approaches, such as technology integration and desk-sharing. These initiatives demonstrate a broader trend toward flexibility, efficiency, and the optimal use of workplace resources.
Under Section 1, Book V of the Rules to Implement the Philippine Labour Code, as amended by DOLE Department Order No 40-03, series of 2003 (“D.O. No 40-03”), a union is technically defined as a labour organisation in the private sector organised for collective bargaining and for other legitimate purposes. This term is often used interchangeably with “labour organisation”, which refers to any union or association of employees in the private sector which exists in whole or in part for the purpose of collective bargaining, mutual aid, interest, co-operation, protection, or other lawful purposes. Thus, there are two basic purposes of a union or labour organisation, namely:
A legitimate labour organisation refers to any labour organisation in the private sector registered or reported with the DOLE, under the Philippine Labour Code and its Implementing Rules, including a branch or local thereof. Once registered, the union, now being a “legitimate labour organisation” may act as the representative of its members for collective bargaining (without binding non-members of the union) and may be certified as the exclusive representative of all the employees in an appropriate collective bargaining unit for purposes of collective bargaining, pursuant to Article 242 of the Philippine Labour Code.
Role
A legitimate labour union that is duly recognised or certified as the sole and exclusive bargaining representative or agent (SEBA) shall represent all the employees in a bargaining unit in the negotiation process with the employer during the subsistence of the CBA. The relationship between a union and its members can be understood as one of principal and agent, where the union acts as the agent, and the members are the principals. This relationship is fiduciary in nature, meaning that the union, as the agent, must act in the best interests of its members. The union’s role is to represent its members to ensure that they receive fair wages and favourable working conditions.
Institution of the Representative Body
The modes to determine the SEBA depend on whether the establishment is unorganised or organised (ie, one without a certified SEBA, and one with a certified SEBA, respectively), and whether or not there is more than one legitimate labour organisation.
Request for SEBA certification
This mode is used when there is no competing union, and majority support from employees can be confirmed, specifically in unorganised establishments with only one legitimate labour union, the process for which is outlined under Rule VII of the DOLE Department Order No 40-I-15, series of 2015.
Thus, organised establishments and unorganised establishments with more than one legitimate labour organisation will necessarily involve the conduct of a certification election.
Certification election/consent election
Under the Rules, a “certification election” refers to the process of determining through secret ballot the SEBA of the employees in an appropriate bargaining unit for purposes of collective bargaining or negotiations, which is conducted under the control and supervision of the DOLE.
Conversely, a “consent election” likewise involves the same process of determining through secret ballot the SEBA, but is voluntarily agreed upon by the parties, with or without the intervention of the DOLE.
The conduct of certification elections for unorganised establishments is governed by Article 269, whereas organised establishments are governed under Article 268 of the Philippine Labour Code.
A CBA is a contract negotiated between an employer and the duly recognised or certified exclusive bargaining representative of the workers. This agreement covers matters such as wages, working hours, and other employment terms and conditions within the appropriate bargaining unit, and mandatory provisions for grievance and arbitration mechanisms. The CBA is executed by both the employer and SEBA.
Before entering into a collective bargaining negotiation, the following conditions must be met:
The CBA, when finalised, becomes legally binding during its entire duration and must be followed in good faith by both parties. It is important to note that wage negotiations within the CBA are separate and distinct from legally mandated wage increases, provided that any reductions must not fall below the minimum standards.
Once ratified by the majority of the bargaining unit, the CBA becomes binding on all employees. Beneficiaries of the CBA include members of the bargaining unit, non-members who pay agency fees, and any employees hired after the agreement has been enforced. Notably, filing a petition for the cancellation of union registration does not prevent the ongoing CBA negotiation process. Furthermore, CBAs should be interpreted liberally; if the terms of the agreement are clear, the intent of the contracting parties should prevail.
Finally, a valid CBA must include specific mandatory provisions. These include:
If these provisions are not incorporated, the Bureau of Labour Relations (BLR) may reject the CBA’s registration.
In the Philippines, motivation is required a priori. Article 294 of the Philippine Labour Code provides that the employer may only terminate the employee for “just cause” or “authorised cause”. The procedures for the observance of due process in terminations based on just and authorised Causes differ in terms of notice requirements and periods, as discussed in 7.2 Notice Periods.
Just Causes for Termination
The causes for termination are based on acts attributable to an employee’s own wrongful actions or negligence. Article 297 of the Philippine Labour Code provides the just causes for termination, which are:
The specific requisites per ground are enumerated in DOLE Department Order No 147-15, series of 2015 (“D.O.147-15”).
Authorised Causes
Authorised causes refer to lawful grounds for termination which do not arise from the fault or negligence of the employee. Articles 298 and 299 of the Philippine Labour Code enumerate the authorised causes for termination, which are classified into business-related causes and health-related causes.
The business-related causes under Article 298 of the Philippine Labour Code are:
For guidance, the requisites for each ground of business-related causes are outlined in D.O.147-15. In general, these grounds require good faith in effecting the termination, and that termination is a matter of last resort, there being no other option available to the employer after resorting to cost-cutting measures. Fair and reasonable criteria in the selection of employees to be terminated are likewise required for all grounds, except for the closure or cessation of business operations.
Health-related causes, specifically “disease” under Article 299 of the Philippine Labour Code, require the following conditions:
Collective Redundancies
Collective terminations may generally be carried out via redundancy, retrenchment, or closure or cessation of business operations.
Under Philippine law, redundancy is specifically designated as a valid ground for employee termination. Redundancy generally refers to the condition when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise or are superfluous. This ground for termination may be collective, particularly when there is a dismissal of a large number of employees due to business or operational reasons rather than individual performance or conduct, such as the overhiring of workers, decreased volume of business, or the dropping of a particular product line or service activity.
Regardless of the number of employees affected by the redundancy, the following requisites under D.O.147-15 must be complied with for redundancy to be a valid ground for termination:
Conversely, retrenchment occurs when a business finds itself in a precarious financial situation and must reduce labour costs to continue operating. Unlike redundancy, retrenchment does not necessarily mean that the position is no longer needed, but rather that the business can no longer afford to maintain its workforce at its current size.
Retrenchment is valid when the following requisites are present:
Lastly, closure or cessation of business, as the name suggests, refers to the complete or partial cessation of the operations and/or shut-down of the establishment of the employer. It requires the following conditions to be permissible:
Notice Requirements and Periods
In cases of termination based on just cause, the employer must observe due process, which involves issuing two written notices.
A formal hearing is not necessary, except under any of the following circumstances:
If the employer determines that dismissal is justified after considering the employee’s explanation, a second notice is issued confirming that all relevant facts have been taken into account and that valid grounds for termination exist.
Both notices must be delivered personally or sent to the employee’s last known address.
Thus, external advice or authorisation for just causes is not required, as the process involves the employer and employee.
Due process for authorised causes shall be deemed complied with upon service of a written notice specifying the ground/s for termination to the employee and the appropriate Regional Office of the Department of Labour and Employment (DOLE) at least 30 days before the termination takes effect. External notification to the DOLE is mandatory. Non-compliance with due process without affording the employee procedural due process will not render the dismissal ineffectual, but will entitle the employee to an indemnity of PHP50,000 in the form of nominal damages.
While disease is deemed an authorised cause for termination, case law has held that due process in termination due to disease is similar to due process for just cause termination.
Specifically, the employer must furnish the employee with two written notices, namely:
As mentioned in 7.1 Grounds for Termination, the employer must also obtain a certification from a competent public health authority stating that the disease is of such a nature or at such a stage that it cannot be cured within six months, even with proper medical treatment.
Severance/Separation Pay
Separation pay is generally only required for authorised causes, the amounts of which are provided as follows:
For purposes of computing separation pay, a fraction of six months’ service is considered as one whole year.
For just causes, no separation pay is required unless specified by company policy or the CBA.
Just Causes for Termination
In the Philippines, summary dismissal or dismissal for serious cause is not defined under the law.
However, it is akin to termination for just cause under the Philippine Labour Code, as discussed in 7.1 Grounds for Termination. Both refer to the dismissal of an employee due to serious offences, such as gross misconduct, wilful disobedience, fraud, or other grave violations of company policies or the law.
As indicated in 7.2 Notice Periods, the employer must adhere to due process, which involves issuing two written notices. The first notice must clearly state the specific reasons for termination and include detailed facts supporting the charge. After this, the employee must be provided with an opportunity to explain their side, either verbally or in writing, and within five days from receipt of the first notice. If, after considering the employee’s explanation, the employer determines that dismissal is justified, a second notice must be issued to confirm the termination.
Failure to follow the proper procedural due process will not invalidate the dismissal; however, the employee will be entitled to receive nominal damages amounting to PHP30,000 as indemnity for the violation of their rights.
Other Forms of Summary Dismissals in the Philippine Labour Code
Employees may be terminated for violating a Union Security Clause under Article 259(c) of the Philippine Labour Code if such a clause is included in the CBA. This grants the SEBA the authority to request an employer to dismiss any employee who fails to comply with the union security agreement, such as by refusing to join the union or failing to maintain membership in good standing, provided that there is sufficient evidence for the violation thereof. This only applies to new employees hired after the signing of the CBA containing the union security clause, unless they are religious objectors. Termination based on Article 259(c) of the Philippine Labour Code shall follow the procedural requirements for just cause.
Article 279(a) of the Philippine Labour Code provides for termination upon the commission of prohibited activities. Union officers who knowingly participate in an illegal strike are deemed to have lost their employment status. In addition, any employee, union officer or ordinary member who knowingly participates in the commission of illegal acts during a strike (irrespective of whether the strike is legal or illegal) is also deemed to have lost their employment status. The due process here does not require a notice and hearing, as the act itself results in automatic loss of employment status.
Under Article 278(g) of the Philippine Labour Code, strikers who violate orders, prohibitions and/or injunctions as are issued by the DOLE Secretary or the National Labour Relations Commission (NLRC) may be subject to immediate disciplinary action, including dismissal.
Lastly, under Article 296 of the Philippine Labour Code, the employment of a probationary employee may be terminated if he/she fails to meet the reasonable standards for regular employment, as long as the employer clearly communicated these standards at the time of hiring.
Termination Agreements
Termination agreements or mutual separation agreements are permissible in the Philippines, provided that the terms are mutually agreed upon by both the employer and employee, without coercion or undue influence. Otherwise, this will be tantamount to constructive dismissal.
As a contractual agreement, the procedural and substantive due process requirements under the Philippine Labour Code are not applicable. However, if the termination agreement is based on authorised causes, such as redundancy or retrenchment, the employee must receive at least the minimum separation pay mandated by law, as outlined in 7.2 Notice Periods.
Releases, Waivers, and Quitclaims
Case law has recognised the validity of the waivers and quitclaims signed by the employees, provided they are credible, reasonable, and voluntarily executed. The Supreme Court has also upheld the validity of quitclaims where the workers voluntarily accepted a reasonable amount or consideration as settlement.
However, a waiver of claims must not include rights or benefits that cannot be legally waived under Philippine law, such as those related to illegal dismissal or non-waivable statutory benefits. Such waiver shall be considered null and void for being contrary to public policy.
Women Employees
Under Article 134 of the Philippine Labour Code, it is unlawful for an employer to require as a condition for or continuation of employment that a woman employee shall not get married. Employers are also prohibited from stipulating that once a woman employee marries, she will be automatically considered resigned or terminated.
Under Article 135, employers also cannot dismiss a woman due to her pregnancy or while she is on maternity leave, or refuse to admit or to discharge a woman back to work after maternity leave for fear that she may become pregnant again.
Article 158 of the Philippine Labour Code and Republic Act No 10151 provide that women nightworkers shall likewise not be dismissed for reasons of pregnancy, childbirth or childcare responsibilities. Women nightworkers shall not lose the benefits regarding their employment status, seniority, and access to promotion which may attach to their regular night work position.
Domestic Workers or Kasambahays
Republic Act No 10361, or the “Kasambahay Act”, protects against the dismissal of domestic workers (eg, general housekeepers, cooks, gardeners, laundry persons), who can be terminated for the following causes:
If a kasambahay is dismissed for reasons other than these causes, the employer is required to pay compensation equivalent to 15 days’ worth of work.
Moreover, pregnancy and marriage are explicitly identified as invalid grounds for termination under the law. Employers cannot dismiss a kasambahay merely because they become pregnant or get married. This protection aligns with the broader labour laws that prohibit discrimination based on marital status or pregnancy, ensuring that domestic workers are treated fairly and their personal circumstances are not used as a basis for dismissal.
Persons with Disabilities
Under Section 32 of the Republic Act No 7277, as amended by Republic Act No 9442, or the “Magna Carta for Persons with Disability”, persons with disability (PWDs) cannot be dismissed simply because of their disability, unless the employer can demonstrate that the disability impairs the satisfactory performance of essential job functions, causing prejudice to the business.
Union Members, Officers, and Employee Representatives
Article 259(b) of the Philippine Labour Code prohibits employers from requiring employees to refrain from joining a labour organisation or compelling them to withdraw from one to which they already belong, as a form of unfair labour practice.
Case law has also illustrated the following dismissals to constitute unfair labour practice:
Employers who commit unfair labour practices are subject to criminal and civil liability in the form of damages, fines and other penalties, following Article 258 of the Philippine Labour Code. Employees who are dismissed due to ULP may be entitled to reinstatement without loss of seniority rights and other privileges, as well as back wages and other benefits.
Wrongful or Illegal Dismissal
Case law provides that there is illegal dismissal when there is no clear, valid and legal cause for termination of employment, specifically when:
Constructive dismissal occurs in the following instances:
Reinstatement Pending Appeal
Complaints for illegal dismissal are filed with the labour arbiter under Article 224 of the Philippine Labour Code. It is important to note that under Article 229 of the Philippine Labour Code, the decision of the labour arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. Thus, no writ of execution is required to enforce the labour arbiter’s decision, and the employer must reinstate the employee even if they plan to contest the decision.
In implementing the labour arbiter’s order for reinstatement, the employer may opt for actual reinstatement, where the employee is physically reinstated to their position and allowed to resume work, or payroll reinstatement, where the employer must continue to pay the employee’s salary during the pendency of the appeal.
Reliefs
As a primary relief, employees who are illegally dismissed are entitled to reinstatement without loss of seniority rights and other privileges under Article 294 of the Philippine Labour Code.
However, if reinstatement is no longer possible due to the strained relations or the impossibility thereof, the employee shall receive separation pay in lieu of reinstatement as a secondary relief.
In both cases, the employee shall also be awarded full back wages, inclusive of allowances, and other benefits or their monetary equivalent from the time their compensation was withheld up to the time of actual reinstatement.
In C.P. Reyes Hospital et al., v Barbosa, G.R. No. 228357, 16 April 2024, the Philippine Supreme Court confirmed that even probationary employees may also be awarded with backwages computed from the time that compensation was withheld up to the finality of the decision, which may go beyond the probationary period of the employee. This abandons the previous rule that probationary employees may only be awarded back wages up to the expiration of their probationary period.
In the recent case of Philippine Airlines v Ahmee, et al., G.R. No. 221065, dated 7 April 2025, the Supreme Court clarified the standards for proving money claims related to employee salaries and benefits. It stated that payrolls and vouchers can serve as acceptable proof of payment only if they clearly show that the employees actually received these benefits. Additionally, when payments are made through electronic wire transfers, such as automatic payroll arrangements with banks, employers are required to provide proof that they instructed their bank to credit their employees’ payroll accounts. According to the Supreme Court, the mere submission of payroll registers and payslips would only constitute proof that the employer has prepared the corresponding payroll, but not as actual proof of payment to its employees.
Additionally, the following reliefs are also granted:
In General
Where the employer fails to treat employees equally despite there being no rational basis for the distinction, such as when they are denied privileges which are granted to others under similar conditions and circumstances, the employee claims damages under Article 32 of the Philippine Civil Code against the employer with the Labour Arbiter. As this forum is merely administrative in nature, only substantial evidence is required, or such an amount of relevant evidence as a reasonable mind might accept as adequate to justify a conclusion.
Age
Republic Act No 1091, or the “Anti-Age Discrimination in Employment Act”, prohibits employers from discriminating based on age in matters of compensation, working conditions, promotions, or training opportunities. Employers also cannot terminate employees solely due to age or enforce early retirement based on age. However, age limitations are permissible provided that they fall under any of the exceptions as provided under Section 6 of the Act, such as when age is a bona fide occupational qualification necessary for the business.
Violations of the Anti-Age Discrimination in Employment Act expose the employer to criminal liability, punishable by a fine ranging from PHP50,000 to PHP500,000, imprisonment of three months to two years, or both penalties, at the discretion of the court. The offended party is entitled to damages arising from the crime under Article 100 of the Revised Penal Code.
As a violation of this Act is criminal in nature, the guilt of the employer must be proven beyond a reasonable doubt, or the evidence must produce a conviction in the mind of a sensible, impartial person.
Moral and exemplary damages may also be sought before the Labour Arbiter under Articles 2217 and 2229 of the Civil Code, respectively, which only require substantial evidence.
Gender and/or Marital Status
Article 133 of the Philippine Labour Code, as amended by Republic Act No 6725, prohibits employers from discriminating against female employees with respect to the terms and conditions of employment based solely on their sex, including paying female employees less than male employees for work of equal value, and favouring male employees over female employees in matters like promotion, training, or scholarship opportunities.
Violations of this provision are criminal in nature, resulting in a penalty of a fine ranging from PHP1,000 to PHP10,000, or imprisonment of not less than three months and not more than three years, or both, at the discretion of the court, including damages resulting from the criminal offence to be awarded to the offended party. Moral damages and exemplary damages may also be claimed.
On the other hand, discriminatory acts under Republic Act No 9710, or the “Magna Carta of Women”, include the following:
Pursuant to Section 41 of Republic Act No 9710, private entities or individuals who commit these discriminatory acts are liable for damages to the injured party, without prejudice to other remedies available under the law.
Health Conditions and Disabilities
Under Section 32 of Republic Act No 7277, as amended by Republic Act No 9442, or the “Magna Carta for Persons with Disability”, discrimination against qualified PWDs is prohibited in all aspects of employment, including hiring, promotion, compensation, and termination.
Acts of discrimination include limiting or classifying PWDs in ways that harm their job prospects, using job standards or tests that disproportionately screen them out unless necessary for the position, and applying methods that result in disability-based discrimination. Providing lower compensation to PWDs for the same work, favouring non-disabled employees in promotions or training, reassigning PWDs to roles they cannot perform due to their disability, or dismissing PWDs without first offering reasonable accommodations are also discriminatory acts. Additionally, PWDs cannot be excluded from labour union membership or subjected to ineffective employment tests that do not accurately measure their abilities.
For the first violation, the offender may face a fine ranging from PHP50,000 to PHP100,000, or imprisonment for a period of not less than six months but not more than two years, or both penalties, at the discretion of the court. For subsequent violations, the penalty increases to a fine ranging from PHP100,000 to PHP200,000, or imprisonment for a period of not less than two years but not more than six years, or both, depending on the court’s decision. The injured party may likewise claim damages arising from the criminal offence, as well as moral and exemplary damages.
Solo Parents
Section 7 of Republic Act No 8972, or the “Solo Parents’ Welfare Act of 2000”, provides that no employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of their status.
In accordance with Section 52 of the Act’s Revised Implementing Rules and Regulations, the first violation of the Act may result in a fine ranging from PHP10,000 to PHP50,000, or imprisonment for a period of six months to one year, or both, at the discretion of the court. For any subsequent violation, the court may impose a higher penalty, consisting of a fine ranging from PHP100,000 to PHP200,000, or imprisonment for a period of one to two years, or both, as determined by the court. In a similar vein to the aforementioned laws, the injured party may claim damages arising from the criminal offence, as well as moral and exemplary damages.
Videoconferencing
In accordance with the National Labour Relation Commission (NLRC) En Banc Resolution No 13-22, series of 2022, the use of videoconferencing or other electronic means for mandatory conciliation, mediation conferences, and hearings in labour disputes is permissible to ensure the safety and health of personnel and stakeholders and to address other justifiable concerns.
Thus, mandatory conciliation and mediation conferences and other hearings may be conducted face-to-face as far as practicable, or by videoconferencing or other electronic means, or both. If any of the parties have no access to technology for electronic hearings, the NLRC may provide a hearing room and laptop/tablet for their use, subject to the availability of funds.
E-Filing before the Court of Appeals
When the labour dispute has escalated to the Court of Appeals, pursuant to Rule 43 of the Rules of Court, the electronic filing of pleadings is required. From 1 December 2024, all pleadings, motions, and other legal documents within certified judicial regions in the Philippines will be required to be filed and served electronically through email, in PDF format, in accordance with the “Guidelines on Submission of Electronic Copies of Pleadings and Other Court Submissions being Filed before the Lower Courts Pursuant to the Efficient Use of Paper Rule” or A.M. No 10-3-7-SC/A.M. No 11-9-4-SC. This procedure applies to documents filed with the court as well as those served to opposing parties and their legal counsel.
Specialised Employment Forums
Specialised employment forums in the Philippines are provided for by various labour agencies, among which are as follows.
The Single Entry Approach (SEnA) is an administrative approach to provide a speedy, impartial, inexpensive, and accessible settlement procedure for all labour issues or conflicts to prevent them from escalating into full-blown disputes or actual labour cases. Under Article 234 of the Philippine Labour Code, all issues arising from labour and employment shall be subjected to mandatory conciliation-mediation.
If the issue has escalated into a labour dispute, the NLRC is the quasi-judicial body that hears and decides such cases. It has regional arbitration branches across the country to ensure accessibility. The Labour Arbiters are the NLRC representatives in the country’s various regions, having jurisdiction over termination disputes, unfair labour practices, money claims and damages arising from employer-employee relations, among others, based on Article 224 of the Philippine Labour Code.
The DOLE Regional Directors have jurisdiction over enforcement and inspection cases for labour standards compliance, recruitment and placement, occupational health and safety violations under Article 128 of the Philippine Labour Code, union registration-related cases under Article 243 of the Philippine Labour Code, and monetary claims not exceeding PHP5,000, among others.
Med-arbiters and the Bureau of Labour Relations have jurisdiction to hear, conciliate, mediate and decide representation cases, or to assist in the disposition of intra- or inter-union disputes under Article 232 of the Philippine Labour Code.
The Philippine Overseas Employment Administration (POEA) has jurisdiction over violations related to the licensing and registration of recruitment and employment agencies, disciplinary actions involving employers, principals, and contracting partners, particularly with Filipino migrant workers under Section 6, Rule X of the implementing rules of the Migrant Workers Act or Republic Act No 10022.
Collective Actions and Representation
A group of employees can appoint a representative to file a case on their behalf, especially in cases involving common issues such as illegal dismissal or non-payment of benefits. Multiple individual claims arising from the same or similar circumstances can be consolidated into a single case for efficiency and consistency in rulings under Section 3, Rule IV of the 2011 NLRC Rules of Procedure, and Section 1, Rule 31 of the Rules of Court.
Lawyers can represent parties in labour disputes. However, under Section 6, Rule III of the NLRC Rules of Procedure, parties to a case may represent themselves if they choose. Employees who are members of a union may also be represented by their union officers or legal counsel in labour disputes.
All kinds of labour disputes may be submitted to, settled, or resolved through voluntary arbitration by voluntary agreement of the parties, taking precedence over dispute settlement methods.
Parties may mutually agree to submit their disputes to a voluntary arbitrator or panel of arbitrators at any stage of the proceedings. Voluntary arbitration is often employed in labour disputes involving the interpretation or implementation of CBAs and company personnel policies.
Article 273 of the Philippine Labour Code provides that parties to a CBA must establish a grievance machinery for the resolution of disputes. This machinery should address grievances related to the interpretation or implementation of the CBA, as well as issues arising from company personnel policies.
If a grievance is not resolved within seven calendar days, it is automatically referred to voluntary arbitration, in accordance with the process outlined in the CBA.
Damages and attorney’s fees may be awarded to an employee under the conditions outlined below.
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info@thefirmva.com thefirmva.com/home.doEngagement of Employers of Record
With the prevalence of cross-border services, foreign companies have resorted to the engagement of Employers of Record (“EOR”) as a means to hire Philippine-based workers without having to establish a separate local entity. Although it is a recent practice in Philippine labor and employment, the engagement of EORs, in and of itself, may be considered a job contracting arrangement governed by Articles 106 to 109 the Labor Code of the Philippines (“Labor Code”), as implemented by Department of Labor and Employment (“DOLE”) Department Order No 174, series of 2017 (“DO 174”).
Among the salient provisions of DO 174 is the prohibition against labour-only contracting, which refers to an arrangement where the contractor merely recruits, supplies or places workers to perform a job or work for a principal, and where the following elements are present:
DO 174 likewise requires the registration of a job contractor with DOLE and prescribes mandatory stipulations in the Service Agreement between the contractor and the principal and the Employment Contract between the contractor and the employees. A labour-only contracting arrangement, which is presumed to exist in the absence of a DOLE certificate of registration, or the failure to enforce contracts that are in accord with the formalities required by DO 174, renders the principal liable as a direct employer of the contracted personnel.
While an EOR may have operating capital and work tools sufficient to maintain a physical office and/or host its workers, how it conducts business tends to signify the existence of the second element of labour-only contracting, in that control over performance of the work is expressly ceded to the foreign client. By contract, the EOR is only obligated to perform clerical or administrative support tasks for its client, including the payment of mandatory contributions to the Social Security System, Philippine Health Insurance Corporation, and Home Development Mutual Fund, and the withholding and remittance of employee income taxes to the Bureau of Internal Revenue, all of which are only feasible if the employer has a local presence.
The engagement of an EOR may also be tested against the four-fold test, which is used to determine the existence of an employer-employee relationship. The elements of the four-fold test are:
As may be gleaned above, the last element is the most critical determinant of the presence of an employer-employee relationship, and refers to the exercise of control, not just over the results of the work to be done, but also over the means and methods by which such work is to be accomplished. Thus, “badges of control” which would increase misclassification risks include the imposition of the worker’s work schedule, code of conduct, and other conditions of work, course corrections, periodic evaluations, training, and assignments, and furnishing of facilities and materials.
In an EOR arrangement, not only is the power to control relinquished to the foreign company, but the latter is also often allowed to scout for, vet, or even interview prospective employees for the EOR to hire, thereby effectively carrying out the selection and engagement process for itself. It is also allowed to participate, if not initiate, disciplinary actions for erring employees, practically because its own employees observe the contracted personnel’s performance on a day-to-day basis and are, thus, able to detect lapses or discover any misconduct. These further increase misclassification risks against the foreign principal, who may then be impleaded in a labour suit and held liable for payment of salaries and benefits under the law or illegal dismissal, as the case may be.
Even if the principal is willing to assume employee misclassification risks, it may face other challenges arising from the engagement of an EOR, such as the enforcement of restrictive covenants on confidentiality, non-competition, and conflicts of interest against employees with whom it does not have any contract. Furthermore, depending on the extent of its operations, the engagement of a local EOR and its Philippine-based workers may be construed as an expansion of its business, especially if the services performed result in the principal’s profit. This situation exposes the latter to risks associated with permanent establishment, which may result in the assessment of corporate income taxes, as well as fines and penalties. Additionally, it could be determined that the entity is conducting business without a license. In such a case, it will not be allowed to initiate or take part in any action in any court or administrative agency in the Philippines. However, it can still be sued or subjected to legal proceedings for any valid cause of action under Philippine laws.
Data Privacy Issues in Remote Work Arrangements
Under Republic Act No 11165 or the Telecommuting Act, employers are free to offer a telecommuting program to their employees on a voluntary basis, and upon mutually agreed terms and conditions that do not diminish or impair their existing benefits and that ensure their fair treatment vis-à-vis onsite employees. Under DOLE Department Order No 237, series of 2022 (“DO 237”), the said program shall contain provisions as are reasonably necessary to ensure its effective implementation, including the minimum requirements of computer hardware and software, terminals, host applications, and internet connectivity and security, as well as the standards to protect personal and proprietary information under Republic Act No 10173 or the Data Privacy Act of 2012 (“DPA”) and the various issuances issued by the National Privacy Commission (“NPC”).
To avoid disrupting their operations, employers use tools and software to monitor employees’ activity and productivity while working off-site. These measures curb the abuse of concessions afforded to employees under remote work arrangements, primarily caused by the employer’s lack of visibility over the actual performance of work. Nonetheless, while work surveillance effectively deters performance lapses and exacts accountability, it also gives rise to data privacy issues, thereby warranting the protection afforded to employees as data subjects under the DPA.
In NPC Advisory Opinion No 2024-003, it was held that the installation of monitoring software in a company-issued computer, wherein the web camera and microphone are turned on at random intervals to record short videos of the employee and his surroundings, as well as work-related meetings and training sessions, is a form of data processing under the DPA, as it involves the collection of the employee’s personal information. The NPC opined that this preventive monitoring of employees, if pursuant to the fulfilment of the employment contract and/or necessary for the legitimate interests of the employer, may be allowed under the DPA. In NPC Advisory Opinion No 2024-005, the use of an AI program to analyse call recordings and e-mail exchanges between employees and customers to evaluate work performance was likewise deemed to be in furtherance of legitimate interests since it directly contributes to the employer’s goal of improving its services. These echo Privacy Policy Office Advisory Opinion No 2018-084 as regards the installation of monitoring software to record keystrokes and take random snapshots of the employee’s computer screen. However, the NPC opined that such measures should directly satisfy the purpose of monitoring.
In all these cases, the NPC reminded employers to ensure that the processing of personal information complies with the general principles of data privacy:
First, it must be determined whether the collection of data is proportional to the goals of monitoring and whether it aligns clearly with the needs and objectives of the organisation. Therefore, the personal information of employees should only be processed through computer monitoring if the intended purpose cannot be achieved by any less intrusive means.
In any event, employers are mandated to effectively communicate to the employees the purpose, scope, and actual method of monitoring, the security measures undertaken to protect their personal information, and the procedure for redress if data privacy rights are breached. They should also issue policies or set guidelines on the use of company-issued devices and equipment, especially within the context of a remote work arrangement. Otherwise, they will have failed to comply with the obligations of a personal information controller under the DPA and may be held liable for administrative fines and penalties.
Employment of Foreign Nationals and Digital Nomads
The employment of foreign nationals by Philippine companies requires, among others, an Alien Employment Permit (“AEP”) issued by DOLE as a prerequisite for a work visa granted by the Philippine government through the Bureau of Immigration. In this regard, DOLE has released several iterations of the rules governing the employment of foreign nationals, the latest of which is Department Order No 248, series of 2025 (“DO 248”), effective on 9 February 2025.
Under DO 248, the application for and grant of an AEP are subject to the same legal requirements as in recent years, including the conduct of the Labor Market Test, which entails the publication of the vacant position and the name of foreign national sought to be hired, and the submission of documents that verify the latter’s qualifications for work in the Philippines (ie, contract of employment, tax forms indicating his Taxpayer Identification Number, affidavit from the employer stating that no Filipino applied or was found competent for the position, et al).
In addition to these requirements, DO 248 now requires DOLE Regional Offices to assess the economic impact of employing foreign nationals in specific sectors, professions, occupations, or industries through an Economic Needs Test (“ENT”) before an application for AEP is granted. The ENT specifically takes into account:
DO 248 likewise requires employers to adopt an Understudy Training Program or Skills Development Program to ensure the effective transfer of skills, knowledge, and technology from foreign employees to Filipino employees, and these programs must be submitted to the DOLE Regional Office together with the application for AEP. A progress evaluation or accomplishment report must thereafter be submitted to the same office after each periodic evaluation and/or upon completion of the program.
The requirements outlined in DO 248 are consistent with the “Filipino First” principle enshrined in the Philippine Constitution and promote the preference for Filipino labour. Failure to comply therewith may result in the denial of the AEP or the revocation of one already issued.
Relatedly, on 24 April 2025, the President of the Philippines promulgated Executive Order No 86 (“EO 86”), authorising the issuance of Digital Nomad Visas (“DNVs”) to non-immigrant foreign nationals staying in the Philippines for a temporary period while working remotely for non-Filipino clients or employers. DNVs shall be valid for one year, renewable for the same duration, and may be revoked upon the holder’s engagement in local employment, commission of fraud or misrepresentation in the application, violation of immigration laws, or such other grounds as may be determined by the Department of Foreign Affairs (“DFA”).
To be eligible for a DNV, the foreign national must comply with the following and must continue to possess such qualifications during the validity:
As of this date, the DFA has yet to issue the implementing guidelines for EO 86. Nonetheless, the promulgation of EO 86, which seeks to promote tourism and the economy in the country, clarifies the scope of Philippine laws with respect to the employment of foreign nationals. Verily, the mere performance of work by a foreign national in the Philippines does not, by itself, warrant the application for an AEP or a work visa, as the nationality of the employer and where it operates effectively distinguish between a digital nomad subject of EO 86 and a foreign national employee subject to Philippine labour laws.
The Workplace as a Safe Space
Pursuant to Republic Act No 7877 or the Anti-Sexual Harassment Act of 1995 (“ASHA”) and Republic Act No 11313 or the Safe Spaces Act (“SSA”), employers in the Philippines are mandated to prevent, deter, or punish the commission of sexual harassment acts in the workplace. The SSA casts a wide net as what constitutes sexual harassment includes “any conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient.” Moreover, compared to the ASHA, which penalises an offender only if he has moral ascendancy over the complainant, the SSA considers as an offence sexual harassment committed against peers, colleagues, or co-workers, regardless of rank and gender.
Under both statutes, the employer is mandated to implement a workplace policy against sexual harassment and to create an independent internal mechanism or a committee on decorum and investigation (CODI) to investigate and address complaints of sexual harassment. The CODI should adequately represent the management, the employees from the supervisory rank and the rank-and-file, and the union, if any, must be headed by a woman, and must be composed of members at least half of whom are women. Notably, a verified and named complaint must be resolved by the CODI within ten days, in accordance with a duly implemented Anti-Sexual Harassment and Safe Spaces Policy, after the alleged offender is afforded due process.
It must be remembered that sexual harassment is a criminal offence under the law. However, the person who has the legal right to initiate criminal action against the offender is the victim, not the employer.
The employer’s duty, in turn, is to spread awareness about the law, create a code of conduct which penalises such acts, constitute the CODI, and host anti-sexual harassment seminars. Otherwise, in the event of a labour inspection conducted by DOLE, the employer may be held liable for fines of up to PHP100,000.00 computed daily, from the issuance of the compliance order until actual compliance.
An employer’s failure to fulfil its duties under the ASHA and SSA may also be determined by a labour tribunal or court, which can award damages to an aggrieved employee whose complaint for sexual harassment in the workplace was not addressed. In fact, in the 2024 case of Francheska Buban v Xerox Business (G.R. No 268399), the Supreme Court confirmed that the petitioner employee was constructively dismissed due to the hostile, offensive, and intimidating work environment perpetrated by the respondent employer when it failed to promptly and sensitively act on her complaint for sexual harassment against a superior. However, the petitioner remained employed, and therefore, there was no economic loss that would justify the payment of separation benefits and back wages. The employer was remiss in its duty to deter the commission of acts of sexual harassment and to provide procedures for the resolution or prosecution of said acts, and consequently, the Supreme Court held the employer solidarily liable with the offender for payment of damages to the petitioner.
Evidentiary Rules in Money Claims
Under the Labour Code, claims for the payment of salaries and benefits arising out of an employer-employee relationship may be brought before the courts within three years from the time the cause of action accrued or when payment was due. In these types of claims, the legal principle of “he who alleges must prove” does not instantly apply, considering that accessibility over employment records, such as payrolls and remittances, that would supposedly prove payment to the employee, is exclusively within the custody and control of the employer. Thus, it is a settled labour doctrine that in cases involving non-payment of monetary claims, the employer has the burden of proving that the employees received their wages and benefits and that the same were paid in accordance with law.
Regarding the type of evidence required to prove payment, the Supreme Court has consistently held that a payslip bearing the employee’s signature and an explicit acknowledgement of full compensation serves as substantial evidence of actual payment.
Conversely, unsigned payslips are insufficient proof as they are mere statements of an employee’s gross income. This was emphasised in the 2025 case of Philippine Airlines, Inc. v Romeo N. Ahmee (G.R. No 221065 and No 221164), where the Supreme Court held that payroll sheets and vouchers are treated as substantial evidence of payment only if they show both the employee’s receipt of the amounts and the date or period covering such payment. More importantly, this case recognised the modern practice of automatically crediting salaries and benefits to employees’ designated bank accounts, and identified three stages in a bank crediting arrangement:
To sufficiently refute monetary claims raised by employees, it is not enough for the employer to present the payroll records prepared by its relevant officers, as in the first stage. While such documents enjoy the presumption of regularity, the principle only concerns the preparation of the payroll, but not the employees’ receipt of the amounts stated therein. Hence, to establish payment, the employer should also prove the existence of the second stage, where the bank already participates in the process, by submitting evidence of its submission to or receipt by the bank of the payroll or the advisory. Notably, while evidence of the third stage would certainly strengthen an employer’s case, the Court surmised that the employer, as a client of the bank, can already reasonably presume that the latter has fulfilled its obligation of depositing the amounts to the employees’ accounts and, as such, is discharged from the burden to show such evidence. Thus, at bottom, once the employer submits evidence of the first and second stages, the burden of proof then shifts to the employees who will have to show that their respective bank accounts were not credited with any amounts during the applicable periods.
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