Human rights in the Philippines pertains to the concept, practice, and issues of human rights

within the Philippine archipelago. The concept of "human rights," in the context of the
Philippines, pertains mainly (but is not limited) to the civil and political rights of a person[1]
living in the Philippines by reason of the 1987 Philippines Constitution.[2] Human rights are a
justified set of claims that set moral standards to members of the human race, not exclusive to a
specific community or citizenship.[3] Membership in the human race is the sole qualification to
obtain these rights.[3] Human rights, unlike area-specific conventions of international laws (e.g.
European Convention on Human Rights and International Covenant on Civil and Political Rights
and on Economic, Social and Cultural Rights),[3] are universally justifiable as it pertains to the
entire human race, regardless of geographical location.[3]

The Philippines is a signatory to the Universal Declaration of Human Rights (UDHR) drafted by
the United Nations (UN) in the 1948.[4] The Universal Declaration of Human Rights was
adopted, alongside the Genocide Convention and the Convention on the Elimination of All
Forms of Racial Discrimination, by the United Nations in response to the tragic and horrendous
violations of human rights during the Second World War.[5] The United Nations Charter, a treaty,
was created in order to define what roles, powers, and duties the United Nations is allowed to
practice in dealing with international relations. Article I of the UN Charter states that the UN
aims:

"To achieve international co-operation in solving international problems of an economic, social,

cultural, or humanitarian character, and in promoting and encouraging respect for human rights
and for fundamental freedoms for all without distinction as to race, sex, language, or
religion;"[6]

According to the Charter, the jurisdiction of the United Nations is to provide cooperation among
the nations, and not act as an international government. The UN Charter paved the way for the
drafting of the UDHR. The UDHR aims to promote "universal respect for, and the observance
of, human rights."[5] Thus, the UDHR is merely a declaration for each signatory to adopt to its
own political system. The significance of the UDHR as stated in its Preamble is:

"Whereas a common understanding of these rights and freedoms is of the greatest importance
for the full realization of this pledge."[4]

As a signatory to the UDHR, the Philippines then declares an understanding and adherence of
these fundamental and inalienable rights to its population. The Philippines has adhered to the
UDHR through the Bill of Rights, and continued to create laws and policies that cater to a
specific sector, like the Labor Code and the Indigenous Peoples' Rights.
Practices of Human Rights
Torture

Torture by police and other security forces is common in Philippines.

Labor Code

Prior to the Marcos Martial Law Era in the Philippines, all labor laws were not codified.[12]
President Marcos tasked a committee from the then-called Department of Labor (now the
Department of Labor and Employment or DOLE) to consolidate all the existing labor laws of the
Philippines. The committee was composed of: Amado G. Inciong, the then Undersecretary of
Labor, acting as the chairman of the committee, Director Ricardo Castro, the head of the
subcommittee on Labor Relations, Director Diego Atienza, the head of the subcommittee on
Labor Standards, and Director Rony Diaz, the head of the subcommittee on Employment and
Training. The result was Presidential Decree No. 442 ("PD 442") or "A Decree Instituting the
Labor Code and Consolidating Labor and Social Laws to Afford Protection to Labor, Promote
Employment and Human Resources Development and Insure the Industrial Peace Based on
Social Justice," otherwise known as the "Labor Code of the Philippines". The consolidation was
finished on 1 May 1974 and took effect on 1 November 1974.[13]

The Labor Code is the legal code governing employment practices and labor relations in the
Philippines. The Labor Code stipulates standards in terms of wages and monetary benefits, hours
of work, leaves, rest days, holiday pays, and benefits, among others.

Wages and Monetary BenefitsEdit

1. Minimum Wage
o Remunerations or earnings paid by an employer to an employee for service
rendered are called wages. Article 99 of the Labor Code of the Philippines
stipulates that an employer may go over but never below minimum wage. Paying
below the minimum wage is illegal.[14] The Regional Tripartite Wages and
Productivity Boards is the body that sets the amount for the minimum wage. As in
the case of the Philippines, the minimum wage of a worker depends on where he
works.
2. Thirteenth Month Pay
o According to Presidential Decree No. 851, an employer is mandated by law to
give his employees thirteenth month pay. The thirteenth month pay required by
law should not be less than one twelfth of the total basic salary earned by an
employee within a calendar year.[15] The thirteenth month pay is exempted from
being taxed by the government. The photo below is from the Department of Labor
and Employment which shows the computation of a hypothetical thirteenth month
pay.
3. Retirement Pay
o Article 287 of the Philippine Labor Code states that, the retiring age of an
employee is sixty (60) years or more but not beyond sixty-five (65) years. The
retiring employee who has served at least five (5) years in the said establishment
shall be entitled to retirement pay equivalent to at least one-half (1/2) month
salary for every year of service, a fraction of at least six months being considered
as one whole year.[14] "The term 'one-half month salary' shall mean fifteen (15)
days plus one twelfth (1/12) of the thirteenth month pay and the cash equivalent
of not more than five (5) days of service incentive leaves."[14]
Hours of WorkEdit

1. Normal Hours of Work

o Article 83 and 84 of the Philippine Labor Code, the normal hours of work of an
employee shall not exceed eight (8) hours a day. Hours worked shall include all
time that an employee is required to be in the workplace and all time during
which an employee is permitted to work. Short breaks during working hours shall
be counted as hours worked.[14]
2. Overtime Work
o Article 87 of the Philippine Labor Code states that any work that exceeds eight (8)
hours is considered overtime work. This is legal provided that the employee is
paid for the overtime work. The computation for the wage is his regular wage plus
at least twenty-five percent (25%) of his hourly wage. Work performed beyond
eight hours on a holiday or rest day shall be paid an additional compensation
equivalent to the rate of the first eight hours on a holiday or rest day plus at least
thirty percent (30%) thereof.[14]
3. Night Shift Differential
o Article 86 of the Philippine Labor Code explains that the night shift is between
ten o'clock in the evening and six o'clock in the morning. A night shift differential
is payment of not less than ten percent (10%) of the regular hourly wage of an
employee for each hour of work performed during this time period.[14]

Rest DaysEdit

1. Weekly Rest Day

o An employer is required 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, as stated in Article 91 of the Philippine Labor Code. The employer
shall determine and schedule the weekly rest day of his employees. He must
respect the preference of employees as to their weekly rest day when such
preference is based on religious grounds.[14]
o If an employer requires his employee to work on his scheduled rest day, he shall
be paid an additional compensation of at least thirty percent (30%) of his regular
wage.[14]
o If the employee has no regular work days or rest days, and he is required by his
employer to work on a Sunday and on a holiday, he shall be paid an additional
compensation of at least thirty percent (30%) of his regular wage.[14]
Holiday PayEdit

1. Special Non-Working Holiday Pay

o If an employee works on 21 August, Ninoy Aquino Day, 1 November, All Saints
Day, and/or 31 December, Last Day of the year, his wage will be:
 for first eight (8) hours of work - plus thirty percent (30%) of the daily rate
 for excess of eight (8) hours of work - plus thirty percent (30%) of hourly
rate on said day
o If an employee works on 21 August, Ninoy Aquino Day, 1 November, All Saints
Day, and/or 31 December, Last Day of the Year and it falls under his rest day, his
wage will be
 for the first eight (8) hours of work - plus fifty percent (50%) of the daily
rate
 excess of eight (8) hours of work - plus thirty percent (30%) of hourly rate
on said day
2. Regular Holiday Pay
o Article 93 and 94 of the Philippine Labor Code states that a worker shall be paid
his regular daily wage during regular holidays whether or not the employee goes
to work. The employer can require an employee to work on any holiday but the
employee must be paid an amount double his regular wage.[14]
o If the holiday falls under the employee's rest day, and he decides to work, his
wage for the first eight (8) hours of his work will be doubled. If he works for
more than eight (8) hours, then thirty percent (30%) of his hourly rate will be
added to his wage for that day.
o The regular holidays according to EO 292 as amended by RA 9849 are as follows:
 New Year - 1 January
 Maundy Thursday - Movable Date
 Good Friday - Movable Date
 Araw ng Kagitingan - 9 April
 Labor Day - 1 May
 Independence Day - 12 June
 National Heroes Day - Last Monday of August
 Bonifacio Day - 30 November
 Eid'l Fitr - Movable Date
 Eid'l Adha - Movable Date
 Christmas Day - 25 December
 Rizal Day - 30 December
Leave

1. Service Incentive Leave

o Article 95 of the Philippine Labor Code states that if an employee has given at
least one (1) year of service, he shall be entitled to a yearly service incentive leave
of five (5) days with pay.[14]
2. Paternity Leave
o The paternity leave is not found in the Labor Code. The basis for the paternity
leave is Republic Act No. 8187, otherwise known as the "Paternity Leave Act of
1996″. RA 8187 states that a married male employee is allowed to take 7 days off
work with full pay for the first four deliveries.
3. Maternity Leave
o Republic Act No. 7322 states that a pregnant employee who has paid at least three
monthly maternity contributions to the Social Security System in the twelve-
month period preceding the semester of her childbirth, abortion or miscarriage
and who is currently employed shall be paid a daily maternity benefit equivalent
to one hundred percent (100%) of her present basic salary, allowances and other
benefits or the cash equivalent of such benefits for sixty (60) for normal delivery a
seventy-eight (78) for caesarian delivery.[16]
o The maternity leave can be extended without pay if any illness medically certified
are to come as a result of the pregnancy, delivery, abortion, or miscarriage which
leaves the woman unfit to work.[14]
o As with the paternity leave, the maternity leave is only valid for the first four
deliveries.

Employment of WomenEdit

1. Facilities for Women

o Article 132 of the Labor Code of the Philippines requires employers to:
 Provide seats proper for women and let them use these seats when they are
free from work or during work hours provided that they can perform their
duties in this position without sacrificing efficiency.
 Establish separate toilet rooms for men and women and provide at least a
dressing room for women.
 Establish a nursery in a workplace for the benefit of women employees.
 Determine appropriate minimum age and other standards for retirement or
termination in special occupations such as those of flight attendants and
the like.[14]
 2. Discrimination
o Article 134 of the Labor Code of the Philippines states that a woman cannot be
paid a lesser compensation than a man for work of equal value.
o Favoring a male employee over a female employee with regard to promotion,
training opportunities, study, scholarship grants based on only their sexes is also
illegal.[14]
3. Prohibited Acts
o Based on Article 137 the employer is not allowed to:
 Deprive any woman employee of any of the benefits mentioned above and
in Articles 130-136 of the Labor Code or to terminate any woman
employee for the purpose of stopping her from enjoying said benefits.
 Terminate a woman because of her pregnancy while on leave or in
confinement due to it.
 Discharge or refuse the admission of such woman from returning to her
work for fear that she may again be pregnant.[14]

On Employment and Termination

1. Security of Tenure
o Article 279 of the Labor code discusses that if an employee is already a regular
employee, the employer cannot terminate his services without just cause and due
process. An employee unjustly dismissed from work can return to it without any
losses of benefits, privileges, and allowances from the time he was unjustly
dismissed to the time of his actual return.[14]
2. Regular and Casual Employment
o An employee will be considered a regular employee if he has been able to
performs tasks that are necessary in the business or trade of the employer, except
when the employee was hired for a specific project and its completion also
signifies the employee's termination and if the nature of work or services is
seasonal and the employment is for the duration of the season. The employment is
said to be casual if his nature of work has not been covered by the aforementioned
sentences. After a year of rendering service, whether continuous or not, an
employee shall be deemed regular, as stated by Article 280 of the Philippine
Labor Code.[14]
3. Probationary Employment
o Article 281 of the Labor Code states that probationary employment should not go
over six (6) months unless it is under an apprenticeship agreement stipulating a
longer period. An employee who continues to work after the probationary period
will be considered a regular employee. A probationary employee may be
discharged for a just cause or when he fails to qualify as a regular employee.[14]
Benefits

1. Social Security Benefits

o According to RA 1161, as amended by RA 8282, "The Social Security Program
provides a package of benefits in the event of death, disability, sickness,
maternity, and old age. Basically, the Social Security System (SSS) provides for a
replacement of income lost on account of the aforementioned contingencies."[17]
A worker, whether regular or casually employed is entitled to these benefits.
2. PhilHealth Benefits
o According to RA 7875, as amended by RA 9241, "The National Health Insurance
Program (NHIP), formerly known as Medicare, is a health insurance program for
SSS members and their dependents whereby the healthy subsidize the sick who
may find themselves in need of financial assistance when they get
hospitalized."[17] Employees of the public and private sector are covered by these
benefits.