EOR
July 26, 2024

Navigating Philippine Labor Laws: Essential Guide for Employers

The Philippines' labor laws include various employment types, require due process for dismissals, impose penalties for misclassification, enforce binding NDAs, mandate 13th month pay, ensure workplace safety, and protect trade union rights.
John Cruz
Copywriter

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The Philippines boasts a unique set of labor laws crucial for compliance and avoiding hefty penalties. While these regulations can be complex, LennorHive, the leading Employer of Record (EOR) in the Philippines, offers expert guidance to navigate them seamlessly. Let's delve into the key aspects of Philippine employment and labor laws:

Types of Employment

The Labor Code of the Philippines defines six types of employment:

  • Regular Employment: Full-time, indefinite period, essential for the business.
  • Probationary Employment: Trial period, typically lasting six months, to assess fit.
  • Fixed-term Employment: Contractual work for a specific task and time frame.
  • Seasonal Employment: Temporary work during specific seasons, with reinstatement in the next cycle.
  • Project Employment: Work for a specific project, ending upon completion.
  • Casual Employment: Non-essential tasks, with potential to transition to regular status after a year.

At-Will Employment Doesn’t Exist

In the Philippines, employees have the right to security of tenure. They can only be dismissed for "just" or "authorized" causes, and employers must follow due process, including notices and hearings.

Misclassification Penalties

Misclassifying employees as contractors or vice versa can result in severe penalties, including fines up to PHP 500,000, back pay, benefits reimbursement, and even jail time for non-compliance.

Non-Disclosure Agreements (NDAs)

NDAs are legally binding in the Philippines but must comply with local laws and cannot be used to cover up criminal activity. They should clearly define the confidential information and its protection.

13th Month Pay

Employers are required to provide non-management employees with an extra month’s salary by Christmas Eve. This pay is prorated for employees who have not worked the full year.

Workplace Health & Safety

Employers must adhere to Occupational Safety and Health Standards set by the DOLE. Violations can incur penalties ranging from PHP 20,000 to PHP 50,000 per offense.

Trade Union Rights

Employees have the right to join trade unions and participate in collective bargaining agreements. These agreements last five years and include provisions on wages, working conditions, and more.

Why Choose LennorHive as Your EOR Partner?

As the top EOR in the Philippines, LennorHive offers:

  • In-depth knowledge of local labor laws
  • Efficient compliance management
  • Valuable insights for seamless business operations
  • Expert support in navigating complex regulatio

By partnering with LennorHive, you ensure full compliance with Philippine labor laws while focusing on your core business activities. Our expertise helps you build a successful and lawful enterprise in the Philippines, mitigating risks and optimizing your operations.

Ready to navigate Philippine labor laws with confidence? Contact LennorHive today for expert EOR services tailored to your needs.

Schedule a Consultation with Our Philippine Labor Law Experts

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