Labor Code Philippines: Employee Rights Guide 2025

This short, practical guide tells employees in the Philippines what the Labor Code guarantees in 2025 and how to act if your rights are violated.

Key employee rights at a glance

• Minimum wage and wage protection - set by regional boards; check your region's rate at DOLE.
• Overtime pay - 125% of hourly rate for overtime; 130% for rest day overtime; double pay for legal holidays when work is required.
• Rest day and breaks - at least one rest day every seven days; reasonable meal/rest breaks.
• 13th month pay - mandatory, at least one month's salary (pro-rated).
• Leaves:
  • Service Incentive Leave - 5 days paid leave after one year of service (for private sector).
  • Maternity leave - minimum 105 days (RA 11210) for qualified female employees; additional days for solo parents.
  • Paternity leave - 7 days for married male employees (RA 8187).
  • Special leaves (sick, vacation) depend on company policy and CBA.
• Social benefits - SSS, PhilHealth, Pag-IBIG contributions required by law.
• Security of tenure - dismissal must be for just or authorized causes with due process; illegal dismissal may entitle you to reinstatement and back wages.
• Safe workplace - employers must follow occupational safety and health standards.

When your rights are violated - quick steps

1. Collect proof: employment contract, payslips, time logs, messages, notices, and personnel records.
2. Talk to HR or supervisor: raise the issue in writing and keep a copy.
3. If unresolved, file a complaint:
   • For wage, hours, benefits: file with DOLE regional office (Labor Law Compliance) or NLRC for dismissal disputes.
   • For illegal dismissal or unfair labor practice: file with NLRC/labor arbiter.
4. Consider mediation: DOLE offers conciliation-mediation services.
5. Keep copies of all filings and official receipts.

How to file a complaint (fast guide)

• Visit your DOLE regional office website or the NLRC site for forms and steps.
• Prepare: signed complaint, evidence list, witness list, and copies for respondent.
• Attend scheduled mediation/hearing. If mediation fails, the case proceeds to adjudication.

Proof you'll usually need (checklist)

• Signed employment contract or appointment letter
• Payslips / payroll records
• Time sheets or attendance records
• Company policies or handbooks (if applicable)
• Termination notice or any written warnings
• Communications (emails, SMS, chat logs)
• Witness names and statements
• Medical or leave certificates (when applicable)

Tips to protect your rights

• Keep digital and physical copies of payslips and contracts.
• Request itemized payslips if employer doesn't provide them.
• Note dates and details of key events (dismissal, unpaid overtime).
• Join or consult a union or workers' association if available.
• Seek free legal aid from DOLE's labor lawyers or accredited NGOs before spending on private counsel.

Common employee disputes and remedies

• Unpaid wages/13th month: demand letter ->gt; DOLE complaint ->gt; possible administrative penalties and payment.
• Illegal dismissal: file for reinstatement and back wages with NLRC; possible separation pay if reinstatement impractical.
• Non-payment of overtime/holiday pay: file with DOLE/Labor Arbiters.
• Contractualization/endo issues: file with DOLE for evaluation and enforcement of security of tenure rules.

Useful contacts and resources

• DOLE main: https://www.dole.gov.ph/
• NLRC: http://nlrc.dole.gov.ph/
• Full Labor Code text (Lawphil): https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html

Keep this guide handy - acting quickly and with documentation improves outcomes. If you need help, start at your DOLE regional office or NLRC office for free assistance.

Check out https://stepbystepph.com for more articles.