DON'T GET CAUGHT OFFSIDE: LABOR LAWS EVERY HIRING MANAGER NEEDS TO KNOW IN THE PHILIPPINES

Organizing job fairs can be a tedious process, and amidst the whirlwind of planning, some aspects might unintentionally fall through the cracks. However, there's one crucial element you can't afford to neglect: ensuring your practices comply with Philippine labor laws. Disregarding these regulations can be an expensive mistake that results in penalties, legal action, and damage to one's reputation.

The following is a summary of some important labor regulations in the Philippines that hiring managers need to be aware of:

Anti-Discrimination Laws:

• Philippine Constitution: The Constitution guarantees equal work opportunities. This prohibits discrimination based on factors like race, religion, gender, sexual orientation, civil status, or age (except where age is a bona fide occupational qualification).

• Labor Code: The Labor Code echoes the Constitution's anti-discrimination principles and protects employees from discrimination during hiring, promotion, and termination.

Security of Tenure:

• Just Cause: The Philippines upholds the principle of security of tenure. Employees cannot be dismissed without just cause, such as gross misconduct, inefficiency, or financial losses. Due process must also be followed, including proper investigation and a chance to defend oneself.

Minimum Wage and Benefits:

• Regional Minimum Wages: The Philippines implements a regionalized minimum wage system. Hiring managers must be aware of the specific minimum wage applicable to their location.

• Mandated Benefits: Philippine law mandates various benefits for employees, including Social Security System (SSS), PhilHealth, Pag-IBIG (housing), thirteenth-month pay, and paid vacation leave.

Other Important Laws:

• Polygraph Protection Act: Employers are prohibited from requiring job applicants to undergo lie detector tests (polygraphs).

• Pre-Employment Medical Examination: While medical examinations are allowed, they must be job-related and the results cannot be a sole basis for disqualification.

Staying Compliant:

Here are some tips to ensure your hiring practices comply with Philippine labor laws:

• Know Your Region's Minimum Wage: Research and adhere to the minimum wage set for your specific location.

• Consult the Department of Labor and Employment (DOLE): DOLE offers resources and guidance on labor laws. Utilize their website or consult their representatives for specific questions.

• Standardized Practices: Develop standardized procedures for job postings, interview questions, and background checks to avoid discriminatory practices.

• Document Everything: Maintain clear documentation throughout the hiring process, including interview notes, selection criteria, and justifications for hiring decisions.

By understanding and complying with Philippine labor laws, you can build a strong foundation for your hiring process. In addition to providing legal protection for your business, it creates a productive workplace that draws and keeps great people. Keep in mind that recruiting procedures that are lawful and equitable benefit everyone!

by: Abby Cris D. Federico