Dear Attorney,

I would like to ask for legal advice regarding my brother's employment situation. He works for a construction company in Quezon province, and we have concerns about several issues. Specifically, he is not receiving payslips, benefits, holiday pay, or his 13th-month pay. Additionally, he got sick due to workplace conditions. What steps should we take to resolve this matter?

Thank you.

Insights

Under Philippine law, employees are entitled to several mandatory benefits, including but not limited to 13th-month pay, holiday pay, and statutory benefits such as social security, PhilHealth, and Pag-IBIG contributions. Failure to provide these may constitute a violation of labor laws, such as the Labor Code of the Philippines and various Department of Labor and Employment (DOLE) issuances.

Non-Issuance of Payslips and Non-Payment of Benefits

Every employer in the Philippines is required to provide employees with payslips as proof of their wage payment. Payslips should contain details about wages, deductions, and other benefits. Non-compliance with this is a violation of DOLE Department Order No. 183, Series of 2017, which requires employers to give a statement of earnings for transparency. Employees are also entitled to their 13th-month pay, under Presidential Decree No. 851, which must be given no later than December 24 each year.

Holiday pay is mandated by Article 94 of the Labor Code, which states that employees are entitled to pay even on legal holidays, provided they are under employment, regardless of whether they work on that day or not.

Work-Related Illness or Injury

In cases of workplace illness or injury, employees may seek compensation through the Employees' Compensation Program (ECP) managed by the Social Security System (SSS). If the employer does not remit the necessary contributions to SSS or PhilHealth, the employee may be deprived of this crucial safety net, which could result in significant legal consequences for the employer.

Steps to Take

Report to DOLE: The employee or their family can file a complaint with the nearest DOLE office for non-payment of wages, 13th-month pay, benefits, or holiday pay.
File a Complaint with SSS or PhilHealth: If contributions were not made, complaints can be filed with SSS or PhilHealth, which may compel the employer to settle obligations and provide benefits owed to the employee.
Consult a Labor Lawyer: Seek legal assistance to explore the possibility of filing a formal labor case, especially if the employer refuses to comply even after complaints have been made.

Labor laws in the Philippines are designed to protect employees from unfair practices, and remedies are available through government agencies like DOLE to enforce these rights.