The Employer's Guide to Labor Codes in the Philippines

What is the Philippine Labor Code?

The Philippine Labor Code is a comprehensive legal framework designed to regulate employment practices, labor relations, and company standards within the Philippines. Established to protect the rights and welfare of workers, the Code sets forth the legal standards for wages, working hours, benefits, and conditions of employment. 

It serves as the cornerstone for labor relations, providing mechanisms for dispute resolutions between employers and employees and ensuring fair labor practices. The Labor Code of the Philippines 2024 and 2025 is dynamic, periodically updated to address the evolving needs of the workforce and the economy, making it essential for employers in medium-sized businesses across APAC to stay informed and compliant to foster a positive work environment. 

Who is covered under the Labor Code?

The Labor Code of the Philippines 2024 and 2025 encompasses a wide range of individuals within the employment sphere, aiming to provide comprehensive protections and standards across various employment types. Specifically, it covers:

• Regular employees: Those who perform activities necessary to the usual business operations of the employer, signifying a long-term relationship.
• Project employees: Individuals with fixed employment for a specific project, of which the employer specifies the duration and scope at the engagement time.
• Seasonal employees: Workers employed for tasks or activities that are seasonal in nature, and their employment is limited to the duration of the season.
• Casual employees: Those engaged in work that is not part of the employer's regular business and is only occasional or temporary.
• Probationary employees: Employees on trial during a given period, allowing the employer to determine their suitability for regular employment based on standards made known to the employee at the time of engagement.

Additionally, the Labor Code provides specific provisions for domestic workers, known locally as "Kasambahay," covering their rights and welfare distinctly.

However, the Labor Code excludes certain groups from its coverage, including government employees governed by civil service regulations, international organizations with diplomatic immunities, and individuals in the informal sector under specific conditions.

This broad coverage ensures that the vast majority of workers in the Philippines are protected under labor laws, promoting fair treatment in the company and providing mechanisms for resolving employment disputes. Understanding this coverage as HR teams and business owners is essential in developing policies compliant with the Labor Code of the Philippines 2024 and 2025, fostering a sound and supportive work environment.

What are the types of employment?

The Labor Code of the Philippines defines various types of employment to accommodate the diverse nature of work arrangements and industry practices. Understanding these classifications is crucial for HR teams and business owners to ensure compliance with labor standards and foster a productive work environment. Here's a breakdown:

Regular employment

This type signifies a permanent employment status, where an employee performs tasks necessary to the business's operation. The Labor Code ensures that regular employees are entitled to full benefits and job security, including the right to unionize and receive employer-contributed social, health, and welfare benefits.

Project employment

Employers hire project employees for specific projects or undertakings with predetermined durations. The employment automatically ends at the project's conclusion. While project employees receive the same benefits as regular employees during their project's term, they lack tenure security after the project finishes.

Seasonal employment

Similar to project employment, employers hire seasonal employees for work that aligns with the seasonality of the operation, and the employment lasts only as long as the season does. One may consider these employees as regular employees, but this status lasts only during the season of their employment.

Casual employment

Casual employment involves hiring workers for tasks not typically essential to the employer's main business. Employers may consider a casual employee as a regular employee with respect to the performed activity if they work for at least one year, continuously or intermittently.

Fixed-period employment

Labor code contractual employees, also known as term or contract employment, this arrangement involves an employee agreeing to provide services for a specific period. This type of employment remains valid only when based on the intrinsic quality of the work and not aimed at circumventing workers' tenure rights.

For modern, medium-sized businesses in APAC with a progressive mindset, recognizing these employment types and their respective rights, benefits, and limitations is key to managing a happier team. Proper classification avoids legal pitfalls and fosters a better company culture by ensuring employee engagement under fair and clear terms.

Hiring in the Philippines? Read the Global Hiring Guide for the Philippines

What are the key provisions of the Labor Code?

The Labor Code of the Philippines provides a framework of rights and standards aimed at protecting workers while ensuring that employers can maintain a productive and efficient workforce. Here are some of the key provisions outlined in the labor code that HR teams and business owners should be aware of:

Minimum wage

The Labor Code of the Philippines requires employers to pay a minimum wage for workers, which varies across regions to account for the differential cost of living. Employers must comply with the Philippines minimum wage rates, ensuring that employees receive fair compensation for their labor.

Read next: Philippines Minimum Wage Guide for Employers

Working hours

Standard working hours are set at eight hours per day, for a total of 48 hours per week. Employers must compensate employees at a higher rate for hours worked beyond the standard, known as overtime pay.

Night shift differential

Employees who work between 10 PM and 6 AM are entitled to a night shift differential of at least 10% of their regular wage. This provision ensures fair compensation for workers contributing labor during less desirable hours.

Rest days

The Labor Code guarantees employees a minimum of one rest day after every six consecutive workdays. This provision enables them to rest, recover, and allocate time for personal activities or spending time with family, thereby helping to prevent employee burnout.

Maternity & paternity leave

Female employees are entitled to maternity leave benefits, while male employees can avail of paternity leave, supporting parents in balancing their work and family responsibilities.

Read next: Maternity and Paternity Leave Benefits Philippines

Parental leave

In addition to maternity and paternity leave, the law allows qualified solo parents to take parental leave, acknowledging the unique challenges single-parent families face.

13th month pay

Employers must give their employees a 13th-month pay, equal to 1/12 of the total basic salary an employee earns within a calendar year, and pay it on or before December 24th each year. This practice serves as a meaningful way to recognize and reward employees for their hard work and dedication throughout the year, boosting employee morale and fostering a positive work environment. 

Read next: 12 Employee Recognition Examples to Keep Your Team Engaged All Year

Special leaves for women

Female employees are entitled to special leaves for reasons related to their health and safety, such as cases of gynecological disorders, provided that they have rendered at least six months of continuous aggregate employment.

Service incentive leave

Employees who have rendered at least one year of service are entitled to a yearly service incentive leave (SIL) of five days with pay.

For businesses in the APAC region striving to cultivate a progressive company culture, adherence to these provisions is about valuing employee welfare and promoting a supportive and equitable work environment. Understanding and implementing these key provisions of the Labor Code of the Philippines 2024 and 2025 can significantly contribute to fostering happier, more productive teams.

Navigating Employee Termination Under the Labor Code Philippines

Terminating an employee in the Philippines requires following proper procedures and understanding legitimate grounds for dismissal. The Labor Code of the Philippines provides clear guidelines that HR teams must follow to ensure compliance and avoid legal complications.

Legitimate Grounds for Termination

Guidelines for termination of employee labor code.

Just Causes

When employee conduct or performance falls short, just cause terminations may apply:

• Serious Misconduct or Willful Disobedience – When an employee significantly violates behavioral standards or consistently ignores legitimate instructions
• Gross and Habitual Neglect – Consistent failure to fulfill job responsibilities
• Breach of Trust – Actions demonstrating dishonesty or betrayal of company confidence
• Criminal Activity – Offenses committed against the employer or their representatives
• Similar Situations – Comparable circumstances warranting dismissal, such as theft or demonstrated incompetence

Authorized Causes

Business decisions that necessitate workforce reduction:

• Redundancy – When positions become unnecessary due to restructuring
• Financial Prevention Measures – Terminations resulting from economic challenges
• Technology Implementation – When new systems eliminate certain roles
• Business Closure – Complete shutdown or relocation of operations

Termination based on serious diseases or health conditions

When an employee cannot perform their duties due to a serious illness, the employer has the right to terminate employment to maintain operational productivity and protect the wellbeing of other employees. The Labor Code requires a medical certificate to support the termination decision, stating that the disease remains incurable within six months despite proper medical treatment. The employee is entitled to separation pay in accordance with the provisions of the Labor Code of the Philippines 2024 and 2025.

Navigating the termination process and notice periods with fairness, compassion, and legality is paramount for fostering a better company culture and growing productive teams. Adhering to the Labor Code's stipulations on termination reinforces your company's commitment to ethical business practices and respect for individual rights.

Relevant reads: 10 Impactful Exit Interview Questions to Improve Your Employee Experience

The Proper Termination Process Under Philippines Labor Code

Following the right steps ensures fair treatment and minimizes legal risk:

1. Provide Written Notice – Detail the specific reasons for potential termination with supporting evidence
2. Allow Response Time – Give the employee adequate opportunity (typically 5 days) to respond in writing
3. Conduct a Fair Hearing – Create space for the employee to present their perspective
4. Issue Final Decision – If termination proceeds, provide clear documentation
5. Submit to Authorities – File the appropriate paperwork with the Department of Labor and Employment
6. Calculate Separation Pay – When applicable, ensure proper financial settlements based on service duration

Read next: Calculating and Administering Separation Pay in the Philippines

We understand the complexities HR teams face when handling terminations. By following these guidelines, you can navigate these challenging situations while maintaining compliance and treating employees with respect.

Ways to Stay Compliant with the Labor Code

Staying compliant with the Labor Code of the Philippines in 2025 is essential for businesses in the APAC region, to avoid legal repercussions and foster a positive company culture that values fairness and respect for employees' rights. Here are practical ways for HR teams and business owners to ensure compliance:

Stay updated on regulations

Labor laws and regulations can evolve, reflecting changes in the socio-economic landscape or in response to emerging company trends. It's crucial for businesses to stay informed about these changes. You can achieve this by regularly consulting with labor law experts and participating in seminars and training sessions focused on labor law compliance.

Adopt clear and transparent policies

Developing and implementing company policies that align with the Labor Code of the Philippines is fundamental. These policies should cover all aspects of employment, from hiring to termination, and include detailed provisions for wages, benefits, working hours, leave entitlements, and grievance-handling procedures.

Leverage HR technology 

Modern HR tools can significantly aid in maintaining Labor Code compliance. These systems can help in maintaining accurate employee records, which are crucial for audit purposes and in case of labor disputes. Investing in the right HR software not only streamlines administrative tasks but also minimizes the risk of non-compliance.

Read next: Top 6 HRIS Philippines for 2025

For businesses aiming to cultivate a progressive and inclusive company culture, adherence to the Labor Code of the Philippines 2024 and 2025 is non-negotiable. By staying informed, adopting clear policies, and utilizing technology, HR teams and business owners can ensure compliance and build stronger foundations for happier, more productive teams.

Stay Compliant Under Philippines Labor Code with Omni

Navigating the ever-evolving regulations when it comes to Philippines Labor Code can be challenging, and staying up to date with the latest mandates is crucial for HR teams to remain compliant. That’s why it’s important to have the right tools by your side.

Omni’s all-in-one HR software helps you stay up to date with the latest laws and regulations for the labor codes and regulations of the Philippines while streamlining the end-to-end employee management lifecycle.

Omni streamlines payroll processes, reducing manual errors and reducing the administrative burden on HR teams. With secure and centralized employee records, HR teams can easily store, update and share employee information across departments and with employees, ensuring compliance with the Labor Code of the Philippines at every step of the way. 

Our comprehensive payroll solution is tailored to the Philippines’ specific requirements. With features like support for the Philippine peso, localized language including Tagalog, automated PhilHealth contribution calculations, and instant payroll reports, Omni can help HR teams simplify their payroll processing while ensuring compliance with local labor laws and regulations.

Book a demo with our team to learn more about how Omni can help simplify your payroll and compliance processes today.

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