Introduction

In the Philippines, labor laws are designed to protect employees from exploitation and ensure fair treatment in the workplace. The primary legal framework is the Labor Code of the Philippines (Presidential Decree No. 442, as amended), which balances the rights of workers and employers while promoting industrial peace. Unfair company practices, often referred to as unfair labor practices (ULPs), encompass a wide range of actions by employers that violate employees' rights, including interference with union activities, discriminatory treatment, illegal dismissals, and failure to provide mandated benefits. This article explores the comprehensive scope of employee rights against such practices, drawing from constitutional provisions, statutory laws, and administrative remedies available under Philippine jurisprudence.

The Philippine Constitution of 1987 serves as the foundational basis for these protections, particularly Article XIII, Section 3, which mandates the state to afford full protection to labor, promote full employment, ensure equal work opportunities, and regulate relations between workers and employers. This constitutional imperative underscores that labor is not merely a commodity but a human endeavor deserving of dignity and respect.

Constitutional and Statutory Foundations

Employee rights against unfair practices are rooted in both the Constitution and various laws. Beyond the Labor Code, supplementary legislation includes the Magna Carta for Women (Republic Act No. 9710), the Anti-Sexual Harassment Act (Republic Act No. 7877), the Migrant Workers and Overseas Filipinos Act (Republic Act No. 8042, as amended), and the Occupational Safety and Health Standards (under Republic Act No. 11058). These laws collectively address discrimination, harassment, unsafe conditions, and other exploitative behaviors.

The Labor Code defines unfair labor practices in Articles 248 (for employers) and 249 (for labor organizations). For employers, ULPs include:

Interfering with, restraining, or coercing employees in the exercise of their right to self-organization.
Requiring employees to sign contracts that prohibit union membership (yellow dog contracts).
Contracting out services to undermine union activities.
Paying negotiation or attorney's fees to unions as part of collective bargaining.
Discriminating against employees for giving testimony under the Labor Code.
Violating the duty to bargain collectively.
Dismissing or prejudicing employees for union-related activities.

These provisions aim to prevent employers from using their economic power to suppress workers' collective strength.

Key Employee Rights Against Specific Unfair Practices

1. Right to Security of Tenure

One of the most fundamental rights is security of tenure, enshrined in Article 279 of the Labor Code. Employees cannot be dismissed except for just or authorized causes, and only after due process. Unfair practices here include illegal dismissal, constructive dismissal (where conditions are made intolerable to force resignation), and floating status without valid reason.

Just Causes for Dismissal: These include serious misconduct, willful disobedience, neglect of duties, fraud, loss of trust (for managerial employees), and commission of a crime. Employers must prove these with substantial evidence.
Authorized Causes: These cover installation of labor-saving devices, redundancy, retrenchment, closure, or disease. Severance pay is required, equivalent to at least one month's salary per year of service.
Remedies for Violation: Illegally dismissed employees are entitled to reinstatement without loss of seniority, full backwages from dismissal until reinstatement, and damages if bad faith is proven. The burden of proof lies with the employer.

2. Right to Fair Wages and Benefits

Employers engaging in unfair practices often withhold or delay wages, violating Article 82 et seq. of the Labor Code. Minimum wage is set by Regional Tripartite Wages and Productivity Boards (RTWPBs), and non-payment constitutes a ULP.

Mandated Benefits: Include holiday pay, overtime pay (at 25% premium), night shift differential (10%), service incentive leave (5 days with pay after one year), 13th-month pay, maternity/paternity leave, and social security contributions (SSS, PhilHealth, Pag-IBIG).
Unfair Practices: Underpayment, non-remittance of contributions, or forcing employees to waive benefits. The Solo Parents' Welfare Act (Republic Act No. 8972) and Special Protection of Children Against Abuse, Exploitation, and Discrimination Act (Republic Act No. 7610) provide additional safeguards.
Remedies: Employees can file claims for wage differentials, backpay, and penalties. The Department of Labor and Employment (DOLE) conducts inspections, and violations can lead to fines or business closure.

3. Right to Safe and Healthy Working Conditions

Under Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards), employers must provide a safe workplace. Unfair practices include exposing workers to hazards without protective equipment, ignoring safety protocols, or retaliating against whistleblowers.

Standards: Include proper ventilation, fire safety, medical facilities, and training. For hazardous industries, additional rules apply under DOLE Department Orders.
Remedies: Employees can report to DOLE's Bureau of Working Conditions. Violations result in administrative fines, work stoppage orders, or criminal liability for willful negligence causing injury or death.

4. Right Against Discrimination and Harassment

Discrimination based on age, gender, disability, ethnicity, religion, or union affiliation is prohibited. The Magna Carta for Women and the Safe Spaces Act (Republic Act No. 11313) address gender-based violence and harassment.

Unfair Practices: Unequal pay for equal work, preferential treatment, or sexual harassment (defined broadly to include verbal, physical, or visual acts).
Remedies: Victims can file complaints with DOLE or the courts. Penalties include fines, imprisonment, and damages. Employers must establish anti-harassment committees.

5. Right to Organize and Bargain Collectively

Articles 243-253 of the Labor Code protect the right to form unions, engage in collective bargaining, and strike peacefully. Unfair practices include union-busting, surveillance of union activities, or refusing to negotiate in good faith.

Collective Bargaining Agreements (CBAs): Must cover wages, hours, and conditions; violations are ULPs.
Strikes and Lockouts: Legal if for bargaining deadlocks or ULPs, with notice and cooling-off periods.
Remedies: The National Labor Relations Commission (NLRC) handles ULP cases, with possible injunctions, backwages, and reinstatement.

6. Rights of Special Groups

Women and Minors: Protected against night work restrictions (for minors) and discrimination in hiring/promotion.
Disabled Persons: Republic Act No. 7277 (Magna Carta for Disabled Persons) mandates equal opportunities and accommodations.
Overseas Filipino Workers (OFWs): Protected under Republic Act No. 10022 against illegal recruitment, contract substitution, and non-payment by foreign employers.
Informal Sector Workers: Covered by the Batas Kasambahay (Republic Act No. 10361) for domestic workers, ensuring minimum wage, rest days, and social benefits.

Enforcement Mechanisms and Remedies

Administrative Bodies

Department of Labor and Employment (DOLE): Oversees compliance through regional offices, conducts mediations via Single Entry Approach (SEnA), and issues compliance orders.
National Labor Relations Commission (NLRC): An attached agency of DOLE, it adjudicates labor disputes, including illegal dismissal and ULPs. Decisions are appealable to the Court of Appeals and Supreme Court.
National Conciliation and Mediation Board (NCMB): Handles voluntary arbitration for CBAs and strikes.

Judicial Remedies

Employees can file civil actions for damages or criminal complaints for violations like non-payment of wages (punishable by fines/imprisonment). The Supreme Court has issued landmark rulings, such as in Serrano v. NLRC (emphasizing due process in dismissals) and Azucena v. Philippine Airlines (on constructive dismissal), reinforcing employee protections.

Prescription Periods

Claims for money (e.g., backwages) prescribe in three years; ULPs in one year from occurrence.

Challenges and Emerging Issues

Despite robust laws, challenges persist, including enforcement gaps in small enterprises, contractualization (endo practices limited by Executive Order No. 51, series of 2018), and impacts of globalization. Recent amendments, like those under Republic Act No. 11510 (Telecommuting Act), address remote work rights, ensuring fair treatment in digital setups.

Employees are encouraged to document violations, seek union support, or consult free legal aid from DOLE or the Integrated Bar of the Philippines.

Conclusion

Philippine labor law provides a comprehensive shield against unfair company practices, emphasizing equity, security, and dignity. By upholding these rights, the legal system fosters a balanced employer-employee relationship, contributing to national development. Workers must remain vigilant and utilize available remedies to enforce their entitlements, ensuring that labor remains a pillar of social justice.