NCM 120

TRANSCULTURAL NURSING
Dhominec P. Barra
LABOR CODE OF THE PHILIPPINES
The Labor Code of the Philippines stands
as the law governing employment practices
and labor relations in the Philippines. It was
enacted on Labor day of 1974 by President
Ferdinand Marcos, in the exercise of his
then extant legislative powers. It prescribes
the rules for hiring and termination of
private employees; the conditions of work
including maximum work hours and
overtime; employee benefits such as
holiday pay, thirteenth month pay and
retirement pay; and the guidelines in the
organization and membership in labor
unions as well as in collective bargaining.
LABOR CODE OF THE PHILIPPINES
The Labor Code contains several
provisions which are beneficial to labor.
It prohibits termination from
employment of Private employees
except for just or authorized causes as
prescribed in Article 282 to 284 of the
Code. The right to trade union is
expressly recognized, as is the right of a
union to insist on a closed shop.
LABOR CODE OF THE PHILIPPINES
Strikes are also authorized for as long as
they comply with the strict requirements
under the Code, and workers who
organize or participate in illegal strikes
may be subject to dismissal. Moreover,
Philippine jurisprudence has long
applied a rule that any doubts in the
interpretation of law, especially the
Labor Code, will be resolved in favor of
labor and against management.
 PRESIDENTIAL DECREE NO. 442, AS AMENDED
A DECREE INSTITUTING A LABOR CODE THEREBY REVISING AND
CONSOLIDATING LABOR AND SOCIAL LAWS TO AFFORD PROTECTION
TO LABOR, PROMOTE EMPLOYMENT AND HUMAN RESOURCES
DEVELOPMENT AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL
JUSTICE
Art. 1. Name of Decree. This Decree shall be known as the “Labor Code of the Philippines”.

Art. 2. Date of effectivity. This Code shall take effect six (6) months after its promulgation.

Art. 3. Declaration of basic policy. The State shall afford protection to labor, promote full employment, ensure
equal work opportunities regardless of sex, race or creed and regulate the relations between workers and
employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of
tenure, and just and humane conditions of work.

Art. 4. Construction in favor of labor. All doubts in the implementation and interpretation of the provisions of
this Code, including its implementing rules and regulations, shall be resolved in favor of labor.
 Art. 5. Rules and regulations. The Department of Labor and other government agencies charged with the
administration and enforcement of this Code or any of its parts shall promulgate the necessary implementing
rules and regulations. Such rules and regulations shall become effective fifteen (15) days after announcement
of their adoption in newspapers of general circulation.

Art. 6. Applicability. All rights and benefits granted to workers under this Code shall, except as may otherwise
be provided herein, apply alike to all workers, whether agricultural or non-agricultural. (As amended by
Presidential Decree No. 570-A, November 1, 1974)

Art. 7. Statement of objectives. Inasmuch as the old concept of land ownership by a few has spawned valid
and legitimate grievances that gave rise to violent conflict and social tension and the redress of such
legitimate grievances being one of the fundamental objectives of the New Society, it has become imperative
to start reformation with the emancipation of the tiller of the soil from his bondage.

Art. 8. Transfer of lands to tenant-workers. Being a vital part of the labor force, tenant-farmers on private
agricultural lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether
classified as landed estate or not shall be deemed owner of a portion constituting a family-size farm of five (5)
hectares, if not irrigated and three (3) hectares, if irrigated.

Art. 9. Determination of land value. For the purpose of determining the cost of the land to be transferred to
the tenant-farmer, the value of the land shall be equivalent to two and one-half (2-1/2) times the average
harvest of three (3) normal crop years immediately preceding the promulgation of Presidential Decree No. 27
on October 21, 1972.

The total cost of the land, including interest at the rate of six percent (6%) per annum, shall be paid by the
tenant in fifteen (15) years of fifteen (15) equal annual amortizations.

In case of default, the amortization due shall be paid by the farmers’ cooperative in which the defaulting
tenant-farmer is a member, with the cooperative having a right of recourse against him.

The government shall guarantee such amortizations with shares of stock in government-owned and
government-controlled corporations.

Art. 10. Conditions of ownership. No title to the land acquired by the tenant-farmer under Presidential Decree
No. 27 shall be actually issued to him unless and until he has become a full-fledged member of a duly
recognized farmers’ cooperative.

 Title to the land acquired pursuant to Presidential Decree No. 27 or the Land Reform Program of the
Government shall not be transferable except by hereditary succession or to the Government in accordance
with the provisions of Presidential Decree No. 27, the Code of Agrarian Reforms and other existing laws and
regulations.

Art. 11. Implementing agency. The Department of Agrarian Reform shall promulgate the necessary rules and
regulations to implement the provisions of this Chapter.

Preliminary Title
Book I – Pre-Employment
Book II – Human Resources Development Program
Book III – Conditions of Employment
Book IV – Health, Safety and Social Welfare
Book V – Labor Relations
Book VI – Post Employment
Book VII – Transitory Final Provisions
Working Hours in the
Philippines
Normal Working Hours
The normal hours of work an employee has to render must not exceed
eight (8) hours a day and should be exclusive of the one (1) hour daily
lunch break. Philippine laws, however, do not prohibit work done for
less than eight hours.

Working hours shall include:

all time during which an employee is required to be on duty and/or
to be at a prescribed workplace;
all time during which an employee is permitted to work; and
rest periods of short duration during working hours.
Working Hours in the
Philippines
Meal Periods
Every employer is mandated by the Labor Code to give their
employees not less than sixty (60) minutes’ time-off for their regular
meals. During day shifts, this time-off is usually during 12:00 PM.

Night Shift Differential Pay

Every employee shall be paid a night shift premium of not less than
10% of their regular wage for each hour of work performed between
10:00 PM and 6:00 AM.
Working Hours in the
Philippines
Overtime Work
Work may be performed beyond eight hours a day provided that the
employee is paid for the overtime work, which consists of an additional
compensation equivalent to his regular wage plus at least 25% thereof.
Work performed beyond eight hours on a holiday or rest day shall be
paid an additional compensation equivalent to the rate of the first eight
hours plus at least 30% thereof.
Working Hours in the
Philippines
Undertime Not Offset by Overtime
Article 88 of the Labor Code enunciates that undertime work on a
business day shall not be offset by overtime work on any other day. The
law discourages the offset because the hourly rate of overtime is higher
than the hours missed when an employee works for less than eight
hours.
Permission given to the employee to go on leave for a day in a regular
work week shall not exempt the employer from paying the additional
compensation required for the overtime work done
Working Hours in the
Philippines
Emergency Overtime Work
An employee may be required to perform overtime work in any of the following
cases:
1. When the country is at war or when any other national or local emergency has
been declared by the National Assembly or the Chief Executive;
2. When it is necessary to prevent loss of life or property in cases of imminent
danger to public safety due to actual or impending emergencies in the locality
caused by serious accidents, fire, flood, typhoon, earthquake, epidemic or any
other disaster;
3. When there is urgent work to be performed on machines, installations, or
equipment, in order to avoid serious loss or damage to the employer or some
other cause of similar nature;
4. When the work is necessary to prevent loss or damage to perishable goods;
and
5. Where the completion or continuation of the work started before the eighth
hour is necessary to prevent serious obstruction or prejudice to the business
or operations of the employer.
Required Work Benefits
The labor laws in the Philippines are administered by the Department
of Labor and Employment. The Philippines employee benefits all
depend on which of the four kinds of employment arrangements is
underway: regular, project-based, seasonal, and casual employment.

General minimum conditions of employment in respect to working

hours, rest periods, overtime age, night shift, holidays, and leave are
codified in the Book 3 of the Philippines Labor Code. Exceptions can be
made for managerial-ranked employees, field personnel, and some
other workers.
Social Security System (SSS)
This state-run insurance program offers benefits under the Social Security
and Employees' Compensation (EC) Programs.
The Social Security Commission administers the program. It is a body made
of representatives from the government, employers, and employees.
Social insurance covers private-sector employees, self-employed workers, as
well as household workers. A spouse of the insured person is also entitled to
receive social benefits under this scheme.
The benefits include:
maternity pay
sickness pay
pensions
disability benefits
salary loans
life insurance
funeral grants
Health insurance
PhilHealth is the name of the health insurance plan in place for private
employees in the Philippines. As of 2021, the monthly contribution
rate for the health insurance program is 3.5% of the employee's
basic salary. The monthly contribution is equally divided between
employee and employer. PHP 10,000 is the salary minimum and PHP
70,000 is the salary ceiling.
PhilHealth covers inpatient benefits, outpatient benefits, Z benefits,
and SDG benefits (explained below):
Z benefits are offered to the patients who need prolonged
hospitalization and more expensive treatment
SDG benefits include treatment packages for malaria, HIV-AIDS,
tuberculosis, animal bites, and others diseases
Employers are not obligated to provide any specific insurance
benefits since PhilHealth offers the above entitlements.
Home Development Mutual Fund
The HDMF, also known as Pag-IBIG fund, provides housing loans. It also
offers financial assistance to Filipinos to enable them to afford decent
housing.

Workers who earn less than PHP 1,500 a month contribute 1% of their
salary to the Pag-IBIG fund. Workers who earn more contribute 2% of their
monthly salary. Employers have to contribute 2% regardless of the salary
bracket of the employee.

The highest contribution to HDMF fund should not exceed PHP 200 in total
(PHP 100 for employees and PHP 100 for employers).
Working hours and holidays
In the Philippines, an employee's regular hours of work are a maximum of
eight hours a day, excluding an hour’s lunch break. This does include short
breaks for rest during the working hour.
Naturally, there are exceptions to these regular working days. It depends on
the company whether to extend them, but all rules below are applied to all
organizations inside the Philippines.
Weekly rest day
Every employee in the Philippines is entitled to get 24 consecutive
hours of rest after six consecutive working days.
Public Holidays
The workers in the Philippines are entitled to two types of
holidays: regular holidays and special holidays.
Regular holidays: There are 12 paid public holidays.
Special (non-working) holidays: On special (non-working) holidays,
a no-work no-pay policy is applied. If these days are worked, they
can be paid. There are six special holidays a year
Working hours and holidays
Minimum wage
The minimum wage in the Philippines varies between regions.
Each region's tripartite wage boards set the minimum wage rate,
which ranges from PHP 282 and PHP 537 a day.
The minimum wage rate also depends on the industry sector. The
industry sectors are broadly divided into agricultural and non-
agricultural.
When an employee spends more than the required eight hours
working, he or she is entitled to additional pay, as below:
Night shifts
The labor laws of the Philippines make it mandatory to pay night
shift differential to the workers working between 10pm and 6pm.
The nightshift differential must not be less than 10% of the
worker's regular salary.
Working hours and holidays
Overtime
If an employee works more than eight hours on an ordinary
workday, they are entitled to an extra 25% of their average hourly
rate.
Premium pay
Employees are eligible to receive premium pay for working on
their rest days or special holidays. If an employee needs to work
on their rest day or special day, they receive an extra 30% of their
daily salary. If they work on a special day that is also their rest
day, they get 50% extra payment. If the work is performed on a
regular holiday that is also a rest day, the employee gets a total of
260%.
13-month pay entitlement
13 month pay, or the colloquially named “13 month salary” is a statutory
requirement that employers must provide to certain employees.

All non-management employees in the Philippines are entitled to receive

13th-month pay. This extra month of salary must be released by 24
December. Some employees opt to receive the payment into two
installments — in May and December.

Employees who have worked for at least one month for an employee are
entitled to receive the 13th-month pay. This is paid pro rata for those
who work less than the year.

Employers need to file a compliance report by 15 January of the following

year to confirm payment has been made.
Service incentive leave
Employers in the Philippines are obligated to grant five days of paid leave
to every employee who has worked for at least one year. This can be
used either as sick leave or vacation leave.

Sick leave
Insured employees are entitled to receive at least 90% of their average daily
wage if they get hospitalized or incapacitated at home for at least three days.
The three-day waiting period does not apply to the cases of injuries and
acute diseases.
Employees who are ill are eligible to receive 90% of their average daily salary
for up to 120 days in a year. However, the employee cannot claim this benefit
for more than 240 days for the same illness. To be eligible, the employee
must have contributed to the Social Security System for at least three months
in the prior 12 months.
Employers are responsible for paying sickness benefits to their employees
which can then be reimbursed from the SSS.
Maternity and paternity leave
Both married and unmarried female workers are entitled to 60 days of
paid maternity leave for their first four pregnancies, including
miscarriages.
This is dependent on them contributing to Social Security for at least
three months during the prior 12-month period. If a C-section is needed
or there is an ectopic pregnancy requiring surgery, they are eligible for 78
days of paid leave.
Married male workers can have seven days of paternity leave for the first
four pregnancies of their wives. Male workers can apply for paternal
leave only when they are living with their spouse at the time of delivery
or miscarriage. They need to apply for leave within a reasonable period.
Solo parent leave
Solo parents can take up to seven days’ leave to fulfill their parental
duties, especially where physical presence is necessary. To be eligible for
solo parent leave, one must work for at least one year, including holidays
and authorized absence. This one-year period of service can be
continuous or broken.

Bereavement Leave
Employees can take up to three days of unpaid leave on the occasion of a
death in the family.
Leave for victims of gender violence
In the Philippines, female workers who are the victims of violence are
entitled to ten days of paid leave. The violence may include physical,
sexual, psychological, or economic abuse.
Retirement benefit
The pension scheme in the Philippines is regulated under Social Security
System. Retired employees who have paid their contribution to SSS for at
least 10 years before their retirement are eligible to receive a monthly
pension.

Workers who have paid their contribution for less than 10 years get a
lump sum equal to the contribution made by them and their employers,
including interest earned.
 COMPONENTS OF CULTURALY
COMPETENT NURSE
Culturally competent care consists of five core building blocks.
Cultural awareness involves examining yourself, dropping prejudices
that you have previously formed against foreign cultures, and
developing the right attitude toward giving the best health service to all
patients and clients.
Cultural knowledge involves searching for information about the
culture and beliefs of your patients to better understand and interact
with them.
Cultural skills involves your ability to collect relevant data and process it
to help engage a patient in meaningful cross-cultural interaction.
 COMPONENTS OF CULTURALY
COMPETENT NURSE
Cultural encounter encourages nurses to venture out of the
environment they are conversant with and try new cultures and places.
They improve their competence by interacting with people from
different backgrounds, cultures, and ethnicities.
Cultural desire requires a strong motivation to learn more about other
cultures. It is a strong force that involves the ability to be open to new
people, to accept and understand cultures that are different from
yours, and be willing to learn.
Culturally Competent Care in Nursing
Cultural competence helps the nurse to understand, communicate, and interact
with people effectively. More specifically, it centers around:
Understanding the relationship between nurses and patients
Acquiring knowledge of various cultural practices and views of the world
Developing communication skills to promote and achieve interaction
among cultures
Ensuring a positive attitude is displayed toward differences and various
cultures

Practicing culturally competent care in nursing means taking a holistic approach

that spans across all parts of the world. As a nurse, you should always work to
respect the diverse cultures you come across when handling patients. It goes a
long way to impact the capability and quality of your work.
Examples of Cultural Competence in Nursing
There are many examples of what a nurse who exhibits cultural
competence looks like. A few key traits include:
Speaking in terms that are easy for the patient to follow and
understand.
Not judging or disregarding a patient’s belief and religious
background, but encouraging them to do what works best for
them.
Empathizing with the patient at all times.
Valuing the individual and applauding strengths and
individuality.