Professional Documents
Culture Documents
LABOR
A fair days wage for a fair days
labor continues to govern the
relation between labor and capital
and remains a basic factor in
determining employees wages.
PAL vs. NLRC
GR 55159 June 22, 1989
If there is no work performed by the
employee there can be no wage or
pay unless the laborer was able,
willing and ready to work but was
prevented by management or was
illegally locked out, suspended or
dismissed. Where the employees
dismissal was for a just cause, it
would neither be fair nor just to allow
the employee to recover something
he has not earned and could not
have earned.
the
point-of-hire
employed
by
Which includes:
1.
All time during which an employee
is required to be on duty or to be at a
prescribed workplace.
2.
All the time during which an employee is
suffered or permitted to work.
3.
Rests periods of short duration during
working hours.
4.
Meal period of less than 20 minutes, since
it becomes only a rest period and thus
considered as working time.
5. The reasonable time to withdraw
their wages from the bank facility if
done working hours, if payment of
wages is through banks, ATM or by
check.
Attendance during Seminars:
Not compensable if:
1. Attendance is outside employees regular
working hours
2. Employee is not work productive
3. Attendance is voluntary
determinative
of
employer-
employee relationship.
There are certain laws which exclude
certain employees from enjoying
certain benefits depending on the
methods of
fixing their compensation.
Ex. 13th mo. Pay which
excludes job or task basis and
purely
on
commission
employees, under Art 82,
workers paid by results are
exempted from overtime pay,
service incentive leave, etc.
(conditions of employment).
WAGE paid to employee shall
mean the remuneration or earnings,
however designated, capable of
being expressed in terms of money,
whether fixed or ascertained on a
time, task, piece, or commission
basis, or other method of calculating
the same, which is payable by an
employer to an employee under a
written or unwritten contract of
employment for work done or to be
done, or for services rendered or to
be rendered and includes the fair and
reasonable value, as determined by
the Secretary of Labor, of board,
lodging,
or
other
facilities
customarily
furnished
by
the
employer to the employee.
A. TIME SPENT
Once the agreed period of
work
is
completed,
the
compensation is earned and
becomes due regardless of
result. The standard forms of
compensation based on time
spent are salaries or wages
by the day, week, or monthly.
Daily-paid
Monthly-paid
DAILY-PAID EMPLOYEES
2 CLASSIFICATIONS OF EMPLOYEES
BASED ON TIME SPENT
1.
2.
D. COMMISSION
ADVANTAGE: Encourage the worker
to be more productive.
Fixed percentage is effected on sales.
TAKE NOTE: Workers shall be paid the
minimum wage even if paid on job or piece
rate basis.
FIXING EMPLOYEES WAGE
a. wage increase
b. resolving wage distortion
HOURS WORKED
REST PERIODS
Meal Period
Art. 85. MEAL PERIODS Subject to
such regulations as the Secretary of
Labor may prescribe, it shall be the duty
of every employer to give his employees
not less than sixty (60) minutes time-off
for their regular meals.
Under this article the meal period should
not be less than 60 minutes, in which case it
is time-off or non-compensable time.
The Implementing Rules of Book
III, Rule I, Sec 7, allows the meal
time to be less than 60 minutes,
under specified cases. But such
shortened meal time (say 30
minutes) should be with full pay,
and of course, the time when the
employee cannot eat, because
he is still working, should also be
paid.
The employer is required to give
his employees not less than 60
minutes or 1 hour for their
regular meals everyday. The LC
does not specify as to what
specific hour of the day the meal
period are to be given.
The 60-minute meal period is not
minutes it is compensable.
WORKWEEK
I.
PURPOSE AND COVERAGE
This Advisory is being issued to guide
employers and workers who may opt to adopt a
mutually acceptable compressed workweek
(CWW) scheme suitable to the requirements of
the firm.
This Advisory may be used in all
establishments except those in the (1)
Construction
industry;
(2)
health
services; (3) occupations requiring
heavy manual labor; or (4) occupations
or workplaces in which workers are
exposed to airborne contaminants,
human
carcinogens,
substances,
chemicals or noise that exceed threshold
limit values or tolerance levels for an
eight-hour workday as prescribed under
existing Occupational Safety and Health
Standards (OSHS).
II.
OBJECTIVE:
As a matter of policy, and taking into
account
the
emergence
of
new
technology
and
the
continuing
restructuring and modernization of the
work process, the Department of Labor
and Employment (DOLE) encourages
employers and workers to enter into
voluntary agreements adopting CWW
schemes based on the following
objectives:
1. To promote business competitiveness
and productivity, improve efficiency by
lower operating costs, and reduce workrelated expenses of employees;
2. To give employers and workers flexibility
in fixing hours of work compatible with
business
requirements
and
the
employees need for a balanced work
life; and
3. To ensure the safety and health of
employees at the workplace at all times.
For purposes of administering or
enforcing existing laws and rules on
work hours, overtime compensation and
other relevant labor standards, DOLE
shall recognize only those CWW
schemes that have been entered into
consistent with this Advisory.
III. CONCEPT AND DEFINITION
The Labor Code provides that the normal
work hours per day shall be eight hours.
Work may be performed beyond eight
hours a day provided the employee is
paid for the overtime work. On the other
hand, the normal number of workdays
per week shall be six days, or a total of
forty-eight (48) hours based on the
normal workday of eight hours. This is
without prejudice to firms whose normal
workweek is five days, or a total of forty
(40) hours based on the normal workday
of eight hours.
For purposes of this Advisory, a CWW
scheme
is
an
alternative
OVERTIME WORK
GENERAL RULE:
Labor Code
Article 87. Overtime Work. Work
may be performed beyond eight (8)
hours a day provided that the EE is paid
for the overtime work 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 on a
holiday or rest day plus at least 30%
thereof.
Implementing Rules of Book III, Rule I
SECTION 8. Overtime pay. Any
employee covered by this Rule who is
permitted or required to work beyond
eight (8) hours on ordinary working days
shall be paid an additional compensation
for the overtime work in the amount
equivalent to his regular wage plus at
least twenty-five percent (25%) thereof.
SECTION 9. Premium and overtime pay for
holiday and rest day work.
(a) Except employees referred to
under Section 2 of this Rule, an
employee who is permitted or
suffered to work on special
holidays or on his designated rest
days not falling on regular
holidays, shall be paid with an
additional
compensation
as
premium pay of not less than
DEFINITION
Overtime compensation is additional
pay for service or work rendered or
performed in excess of 8 hours a day by
employees or laborers in employment
covered by eight hour labor law (now Art
87)
and
not
exempt
from
its
requirements. It is computed by
multiplying the overtime hourly rate by
the number of hours worked in excess of
eight.
EXCEPTIONS:
Article 89. Emergency Overtime Work.
Any employee may be required by the employer
to perform overtime work in any of the following
cases:
(a) When the country is at war or when
any other national or local emergency
has been declared by Congress or the
Chief Executive;
(b) When it is necessary to prevent loss of
life or property or in case of imminent
danger to public safety due to an actual
or impending emergency in the locality
caused by serious accidents, fire, flood,
typhoon, earthquake, epidemic or other
disaster or calamity;
RATIONALE
Verily, there can be no other reason
than that he is made to work longer than
what is commensurate with his agreed
compensation for the statutorily fixed or
voluntarily agreed hours of labor he is
supposed to do. When he does spend
additional time to his work, the effect
upon him is multi-faceted, he puts in
more effort, physical and/or mental; he
is delayed in going home to his family to
enjoy the comforts thereof; he might
have no time for relaxation, amusement
or sports; he might miss important
prearranged engagements, etc.
It is thus the additional work, labor or
service employed and the adverse
effects just mentioned of his longer stay
in his place or work that justify and are
the
real
reasons
for
the
extra
compensation that is called overtime
pay.
Part-time employment
creates various problems or
concerns for labor law. The
following are just some of
them:
to security
of
On security of tenure
On probationary employment
In
the
Bulletin,
probationary
employment for part-time employees
may extend the prescribed six (6)
Miscellaneous
The Bulletin provided for the following
miscellaneous provisions if only to
provide for additional guidance.
Indications of regular employment
The Bulletin provides the following as
indications of regular employments:
1. The terms of his employment show
that he is engaged as regular or
permanent employee;
2. The terms of his employment indicate
that he is employed for an indefinite
period;
3. He has been engaged for a
probationary period and has continued
in his employment even after the
expiration of the probationary period; or
4. The employee performs activities
which are usually necessary or desirable
in the usual business or trade of the
employer.
With the Perpetual Help Cooperative
case, these indications of regular
employment
may
no
longer
be
applicable. There may be a regular
employment of a full-time employee or a
part-time employee.
On Non-Diminution of Benefits
The rule on non-diminution of benefits
likewise applies to part-time employees.
The DOLE Bulletin specifically states that
nothing therein should be construed as
authorizing any withdrawal or diminution
of any existing benefit granted to the
part-time employee provided for by law,
order, agreement and employer practice
or policy.
Thus, any existing benefit that the parttime employee enjoys have to be
honored by the employer who is bound
thereto. The issuance of the Bulletin
cannot be a ground for the withdrawal or
diminution of such benefits.
Republic Act No. 386 Civil Code of
Social workers,
Laboratory technicians,
Paramedical technicians,
Psychologists,
Midwives,
Attendants, and
All other hospital or clinic personnel.
(2)
Section 6. When work on rest day authorized. An employer may require any of his employees to work on his schedu
In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic, or other disaster or
In case of urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would othe
In the event of abnormal pressure or work due to special circumstances, where the employer cannot be ordinarily be expected to resort
To prevent serious loss of perishable goods;
Where the nature of the work is such that the employees have to work continuously for 7 days in a week or more, as in the case of the c
When the work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is depende
No employee shall be required against his will to work on his scheduled additional
rest day except
compensation
under the circumstances
for the
provided. Pro
HOLIDAY PAY
Regular Holidays
Article 94. Right to holiday pay.
(a) Every worker shall be paid his
regular daily wage during regular
holidays, except in retail and
service establishment regularly
employing less than ten workers;
(b) The employer may require an
employee to work on any holiday but
such employee shall be paid a
compensation equivalent to twice his
Rationale
Benefit the daily paid workers based on the
principle of no work no pay
Every worker shall be paid his regular daily
wage during regular holidays
EXCEPTION:
Retail and service establishment regularly
employing less than ten workers
The employer may require an employee
to work on any holiday but such
employee shall be paid a compensation
equivalent to twice his regular rate;
Araw
ng
Kagitingan Monday nearest April 9
(Bataan and Corregidor
Day)
Labor Day
Monday nearest May 1
Independence Day
Monday nearest June 12
National Heroes Day
Last Monday of August
Bonifacio Day
Monday nearest November
Christmas Day
December 25
Rizal Day
Monday nearest December
(b) Nationwide Special Holidays
Ninoy Aquino Day
Monday nearest August 21
All Saints Day
November 1
Last Day of the Year December 31
(c) In the event the holiday falls on a
Wednesday, the holiday will be observed on the
Monday of the week. If the holiday falls on a
Sunday, the holiday will be observed on the
Monday that follows:
Provided,That for movable holidays, the
President shall issue a specific date shall be
declared as a nonworking day.
Section 3. The implementation of this Act shall
be supervised by the Office on Muslim Affairs
(OMA) which shall promulgate the rules and
regulations pursuant to the provisions of this Act.
Section 4. All laws, presidential decrees,
executive
orders,
issuances,
rules
and
regulations and any part thereof regarding
national
nonworking
holidays
which
are
inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.
Section 5. This Act shall take effect fifteen (15)
days after its complete publication in the Official
Gazette or at least two (2) national newspapers
of general circulation.
SERVICE INCETIVE LEAVE
Basis
-January 1
Movable Date
Movable Date
Movable Date
Movable Date
the
rules
and
regulations
for
the
performing
work
irrespective
of
the
time
employee
(subject
to
the
exceptions
5.
Those
enjoying
the
6.
7.
At least one year of service Meaning
Those
employed
in
establishments
(Omnibus Rules)
Manner of availment
The service incentive leave may be used for sick
already
However,
who are
the
operation
of
the
in the LC.]
employment.
Computation of SIL
subdivisions,
including
government-
Illustration
employees
Field
personnel
and
other
days
0.833
day
commutation
or
upon
termination
of
the
Part-time Workers
3.
of
hours
worked
in
day,
as
basis
for
entitlement.
Vacation and Sick leave
The Labor Code treats vacation leave and sick
leave under the same category as Service
Incentive Leave or leave with pay.
Thus, the grant of vacation or sick leave with pay
of at least five days may be credited as
compliance with SIL. For example, if a company
is giving its employees 15 days vacation leave,
five days of which is with pay, the five-days paid
vacation leave may be credited as SIL.
Case
1.
2.
2005)
4.
SOLO
PARENT
WELFARE
ACT
(R.A.9872)
Section 3. Definition of Terms. Whenever
used in this Act, the following terms shall mean
as follows:
(a) "Solo parent" - any individual who
falls under any of the following
categories:
(1) A woman who gives birth as a
result of rape and other crimes
against chastity even without a final
conviction of the offender: Provided,
That the mother keeps and raises
the child;
(2)
Parent left solo or alone with the
responsibility of parenthood due to death
of spouse;
(3) Parent left solo or alone with the
responsibility of parenthood while
the spouse is detained or is serving
sentence for a criminal conviction
for at least one (1) year;
(4) Parent left solo or alone with the
responsibility of parenthood due to
physical and/or mental incapacity of
spouse as certified by a public
medical practitioner;
(5) Parent left solo or alone with the
responsibility of parenthood due to
legal
separation
or
de
facto
separation from spouse for at least
one (1) year, as long as he/she is
entrusted with the custody of the
children;
(6) Parent left solo or alone with the
responsibility of parenthood due to
declaration of nullity or annulment
of marriage as decreed by a court or
by a church as long as he/she is
entrusted with the custody of the
children;
(7)
Parent left solo or alone with the
responsibility of parenthood due to
abandonment of spouse for at least one
(1) year;
(8) Unmarried mother/father who has
preferred to keep and rear her/his
Women.
Any female employee in the public and
private sector regardless of age and civil
status shall be entitled to a special
leave of two (2) months with full pay
based
on
her
gross
monthly
compensation subject to existing laws,
rules and regulations due to surgery
caused by gynecological disorders
under such terms and conditions:
1. She has rendered at least six (6) months
continuous
aggregate
employment
service for the last twelve (12) months
prior to surgery;
2. In the event that an extended leave is
necessary, the female employee may
use her earned leave credits; and
3. This special leave shall be noncumulative and nonconvertible to cash.
GUIDELINES
GOVERNING
THE
IMPLEMENTATION OF THE SPECIAL
LEAVE
BENEFITS
FOR
WOMEN
EMPLOYEES IN THE PRIVATE
SECTOR (DOLE Department Order No.
112-11, Series of 2011)
Section 1. Definition of terms. As used in
these Rules, the following terms shall mean:
(a) Special leave benefits for
women refers to a female
employees leave entitlement of
two (2) months with full pay from
her employer based on her gross
monthly compensation following
surgery caused by gynecological
disorders, provided that she has
rendered continuous aggregate
employment service of at least
six (6) months for the last 12
months. This two-month leave is
in addition to leave privileges
under existing laws.
(b) Gynecological disorders refers
to disorders that would require
surgical procedures such as, but
not limited to, dilatation and
curettage and those involving
female reproductive organs such
as the vagina, cervix, uterus,
fallopian tubes, ovaries, breast,
adnexa and pelvic floor, as
certified
by
a
competent
physician. For purposes of the
Act
and
the
Rules
and
Regulations
of
this
Act,
gynecological surgeries shall also
include
hysterectomy,
ovariectomy, and mastectomy
The
provisions in this Chapter shall apply to
all private enterprises as well as
government agencies, including their
subdivisions and instrumentalities, and
government-owned
and
-controlled
corporations.
Upon application to, and determination
by, the Secretary of the Department of
Labor and Employment for the private
sector, and the Chairperson of the Civil
Service Commission for the public
sector, all health and non-health
facilities,
establishments
and
institutions may be exempted for a
renewable period of two (2) years from
Section 6 of this Act where the
establishment of lactation stations is not
feasible or necessary due to the
peculiar circumstances of the workplace
or
public
place
taking
into
consideration, among others, number of
women employees, physical size of the
establishment, and the average number
of women who visit.
All health and non-health facilities,
establishments or institutions which are
exempted in complying with the
provisions of this Act but nevertheless
opted to comply are entitled to the
benefits herein stated: Provided, That
they give their employees the privilege