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PROGRAM FLOW
ISSUE OF THE DAY: LABOR CODE OF THE
VS/ TECHNICAL
SUPPORT
PRESIDENT
PROCLAMATION NO. 831
MAY 1, 1903
PRESIDENTIAL DECREE
NO. 442, AS AMENDED,
KNOWN AS THE LABOR
CODE OF THE
PHILIPPINES
Labor Law
a. Labor Standard- covers monetary benefits
and safety and health (focus this episode)
b. Labor Relations- Employee-Employer
relations as well as Union Relations (next
episode)
3. What is Labor Standards?
Its the minimum requirements prescribed by
existing laws, rules and regulations, and other
issuances relating to labor and occupational safety
and health
standards.
4. 3 rules in labor standards
a. You cant give below the standard
b. You can give above the standard
5. What are the different monetary benefits
under the law? (Explain this later)
a. Minimum wage
b. Premium pay
c. Night Shift differential
d. Service Incentive Leave
e. Paternity Leave
f. VAWC Leave
g. 13th Month pay
h. Retirement pay
i. Philhealth benefit*
j. Pagibig Benefit*
k. Social Security Benefit*
l. Holiday pay
m. Overtime pay
n. Service Charges
o. Maternity leave
p. Solo parents leave
q. Special leave for women
r. Separation pay
s. Compensation Benefit* (ECC)
6. What are the basic labor rights?
(Explain briefly)
a. Living wage through monetary benefits
b. Humane conditions of work
c. Security of Tenure
d. Collective Bargaining
i.
Self-organization
ii.
Freedom of Expression
iii.
Strike
7. Whos covered by Labor Law?
The law only applies when there is employer-employee
relationship that exists and most specifically, it applies
only to the Private Sector.
Non-employees Partners, Agents, Ind. Contractors,
Job Contractors, Freelancer, Consultants, corporate
officers, Cooperative members, volunteers, interns.
8. Test to determine Employment
(Please explain briefly)
The Four (4) fold test is used namely;
a. The power to hire
b. The power to fire
c. The payment of compensation
d. Control-most important among the four
9. What are the kinds of employees?
A. PRIVATE SECTOR
i.
Regular
ii.
Casual
iii.
Probationary
iv.
Contractual
UP NEXT: After the break, we will discuss about the
mandated minimum wage and hours of work provided
by the law and as well as to whom it is applied. We will
also answer some of the common questions our
televiewers have in their mind with regards to other
monetary benefits that they are entitled to get.
SET 2
TOPIC : MINIMUM WAGE, HOURS OF WORK,
OVERTIME AND UNDERTIME PAY, HOLIDAY PAY
AND REST DAYS
TIME 4:15-4:30 PM
10.
11.
Minimum Wage?
RA6727 as amended by RA8188 which provides
that non observance will be punishable of the
following penalties:
a. Imprisonment of 2 to 4 years without
probation benefits
b. Fine of 25 k to 100k
Wage?
All private sector employees , except;
i.
Govt employees
ii.
Domestic workers under ra10361
iii.
Personal assistants (family driver)
iv.
Barangay microbusiness enterprises
under RA9178
13.
circumstances
Flexible Work Arrangements DA. No. 2 (S.
2009)
a.
b.
c.
d.
e.
f.
14.
16.
following grounds:
-mandatory : allowed by law
-non-mandatory written authorization
needed
Labor Standards updates in the city:
payment.
payment.
Article 104. Place of
of work?
All employees in all establishments, for profit or
Article 82 Coverage
not.
Exceptions
Government employees under Civil
Service Law;
Managerial employees and managerial
staff;
Domestic workers under RA 10361;
Persons in the personal service of
another;
Workers paid by results;
Field personnel and those whose time
and performance
are unsupervised; and
Dependent family members of the
Employer.
18.
What is the normal hours of work?
Shall not exceed 8 hours/day.
Broken time or workday is lawful.
Shortening of work week is lawful.
19.
What are hours of worked?
All time during which an employee is
required to be on duty or at a prescribed
Article 83 Normal
Hours of Work
work place.
All the time during which an employee is
permitted or suffered to work.
Waiting time compensable if integral part
ofwork.
On call compensable if time cannot be
used for personal purpose.
Travel time if part of work, yes. Home to
work, no. Travel away from home, yes only if it
cuts across employees workday.
Attendance to seminars No, if voluntary,
outside of work hours and/or no productive
work done.
Power interruptions yes, if less than 20
minutes. No if more, and employee leave
premises.
Union matters no, unless CBA provides
otherwise.
Attendance at hearings not compensable.
Strike participation NO, definitely
Meal Periods
Required. It should not be less than 60
minutes, but it is not compensable.
Shortening of meal period- if less than 20
minutes, compensable
Overtime Pay
Overtime Pay refers to the additional
compensation for work performed beyond 8
hours per day.
Compulsory Overtime Work
When there is an emergency or urgent
situation.
When completion or continuation after work
hours is necessary to prevent prejudice to
business or operations.
Rate: 125% of regular hourly rate on ordinary
working days. 130% for overtime work on Rest
Days.
Who are covered?
All employees in all establishments,
for profit or not.
Exceptions
Government employees subject to Civil
Service Law;
Managerial employees and managerial
staff;
Persons in the personal service of
another;
Workers paid by results;
Field personnel and other employees
whose time and
performance are unsupervised; and
Dependent family members of the
Employer.
When Is Overtime Work Valid & Must Be
Paid? With the knowledge of employer or
immediate supervisor.
The work performed was necessary.
The work benefited the Employer.
Employee could not abandon his work at the
end of normal working hours because there is
no replacement.
Undertime Not Offset By Overtime
Undertime work on any day shall not be
offsetby overtime work on any other day.
Permission granted by the Employer for the
Employee to go on leave on some other day
shall not exempt him from the payment of
additional compensation for overtime work
rendered.
Valid overtime work is always subject to
Overtime Pay.
Holiday Pay
Holiday Pay refers to the payment of regular
daily wage for any unworked Regular Holiday at
the rate of 100%.
If the Employee is allowed or required to work
Separation Pay
Employees terminated by the Employer on
the basis of Authorized Causes are entitled
to Separation Pay.
Rate: 1 Month or Month Salary for every
year of service: Closure of
Business ( labor-saving devices, redundancy,
retrenchment to prevent losses or the closing or
cessation of operation of the establishment) and
Serious Disease.
Rate:
-1 Month or 1 Month Salary for every
year of service: Labor-saving device and
Redundancy;
- 1 month pay or at least 1/2 month pay for
every year of service, whichever is higher:
retrenchment to prevent losses and in cases of
closures or cessation of operations of
establishment or undertaking not due to serious
business losses or financial reverses
Regular Allowance in included in the
computation.
13th Month Pay
Rank-and-file employees are entitled to
RA 8187Paternity Leave
RA 8972
Parental Leave for Solo -
with pay.
Parental Leave is Not convertible to cash.
Requirements: At least 1 year of service
and DSWD Solo Parents ID.
Leave for Victims of VAWC
Female employees who are certified as victims
under the Anti-Violence Against Women and
their Children Act of 2004 are entitled to 10
days of leave with pay to enable her to attend to
medical and legal concerns.
VAWC Leave is Not convertible to cash.
Special Leave for Women
Female employees who has undergone surgery
due to gynecological disorders are entitled to 2
months leave with pay to enable her to attend to
medical and legal concerns.
Special Leave is Not convertible to cash.
Requirements: Certification from physician,
and employment service of at least 6 months
within the 12 month period prior to surgery.
Employees CompensationProgram
PhilHEALTH Benefits
The National Health Insurance Program,
which is administered by PhilHEALTH,
provides financial assistance to member
Employees when they get hospitalized.
All employees are required to be members.
Benefits: Inpatient hospital care; and
outpatient care based on a Schedule of
Benefits.
Social Security Benefits
The Social Security Program provides a
RA 9710
Special Leave for Women -