ii Nature of Work of Piece Workers

3.) NORMAL HOURS OF WORK

a) Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed
eight (8) hours a day.

b) Health personnel in cities and municipalities with a population of at least one million
(1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall
hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time
for meals, except where the exigencies of the service require that such personnel work for six
(6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional
compensation of at least thirty percent (30%) of their regular wage for work on the sixth day.
For purposes of this Article, "health personnel" shall include resident physicians, nurses,
nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical
technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

4.) COMPENSABLE HOURS OF WORK

Art. 84. Hours worked. Hours worked shall include (a) all time during which an employee is required to
be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered
or permitted to work.

a) SECTION 3. Hours worked. The following shall be considered as compensable hours worked:

(a) All time during which an employee is required to be on duty or to be at the employer's premises or
to be at a prescribed work place;

SECTION 4. Principles in determining hours worked. The following general principles shall govern in
determining whether the time spent by an employee is considered hours worked for purposes of this
Rule:

(a) All hours are hours worked which the employee is required to give his employer, regardless of
whether or not such hours are spent in productive labor or involve physical or mental exertion.

b.) (b) All time during which an employee is suffered or permitted to work.

5.) SPECIFIC RULES

a.) Rest Periods
(b) all time during which an employee is suffered or permitted to work.
Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered
as compensable working time.
(b) An employee need not leave the premises of the work place in order that his rest period
shall not be counted, it being enough that he stops working, may rest completely and may
leave his work place, to go elsewhere, whether within or outside the premises of his work
place.

b.) Meal Periods

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.

SECTION 7. Meal and Rest Periods. Every employer shall give his employees, regardless of
sex, not less than one (1) hour time-off for regular meals, except in the following cases when
a meal period of not less than twenty (20) minutes may be given by the employer provided
that such shorter meal period is credited as compensable hours worked of the employee:

a. Where the work is non-manual work in nature or does not involve strenuous physical
exertion;
 c.) Waiting Time

SECTION 5. Waiting time. (a) Waiting time spent by an employee shall be considered as working
time if waiting is an integral part of his work or the employee is required or engaged by the employer
to wait.cralaw

(b) An employee who is required to remain on call in the employer's premises or so close thereto that
he cannot use the time effectively and gainfully for his own purpose shall be considered as working
while on call. An employee who is not required to leave word at his home or with company officials
where he may be reached is not working while on call

d.) On call

(b) An employee who is required to remain on call in the employer's premises or so close
thereto that he cannot use the time effectively and gainfully for his own purpose shall be
considered as working while on call.
An employee who is not required to leave word at his home or with company officials where he
may be reached is not working while on call

e.) Inactive due to work interruptions

(d) The time during which an employee is inactive by reason of interruptions in his work
beyond his control shall be considered working time either if the imminence of the resumption
of work requires the employee's presence at the place of work or if the interval is too brief to
be utilized effectively and gainfully in the employee's own interest.

f.) Necessary work after normal working hours

SECTION 4. Principles in determining hours worked. The following general principles shall govern in
determining whether the time spent by an employee is considered hours worked for purposes of this
Rule:

(c) If the work performed was necessary, or it benefited the employer, or the employee could not
abandon his work at the end of his normal working hours because he had no replacement, all time
spent for such work shall be considered as hours worked, if the work was with the knowledge of his
employer or immediate supervisor.

g.) SECTION 6. Lectures, meetings, training programs. Attendance at lectures, meetings, training
programs, and other similar activities shall not be counted as working time if all of the following
conditions are met:

(a) Attendance is outside of the employee's regular working hours;

(b) Attendance is in fact voluntary; and

(c) The employee does not perform any productive work during such attendance.

6.) OVERTIME WORK/ PAY

a) 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.cral
b) SECTION 10. Compulsory overtime work. In any of the following
cases, an employer may require any of his employees to work beyond eight
(8) hours a day, provided that the employee required to render overtime
work is paid the additional compensation required by these regulations:

(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 overtime work is necessary to prevent loss of life or property, or in case
of imminent danger to public safety due to actual or impending emergency in the
locality caused by serious accident, fire, floods, typhoons, earthquake, epidemic or
other disaster or calamities;

(c) 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
causes of similar nature;

(d) When the work is necessary to prevent loss or damage to perishable goods;

(e) When the completion or continuation of work started before the 8th hour is
necessary to prevent serious obstruction or prejudice to the business or operations
of the employer; or

(f) When overtime work is necessary to avail of favorable weather or environmental

conditions where performance or quality of work is dependent thereon.

In cases not falling within any of these enumerated in this Section, no employee
may be made to work beyond eight hours a day against his will.

c) Art. 88. Undertime not offset by overtime. Undertime work on any

particular day shall not be offset by overtime work on any other day.
Permission given to the employee to go on leave on some other day of the
week shall not exempt the employer from paying the additional
compensation required in this Chapter.
d) 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 thirty percent
(30%) of his regular wage. For work performed in excess of eight (8) hours
on special holidays and rest days not falling on regular holidays, an employee
shall be paid an additional compensation for the overtime work equivalent to
his rate for the first eight hours on a special holiday or rest day plus at least
thirty percent (30%) thereof.

(b) Employees of public utility enterprises as well as those employed in non-profit

institutions and organizations shall be entitled to the premium and overtime pay
provided herein, unless they are specifically excluded from the coverage of this Rule
as provided in Section 2 hereof.

(c) The payment of additional compensation for work performed on regular holidays
shall be governed by Rule IV, Book Three, of these Rules.

7.) NIGHT WORK

Art. 86. Night shift differential. Every employee shall be paid a night shift
differential of not less than ten percent (10%) of his regular wage for each hour of
work performed between ten oclock in the evening and six oclock in the morning.

RULE II
Night Shift Differential

a) SECTION 1. Coverage. This Rule shall apply to all employees

except:
(a) Those of the government and any of its political subdivisions, including
government-owned and/or controlled corporations;

(b) Those of retail and service establishments regularly employing not more than
five (5) workers;

(c) Domestic helpers and persons in the personal service of another;

(d) Managerial employees as defined in Book Three of this Code;

(e) Field personnel and other employees whose time and performance is
unsupervised by the employer including those who are engaged on task or contract
basis, purely commission basis, or those who are paid a fixed amount for
performing work irrespective of the time consumed in the performance thereof.

b) f) "Retail Establishment" is one principally engaged in the sale of goods

to end-users for personal or household use;

g) "Service Establishment" is one principally engaged in the sale of service to

individuals for their own or household use and is generally recognized as such;

c) SECTION 2. Night shift differential. An employee shall be paid night

shift differential of no less than ten per cent (10%) of his regular wage for
each hour of work performed between ten o'clock in the evening and six
o'clock in the morning.cralaw

SECTION 3. Additional compensation. Where an employee is permitted or

suffered to work on the period covered after his work schedule, he shall be entitled
to his regular wage plus at least twenty-five per cent (25%) and an additional
amount of no less than ten per cent (10%) of such overtime rate for each hour or
work performed between 10 p.m. to 6 a.m.cralaw

SECTION 4. Additional compensation on scheduled rest day/special holiday. An

employee who is required or permitted to work on the period covered during rest
days and/or special holidays not falling on regular holidays, shall be paid a
compensation equivalent to his regular wage plus at least thirty (30%) per cent and
an additional amount of not less than ten (10%) per cent of such premium pay rate
for each hour of work performed.cralaw

SECTION 5. Additional compensation on regular holidays. For work on the period

covered during regular holidays, an employee shall be entitled to his regular wage
during these days plus an additional compensation of no less than ten (10%) per
cent of such premium rate for each hour of work performed.

SECTION 6. Relation to agreements. Nothing in this Rule shall justify an

employer in withdrawing or reducing any benefits, supplements or payments as
provided in existing individual or collective agreements or employer practice or
policy.
B. WEEKLY REST PERIODS

RULE III
Weekly Rest Periods

1.) SECTION 1. General statement on coverage. This Rule shall apply to

all employers whether operating for profit or not, including public utilities
operated by private persons.cralaw

SECTION 2. Business on Sundays/Holidays. All establishments and enterprises

may operate or open for business on Sundays and holidays provided that the
employees are given the weekly rest day and the benefits as provided in this
Rule.cralaw

2.) SECTION 3. Weekly rest day. Every employer shall give his
employees a rest period of not less than twenty-four (24) consecutive hours
after every six consecutive normal work days.cralaw
3.) SECTION 4. Preference of employee. The preference of the
employee as to his weekly day of rest shall be respected by the employer if
the same is based on religious grounds. The employee shall make known his
preference to the employer in writing at least seven (7) days before the
desired effectivity of the initial rest day so preferred.cralaw

Where, however, the choice of the employee as to his rest day based on religious
grounds will inevitably result in serious prejudice or obstruction to the operations of
the undertaking and the employer cannot normally be expected to resort to other
remedial measures, the employer may so schedule the weekly rest day of his choice
for at least two (2) days in a month.cralaw

SECTION 5. Schedule of rest day. (a) Where the weekly rest is given to all
employees simultaneously, the employer shall make known such rest period by
means of a written notice posted conspicuously in the work place at least one week
before it becomes effective.cralaw

(b) Where the rest period is not granted to all employees simultaneously and
collectively, the employer shall make known to the employees their respective
schedules of weekly rest through written notices posted conspicuously in the work
place at least one week before they become effective.cralaw

4.) SECTION 6. When work on rest day authorized. An employer may

require any of his employees to work on his scheduled rest day for the
duration of the following emergencies and exceptional conditions:

(a) In case of actual or impending emergencies caused by serious accident, fire,

flood, typhoon, earthquake, epidemic or other disaster or calamity, to prevent loss
of life or property, or in cases of force majeure or imminent danger to public safety;

(b) In case of urgent work to be performed on machineries, equipment or

installations to avoid serious loss which the employer would otherwise suffer;

(c) In the event of abnormal pressure of work due to special circumstances, where
the employer cannot ordinarily be expected to resort to other measures;

(d) To prevent serious loss of perishable goods;

(e) Where the nature of the work is such that the employees have to work
continuously for seven (7) days in a week or more, as in the case of the crew
members of a vessel to complete a voyage and in other similar cases; and

(f) When the work is necessary to avail of favorable weather or environmental

conditions where performance or quality of work is dependent thereon.cralaw

No employee shall be required against his will to work on his scheduled rest day
except under circumstances provided in this Section: Provided, However, that
where an employee volunteers to work on his rest day under other circumstances,
he shall express such desire in writing, subject to the provisions of Section 7 hereof
regarding additional compensation.cralaw

5.) SECTION 7. Compensation on rest day/Sunday/holiday. (a) Except

those employees referred to under Section 2, Rule I, Book Three, an
employee who is made or permitted to work on his scheduled rest day shall
be paid with an additional compensation of at least 30% of his regular wage.
An employee shall be entitled to such additional compensation for work
performed on a Sunday only when it is his established rest day.
6.) (b) Where the nature of the work of the employee is such that he has
no regular work days and no regular rest days can be scheduled, he shall be
paid an additional compensation of at least 30% of his regular wage for work
performed on Sundays and holidays.cralaw

(c) Work performed on any special holiday shall be paid with an additional
compensation of at least 30% of the regular wage of the employees. Where such
holiday work falls on the employee's scheduled rest day, he shall be entitled to
additional compensation of at least 50% of his regular wage.cralaw

(d) The payment of additional compensation for work performed on regular holiday
shall be governed by Rule IV, Book Three, of these regulations.cralaw

7.) 6.)(e) Where the collective bargaining agreement or other applicable

employment contract stipulates the payment of a higher premium pay than
that prescribed under this Section, the employer shall pay such higher
rate.cralaw

SECTION 8. Paid-off days. Nothing in this Rule shall justify an employer in

reducing the compensation of his employees for the unworked Sundays, holidays,
or other rest days which are considered paid-off days or holidays by agreement or
practice subsisting upon the effectivity of the Code.cralaw

SECTION 9. Relation to agreements. Nothing herein shall prevent the employer

and his employees or their representatives in entering into any agreement with
terms more favorable to the employees than those provided herein, or be used to
diminish any benefit granted to the employees under existing laws, agreements,
and voluntary employer practices.
 C. HOLIDAYS
Chapter III
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES

Art. 94. Right to holiday pay.

Every worker shall be paid his regular daily wage during regular holidays, except in
retail and service establishments regularly employing less than ten (10) 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; and

As used in this Article, "holiday" includes: New Years Day, Maundy Thursday, Good
Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the
thirtieth of November, the twenty-fifth and thirtieth of December and the day
designated by law for holding a general election.

EXECUTIVE ORDER NO. 203 June 30, 1987

PROVIDING A LIST OF REGULAR HOLIDAYS AND SPECIAL DAYS TO BE OBSERVED

THROUGHOUT THE PHILIPPINES AND FOR OTHER PURPOSES
WHEREAS, a Cabinet Assistance Secretariat Committee was constituted to
review all existing public holidays;

WHEREAS, there are too many holidays being observed which has caused
confusion among the public.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby
order:
Sec. 1. Unless otherwise modified by law, order or proclamation, the following
regular holidays and special days shall be observed in this country:
A. Regular Holidays
New Year's Day January
Maundy Thursday Movable date
Good Friday Movable date
Araw ng Kagitingan (Bataan and April 9
Corregidor Day)
Labor Day May 1
Independence Day June 12
National Heroes Day Last Sunday of August
Bonifacio Day November 30
Christmas Day December 25
Rizal Day December 30
B. Nationwide Special Days
All Saints Day November 1
Last Day of the Year December 31

Sec. 2. Henceforth, the terms "legal or regular holiday" and "special holiday", as
used in laws, orders, rules and regulations or other issuances shall now be referred
to as "regular holiday" and "special day", respectively.
Sec. 3. All laws, orders, issuances, rules and regulations or parts thereof
inconsistent with this Executive Order are hereby repealed or modified accordingly.

Sec. 4. This Executive Order shall take effect immediately.

Done in the City of Manila, this 30th day of June, in the year of Our Lord, nineteen
hundred and eighty-seven.

I. RULE IV Holidays with Pay

SECTION 1. Coverage. This rule shall apply to all employees except:

(a) Those of the government and any of the political subdivision, including government-
owned and controlled corporation;

(b) Those of retail and service establishments regularly employing less than ten (10)
workers;

(c) Domestic helpers and persons in the personal service of another;

(d) Managerial employees as defined in Book Three of the Code;

(e) Field personnel and other employees whose time and performance is unsupervised by
the employer including those who are engaged on task or contract basis, purely commission
basis, or those who are paid a fixed amount for performing work irrespective of the time
consumed in the performance thereof.

RA 6727

f) "Retail Establishment" is one principally engaged in the sale of goods to end-users for
personal or household use;

g) "Service Establishment" is one principally engaged in the sale of service to individuals for
their own or household use and is generally recognized as such;

II. REPUBLIC ACT NO. 9492

AN ACT RATIONALIZING THE CELEBRATION OF NATIONAL HOLIDAYS AMENDING FOR THE
PURPOSE SECTION 26, CHAPTER 7, BOOK 1 OF EXECUTIVE ORDER NO. 292, AS AMENDED,
OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987

SECTION 1. Section 26, Chapter 7, Book 1 of Executive Order No. 292, as amended, otherwise
known as the Administrative Code of 1987, is hereby amended to read as follows:

SEC. 26. Regular Holidays and Nationwide Special Days. (1) Unless otherwise modified by
law, order or proclamation, the following regular holidays and special days shall be observed in the
country:
a) Regular Holidays
New Years Day -January 1
Maundy Thursday -Movable Date
Good Friday -Movable Date
Eidul Fitr -Movable Date
Araw ng Kagitingan (Bataan and Corregidor Day) -Monday nearest April 9
Labor Day -Monday nearest May 1
Independence Day -Monday nearest June 12
National Heroes Day -Last Monday of August
Bonifacio Day -Monday nearest November 30
Christmas Day -December 25
Rizal Day -Monday nearest December 30
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 that 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 proclamation, at least six months prior
to the holiday concerned, the specific date that shall be declared as a nonworking day:
Provided, however, That Eidul Adha shall be celebrated as a regional holiday in the Autonomous
Region in Muslim Mindanao.

III. SECTION 2. All laws, orders presidential issuances, rules and regulations or part
thereof inconsistent with this Act are hereby repealed or modified accordingly.
IV. SECTION 3. This Act shall take effect after fifteen (15) days following its publication
in at least two newspapers of general circulation.
 III.) HOLIDAY PAY
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; and

a.) Faculty in Private Schools

SECTION 8. Holiday pay of certain employees. (a) Private school teachers, including faculty
members of colleges and universities, may not be paid for the regular holidays during
semestral vacations. They shall, however, be paid for the regular holidays during Christmas
vacation;

b.) Divisor as factor

c.) Sunday

Art. 93. Compensation for rest day, Sunday or holiday work.

Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an
additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be
entitled to such additional compensation for work performed on Sunday only when it is his established
rest day.

SECTION 2. Business on Sundays/Holidays. All establishments and enterprises may operate or open
for business on Sundays and holidays provided that the employees are given the weekly rest day and
the benefits as provided in this Rule.cralaw

d.) Muslim Holidays

PRESIDENTIAL DECREE No. 1083

A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM
LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR
OTHER PURPOSES

BOOK FIVE
MISCELLANEOUS AND TRANSITORY PROVISIONS

TITLE I
MUSLIM HOLIDAYS

Article 169. Official Muslim holidays. The following are hereby recognized as legal Muslim holidays:

(a) 'Amun Jadid (New Year), which falls on the first day of the first lunar month of Muharram;

(b) Maulid-un-Nabi (Birthday of the Prophet Muhammad), which falls on the twelfth day of the third
lunar month of Rabi-ul-Awwal;

(c) Lailatul Isra Wal Mi'raj (Nocturnal Journey and Ascension of the Prophet Muhammad), which falls
on the twenty-seventh day of the seventh lunar month of Rajab;

(d) 'Id-ul-Fitr (Hari Raya Pausa), which falls on the first day of the tenth lunar month of Shawwal,
commemorating the end of the fasting season; and

(e) 'Id-ul-Adha (Hari Raja Haji), which falls on the tenth day of the twelfth lunar month of Dhu 1-Hijja.

Article 172. Observance of Muslim employees.

(1) All Muslim government officials and employees in places other than those enumerated under
Article 170 shall also be excused from reporting to office in order that they may be able to observe
Muslim holidays.

(2) The President of the Philippines may, by proclamation, require private offices, agencies or
establishments to excuse their Muslim employees from reporting for work during a Muslim holiday
without reduction in their usual compensation.
 IV. ABSENCES
SECTION 6. Absences. (a) All covered employees shall be entitled to the benefit provided herein
when they are on leave of absence with pay. Employees who are on leave of absence without pay on
the day immediately preceding a regular holiday may not be paid the required holiday pay if he has
not worked on such regular holiday.

V. NON-WORKING DAY/ HOLIDAY

(c) Where the day immediately preceding the holiday is a non-working day in the establishment or the
scheduled rest day of the employee, he shall not be deemed to be on leave of absence on that day, in
which case he shall be entitled to the holiday pay if he worked on the day immediately preceding the
non-working day or rest day.

D. SERVICE INCENTIVE LEAVE

Art. 95. Right to service incentive leave.

Every employee who has rendered at least one year of service shall be entitled to a yearly service
incentive leave of five days with pay.

This provision shall not apply to those who are already enjoying the benefit herein provided, those
enjoying vacation leave with pay of at least five days and those employed in establishments regularly
employing less than ten employees or in establishments exempted from granting this benefit by the
Secretary of Labor and Employment after considering the viability or financial condition of such
establishment.

The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any
court or administrative action.

1. Coverage/ Exclusions

RULE V
Service Incentive Leave

SECTION 1. Coverage. This rule shall apply to all employees except:

(a) Those of the government and any of its political subdivisions, including government-owned and
controlled corporations;

(b) Domestic helpers and persons in the personal service of another;

(c) Managerial employees as defined in Book Three of this Code;

(d) Field personnel and other employees whose performance is unsupervised by the employer
including those who are engaged on task or contract basis, purely commission basis, or those who are
paid a fixed amount for performing work irrespective of the time consumed in the performance
thereof;

(e) Those who are already enjoying the benefit herein provided;

(f) Those enjoying vacation leave with pay of at least five days; and

(g) Those employed in establishments regularly employing less than ten employees.

2. Requirements

SECTION 2. Right to service incentive leave. Every employee who has rendered at least one year of
service shall be entitled to a yearly service incentive leave of five days with pay.

SECTION 3. Definition of certain terms. The term "at least one-year service" shall mean service for
not less than 12 months, whether continuous or broken reckoned from the date the employee started
working, including authorized absences and paid regular holidays unless the working days in the
establishment as a matter of practice or policy, or that provided in the employment contract is less
than 12 months, in which case said period shall be considered as one year.
SECTION 5. Treatment of benefit. The service incentive leave shall be commutable to its money
equivalent if not used or exhausted at the end of the year.

E. VACATION LEAVE/ SICK LEAVE

F. PATERNITY LEAVE
a.)

a) SECTION 2. Coverage. Every married male employee in the private sector shall be
entitled to paternity leave benefits of seven (7) days with full pay for the first four deliveries
by his lawful spouse under such terms and conditions as hereinafter provided. The rules on
paternity leave of employees in the public sector shall be promulgated by the Civil Service
Commission.

b) SECTION 3. Conditions to entitlement of paternity leave benefits. A married male

employee shall be entitled to paternity benefits provided that: a. he is an employee at the
time of delivery of his child; b. he is cohabiting with his spouse at the time she gives birth or
suffers a miscarriage. prcd c. he has applied for paternity leave in accordance with Section 4
hereof; and d. his wife has given birth or suffered a miscarriage.
SECTION 4. Application for leave. The married male employees shall apply for paternity
leave with his employer within a reasonable period of time from the expected date of delivery
by the pregnant spouse, or within such period as may be provided by company rules and
regulations or by collective bargaining agreement, provided that prior application for leave
shall not be required in case of miscarriage.

c) SECTION 5. Availment. Paternity leave benefits shall be granted to the qualified

employee after the delivery by his wife, without prejudice to an employer allowing an
employee to avail of the benefit before or during the delivery; provided, that the total number
of days shall not exceed seven (7) days for each delivery.

d) SECTION 6. Benefits. The employee is entitled to his full pay, consisting of basic
salary, for the seven (7) days during which he is allowed not to report for work, provided, that
his pay shall not be less than the mandated minimum wage.

e) SECTION 7. Non-commutation of benefits. In the event that paternity leave benefit

is not availed of, said leave shall not be convertible to cash.

f) SECTION 10. Penalty. Any person, corporation, trust, firm, partnership, association or entity
found violating any provision of these Rules shall be penalized by a fine not exceeding twenty
five thousand pesos (P25,000) or imprisonment of not less than thirty (30) days nor more
than six (6) months. If the violation is committed by a corporation, trust or firm, partnership,
association or any other entity, the penalty of imprisonment shall be imposed on the entitys
responsible officers, including but not limited to, the president, vice president, chief executive
officer, general manager, managing director or partner directly responsible therefor.

g) SECTION 1. Definition of Terms. As used in these Rules, the following terms shall
have the meaning as indicated hereunder:

b. Employee refers to any person who performs services for another and receives compensation
therefor, provided an employer-employee relationship exists between them.

SECTION 3. Conditions to entitlement of paternity leave benefits. A married male employee shall be
entitled to paternity benefits provided that: a. he is an employee at the time of delivery of his child;
G. PATERNAL LEAVE
1.) Section 1. Title. - This Act shall be known as the "Solo Parents' Welfare Act of 2000."
Section 2. Declaration of Policy. - It is the policy of the State to promote the family as the
foundation of the nation, strengthen its solidarity and ensure its total development. Towards
this end, it shall develop a comprehensive program of services for solo parents and their
children to be carried out by the Department of Social Welfare and Development (DSWD), the
Department of Health (DOH), the Department of Education, Culture and Sports (DECS), the
Department of the Interior and Local Government (DILG), the Commission on Higher
Education (CHED), the Technical Education and Skills Development Authority (TESDA), the
National Housing Authority (NHA), the Department of Labor and Employment (DOLE) and
other related government and nongovernment agencies.

2.) 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
factoseparation 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 child/children instead of
having others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or children;

(10) Any family member who assumes the responsibility of head of family as a result of the death,
abandonment, disappearance or prolonged absence of the parents or solo parent.

A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she
is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these
benefits.

3.) Section 4. Criteria for Support. - Any solo parent whose income in the place of
domicile falls below the poverty threshold as set by the National Economic and Development
Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be
eligible for assistance: Provided, however, That any solo parent whose income is above the
poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not
more than seven (7) working days every year shall be granted to any solo parent employee who has
rendered service of at least one (1) year.
SEC. 7. Criteria for Support. Any solo parent whose income in the place of domicile falls equal to or
below the poverty threshold as set by the NSCB and subject to the assessment of the duly appointed
or designated social worker in the area shall be eligible for assistance: Provided, however, That any
solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in
Sections 16, 17, 18, 19, 20, 21 and 23 of these Rules. For purposes of the Act and these Rules, the
place of domicile shall refer to the residence mentioned in Section 8(a) of these Rules.

4.) SEC. 8. Qualifications of Solo Parent. A solo parent seeking benefits other than
those provided for under Sections 16, 17, 18, 19, 20, 21 and 23 of these Rules shall be
qualified on the basis of the following: (a) A resident of the area where the assistance is
sought, as certified by the barangay captain; Provided, that if the solo parent is a transferee
from another barangay, he/she is required to secure a clearance from his/her previous
barangay, indicating whether or not he/she has availed of any benefits for solo parents, and
the nature of such benefits. (b) With an income level equal to or below the poverty threshold
as set forth by NSCB and assessed by a social worker as provided for under Section 7 of these
Rules.

5.) d.)"Parental leave" - shall mean leave benefits granted to a solo parent to enable
him/her to perform parental duties and responsibilities where physical presence is required.

e.) "Flexible work schedule" - is the right granted to a solo parent employee to vary his/her arrival and
departure time without affecting the core work hours as defined by the employer.

a) Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule
for solo parents: Provided, That the same shall not affect individual and company
productivity: Provided, further, That any employer may request exemption from the above
requirements from the DOLE on certain meritorious grounds.

b) Section 7. Work Discrimination. - No employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of his/her status.
SEC. 17. Work Discrimination. No employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of his/her status.

c) Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave
of not more than seven (7) working days every year shall be granted to any solo parent
employee who has rendered service of at least one (1) year.

SEC. 18. Parental Leave. In addition to leave privileges under existing laws, parental leave
of not more than seven (7) working days every year shall be granted to any solo parent
employee who has rendered service of at least one (1) year. The seven-day parental leave
shall be non-cumulative. SEC. 19. Conditions for Entitlement of Parental Leave. A solo
parent shall be entitled to parental leave provided that: (a) He/She has rendered at least one
(1) year of service whether continuous or broken at the time of the effectivity of the Act; (b)
He/She has notified his/her employer of the availment thereof within a reasonable time
period; and (c) He/She has presented a Solo Parent Identification Card to his/her employer.

6.)
a.) SEC. 19. Conditions for Entitlement of Parental Leave. A solo parent shall be entitled to
parental leave provided that:

He/She has rendered at least one (1) year of service whether continuous or broken at the time of
the effectivity of the Act;

He/She has notified his/her employer of the availment thereof within a reasonable time period;
and

He/She has presented a Solo Parent Identification Card to his/her employer.

b.) SEC. 20. Non-conversion of Parental Leave. In the event that the parental leave is not
availed of, said leave shall not be convertible to cash unless specifically agreed upon previously.
However, if said leave were denied an employee as a result of non-compliance with the provisions
 of these Rules by an employer, the aforementioned leave may be used as a basis for the
computation of damages.

H. VICTIMS LEAVE

Republic Act No. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

1.) SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has
or had a sexual or dating relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such
acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the
victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman
or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live
in the conjugal home or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing
or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family
to which the victim belongs, or to witness pornography in any form or to witness abusive injury to
pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common
children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of
the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal money or
properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the
physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful
justification follows the woman or her child or places the woman or her child under surveillance
directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a continuing basis during the course
of the relationship. A casual acquaintance or ordinary socialization between two individuals in a
business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a
common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the
Department of Social Welfare and Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act or any other suitable place the
resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking
care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.

2.) SECTION 43. Entitled to Leave. Victims under this Act shall be entitled to take a paid leave of
absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service
Rules and Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in
accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an
employer who shall prejudice any person for assisting a co-employee who is a victim under this Act
shall likewise be liable for discrimination.

Section 42. Ten-day paid leave in addition to other leave benefits. - At any time during the
application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim
of VAWC who is employed shall be entitled to a paid leave of up to ten (10) days in addition to other
paid leaves under the Labor Code and Civil Service Rules and Regulations and other existing laws and
company policies, extendible when the necessity arises as specified in the protection order. The
Punong Barangay/kagawad or prosecutor or the Clerk of Court, as the case may be, shall issue a
certification at no cost to the woman that such an action is pending, and this is all that is required for
the employer to comply with the 10-day paid leave. For government employees, in addition to the
aforementioned certification, the employee concerned must file an application for leave citing as basis
R.A. 9262. The administrative enforcement of this leave entitlement shall be considered within the
jurisdiction of the Regional Director of the DOLE under Article 129 of the Labor Code of the Philippines,
as amended, for employees in the private sector, and the Civil Service Commission, for government
employees.
3. The availment of the ten day-leave shall be at the option of the woman employee, which shall
cover the days that she has to attend to medical and legal concerns. Leaves not availed of
are noncumulative and not convertible to cash.
The employer/agency head who denies the application for leave, and who shall prejudice the victim-
survivor or any person for assisting a co-employee who is a victim-survivor under the Act shall be held
liable for discrimination and violation of R.A 9262.
The provision of the Labor Code and the Civil Service Rules and Regulations shall govern the penalty
to be imposed on the said employer/agency head.

I.SPECIAL LEAVE BENEFITS FOR WOMEN

Republic Act No. 9710 August 14, 2009

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

1.) Section 18. Special Leave Benefits for Women. - A woman employee having rendered
continuous aggregate employment service of at least six (6) months for the last twelve (12)
months shall be entitled to a special leave benefit of two (2) months with full pay based on her
gross monthly compensation following surgery caused by gynecological disorders.
J. SERVICE CHARGES
Art. 96. Service charges. All service charges collected by hotels, restaurants and similar
establishments shall be distributed at the rate of eighty-five percent (85%) for all covered employees
and fifteen percent (15%) for management. The share of the employees shall be equally distributed
among them. In case the service charge is abolished, the share of the covered employees shall be
considered integrated in their wages.

1.) SECTION 1. Coverage. This rule shall apply only to establishments collecting service
charges such as hotels, restaurants, lodging houses, night clubs, cocktail lounge, massage
clinics, bars, casinos and gambling houses, and similar enterprises, including those entities
operating primarily as private subsidiaries of the Government.

2.) SECTION 2. Employees covered. This rule shall apply to all employees of covered
employers, regardless of their positions, designations or employment status, and irrespective of the
method by which their wages are paid except to managerial employees.cralaw

As used herein, a "managerial employee" shall mean one who is vested with powers or prerogatives to
lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall,
discharge, assign, or discipline employees or to effectively recommend such managerial actions. All
employees not falling within this definition shall be considered rank-and-file employees.

3.) SECTION 3. Distribution of service charges. All service charges collected by covered
employers shall be distributed at the rate of 85% for the employees and 15% for the management.
The 85% shall be distributed equally among the covered employees. The 15% shall be for the
disposition by management to answer for losses and breakages and distribution to managerial
employees at the discretion of the management in the latter case.

4.) SECTION 4. Frequency of distribution. The shares referred to herein shall be distributed
and paid to the employees not less than once every two (2) weeks or twice a month at intervals not
exceeding sixteen (16) days.

5.) SECTION 5. Integration of service charges. In case the service charges is abolished the
share of covered employees shall be considered integrated in their wages. The basis of the amount to
be integrated shall be the average monthly share of each employee for the past twelve (12) months
immediately preceding the abolition of withdrawal of such charges.

K. NON-DIMUNITION OF BENEFITS
Art. 100. Prohibition against elimination or diminution of benefits. Nothing in this
Book shall be construed to eliminate or in any way diminish supplements, or other
employee benefits being enjoyed at the time of promulgation of this Code.