Labor Standards 2010 Holidays

LABOR STANDARDS
and 2010 HOLIDAYS

NWPC
NWPC Learning
Learning Session
Session
on
on Wages
Wages and
and Productivity
Productivity
11Flr., Conference Room, Antonino Bldg.,
Kalaw St. Ermita, Manila
2 February 2010
NICANOR V. BON
Bureau of Working Conditions
Department of Labor and Employment
What are Labor
Standards
the minimum requirements
prescribed by existing laws, rules
and regulations relating to
wages, hours of work,
allowances and other monetary
and welfare benefits, including
those set by occupational safety
and health standards.
Bureau of Working Conditions 2
HOURS of WORK

Normal Hours of Work
not to exceed 8 hours a day.
Hours worked shall include:

All time during which an
employee is required to be on
duty or to be at a prescribed
workplace.
All time during which an

employee is suffered or
permitted to work.
Meal and Rest Periods
not less than 60 mins. time-off for
regular meals. [non-compensable]
-
Rest periods or coffee breaks
running from 5 to 20 mins. are
compensable working time.

Weekly Rest Periods
not less than 24 consecutive hours
after every
6 consecutive normal work days.
The employer shall determine and
schedule the weekly rest day of his
employees. He shall, however,
respect the preference of
employees as to their weekly rest day
when such preference is based on
religious grounds.
RULES FOR PAY
ON
REGULAR HOLIDAYS
AND
SPECIAL DAYS
For Regular Holidays
Holiday Pay -
payment of regular daily
wage for any unworked regular holiday.
if unworked - 100% of the regular
daily wage
if worked - 200% of the regular
daily wage - 200% +
30% or a total of 260%
(regular holiday falling on
rest day)
Condition for entitlement:
present or on leave with pay on the
workday prior to the holiday.
Regular Holidays [ RA 9492 ]
New Years Day January 1

Maundy Thursday Movable date
Good Friday Movable date
Araw ng Kagitingan 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 Nov. 30
Eidul Fitr Movable date
Christmas Day December 25
Rizal Day Monday nearest Dec. 30

For Special Days
Premium Pay - additional compensation
for work performed within 8 hours on a
special day.
if unworked - no pay, unless there is
favorable company
policy, practice or CBA
if worked - plus 30%
- plus 50% [special day falling
on rest day]
National Special Days (RA 9492):

Ninoy Aquino Day Monday nearest
Aug. 21
All Saints Day November 1
Last Day of the Year
December 31 10
For Special Working Days
For work performed, an

employee is entitled only to his
basic rate.
No premium pay is required

since work on said days is
considered work on ordinary
working days.
2010 Regular Holidays
(Proclamation 1841)
New Years Day January 1
Maundy Thursday April 1
Good Friday April 2
Araw ng Kagitingan April 9 (Friday)
Labor Day May 1 (Saturday)
Independence Day June 14 (Monday)
National Heroes Day August 30 (Monday)
Bonifacio Day November 29 (Monday)
Eidul Fitr No proclamation yet
Christmas Day December 25 (Saturday)
Rizal Day December 27 (Monday)
12
2010 Special Days
(Proclamation 1841)
Ninoy Aquino Day August 23 (Monday)
All Saints Day November 1
(Monday)
Additional Special Day December 24
(Friday)
Last Day of the Year December 31
Special
(Friday) Holiday for all schools
EDSA Revolution February 22

(Monday Anniversary nearest
February 25)
13
Other provisions of
Proclamation 1841
Eidl Fitr date of observance to be
declared later by the President. (Regular
Holiday)
Eidl Adha to be declared a national

holiday by the President based on the
recommendation of OMA as to the date of
observance.
14
Overtime Pay [ Art. 87 ]
additional
compensation for work
performed beyond 8 hours.
25% - ordinary work days

30% - rest days, special days &
regular holidays

Night Shift Pay [ Art. 86 ]
additional compensation for work

performed between 10 pm and 6 am.
10% or regular for each hour of

work

Payment of Wages
Forms of Payment
shall be paid in legal tender.
Payment by check or thru ATM - allowed where
the following conditions are met:
with written consent of employees.
bank or ATM facility within 1 km from
workplace.
Employees are given reasonable time
during banking hours to
withdraw wages from bank
facility.
Payment of Wages cont
Time of Payment
not less often than once every 2
weeks or twice a month at intervals
not exceeding 16 days.
Place of Payment
at or near the place of undertaking.

Payment of Wages cont
Direct Payment of Wages
shall be made direct to the
employee.
Exceptions:
Employer is authorized in writing
by employee to pay wages to a
member of his family.
Payment to another person of any
part of the employees wages is
authorized by existing law.
Employees death.
Prohibitions on Wages
Non-interference in disposal of
wages
Withholding of wages and

kickbacks prohibited
Deduction to ensure employment
Retaliatory measures
False reporting
Wage Deduction
Employer should not make any
deduction from wages of employees.
Exceptions:
authorized by law.
with written authorization of

employees for payment to a third
person and the employer agrees
to do so.

Deposits/Deductions for Loss or
Damages
Conditions:
Employee is clearly shown to be
responsible for the loss or damage.
Employee is given reasonable opportunity
to show cause why deduction should
not be made.
Amount of deductions is fair and
reasonable and shall not exceed the
actual loss or damage.
Deduction from wages/salaries does not
exceed 20% of the employees wages in a
week.
THE USE OF FACTORS
Guidelines
Guidelines for
for the
the Computation
Computation
of
of the
the Estimated
Estimated Equivalent
Equivalent
Monthly
Monthly Rate
Rate (EEMR)
(EEMR) of
of
Monthly-Paid
Monthly-Paid and
and Daily-Paid
Daily-Paid
Employees
Employees

Distinction b/w Monthly-Paid and
Monthly-Paid Employees - paid every day
Daily-Paid Employees
of the month, including unworked rest
days, special days and regular holidays.
Daily-Paid Employees - paid on the days

they actually worked except unworked
regular holidays when they are paid their
basic wage if they are present or on leave
with pay on the workday before the
regular holiday.

Procedure in Computing the
EEMR of
Monthly-Paid Employees:
Applicable Daily Rate x 365
= EEMR
12
365 days/year:
299 ordinary workdays

52 rest days
11 regular holidays
3 special days
365 Total equivalent no. of
days/year
For those who work everyday including
Rest Days, Special Days & Regular
Holidays
Applicable Daily Rate x 392.50
= EEMR
12
392.50 days/year:
299 ordinary workdays
22 eleven regular holidays x
200%
67.60 52 rest days x 130%
3.90 3 special days x 130%
392.50 Total equivalent no. of
days/year
For those who do not work and are not
paid on Sundays or Rest days

= EEMR
12
313 days/year:
299 ordinary working days
11 regular holidays
3 special days (if considered
paid; if actually worked = 3.9
days)
313 Total equivalent no. of
days/year
For those who do not work and are not
paid on Saturdays & Sundays or Rest
days
= EEMR
12
261 days/year :
247 ordinary working days
11 regular holidays
3 special days (if considered
paid; if actually worked =
3.9 days)
261 Total equivalent no. of days/year

LEAVE
BENEFITS

Service Incentive Leave
[ Art. 95 ]
employees who rendered 1 year of
service are entitled to 5 days leave
with pay.
Usage/Commutation to Cash:
for sick and vacation leave

purposes.
The unused SIL is commutable to
its money equivalent at the end of
the year.
Maternity Leave [ RA 8282 ]
Coverage
Female employee who has paid at least 3-
monthly contributions in the 12-month
period prior to child birth or miscarriage,
and who is currently employed.
Benefit
The daily maternity benefit is equivalent to
100% of her average daily salary credit.
60 days for normal delivery or miscarriage
78 days Caesarian section delivery

Paternity Leave [ RA 8187 ]
Coverage - MARRIED male employees

Benefit
7 days leave with pay for the 1 st four
deliveries of his lawful wife.
Conditions for entitlement
employee at the time of delivery of his child.
cohabiting with spouse at the time of delivery

or miscarriage.
applied for paternity leave w/n reasonable
period.
his wife has given birth or suffered a
miscarriage.

Parental Leave of Solo Parents
[ RA 8972 ]
Coverage
Any individual under the 10 categories provided by
law
Benefit
7 working days with pay
Conditions for Entitlement
rendered 1 year of service.
notified employer of usage within a reasonable
time.
presented a Solo Parent ID Card to employer
which may be obtained from the DSWD Office of
the City or municipality of residence.

10 categories
Any individual who is left alone with the
responsibility of parenthood due to:
1.giving birth as a result of rape or crimes
against chastity.
2.death of spouse.
3. spouse is detained, or is serving sentence
for a criminal conviction for at least 1 year.
4. physical and/or mental incapacity of
spouse as certified by a public medical
practitioner.
5. declaration of nullity or annulment of
marriage.
10 categories cont
6. legal separation or de facto separation from

spouse for at least 1 year.
7. abandonment of spouse for at least 1 year.
8. Unmarried mother/father who has preferred to keep
and rear the children.
9. Any other person who solely provides parental care
and support to a child provided he/she is licensed
as foster parent or appointed legal guardian.
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 for at least 1
year.

Leave for Victims of VAWC
[ RA9262 ]
Violence Against Women & their Children

(VAWC)
- any act or a series of acts committed by any
person 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 will
result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic
abuses including threats of such acts, battery,
assault, coercion, harassment or arbitrary
deprivation of liberty.
Leave for Victims of VAWC
cont
Benefit
leave with pay up to 10 days, extendible when
the necessity arises as specified under the
protection order.
Requirement for entitlement
certification from the Punong Barangay or
kagawad, or Prosecutor or the Clerk of Court,
as the case may be, that an action is pending.
Availment option of the woman employee
Circumstances for availment

Medical and legal concerns

Special Leave of Women [ RA
9710 ]
SEC. 18. Special Leave Benefits of 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
compensation following surgery caused
by gynecological disorders.
Signed into law by PGMA : August 14, 2009

Published at PDI & Malaya : August 31, 2009
Took effect on : September 15, 2009

13th Month Pay [ PD 851 ]
Coverage
Rank-and-file employees who worked for at
least 1 month during a calendar year,
regardless of :
amount of basic salary receive per month
designation or employment status
method by which wages are paid
Minimum amount of 13th month pay:

not less than 1/12 of the total basic
salary earned by an employee within a
calendar year.

13th Month Pay cont
Definition of basic salary
includes all remunerations or earnings paid
by his employer for services rendered.
NOT included are allowances and monetary
benefits which are not considered
or integrated as part of the regular
or basic salary, such as:
cash equivalent of unused vacation leave
and sick leave credits.
overtime, premium, nightshift differential
and holiday pay.
cost-of-living allowances.
13th Month Pay cont
Time of payment:
not later than December 24 of each year.
employer may give 1/2 of the 13th month

pay before the opening of the regular
school year and the other half on or before
December 24 of every year.
frequency of payment may be the subject
of agreement

13th Month Pay cont
13th Month Pay of Resigned or Separated

Employee
proportionate to the length of time worked
during the year reckoned from the start of
work during the calendar year up to the
time of resignation or termination from the
service.
Formula:
Total Basic Salary
= 13th
Month Pay
12 months
Separation Pay [ Articles 283-
294 ]
One-Half (1/2) Month Pay Per Year of Service
Retrenchment to prevent losses
Closure or cessation of operation of an
establishment not due to serious losses or
financial reverses
disease of an employee not curable
within six (6) months and his continued
employment is prejudicial to his health
or to the health of his co- employees

Separation Pay cont
One (1) Month Pay Per Year of Service

Installation of labor-saving devices
Redundancy
When an employee is illegally dismissed
but reinstatement is no longer feasible
NOTE: In computing separation pay -

basic salary + regular
allowances

Retirement Pay [ RA 7641 ]
Coverage:
all employees regardless of their position,
designation or status and irrespective of the
method by which their wages are paid.
includes part-time employees, employees of
service and other job contractors and
domestic helpers or persons in the personal
service of another.
Optional Retirement: Compulsory
Retirement:
60 years old 65 years old
5 years service
no retirement plan
Retirement Pay cont
Amount of Retirement Pay : one-half month

salary
Component of one-half month salary:
15 days salary
cash equivalent of 5 days of SIL
1/12 of the 13th month pay
or a total of 22.5 days [Capitol Wireless, Inc.
vs. Sec.
Confesor, Nov. 13,
1996]
Formula:
Minimum retirement pay
= Daily Rate x 22.5 days x years in
Retirement Pay cont...
Total Benefits a retired employee should

receive from employer at the time of
retirement:
Retirement pay (RA 7641)
Proportionate 13th month pay
Cash equivalent of leave benefits, if
demandable

have a nice day..

For more information, visit or
contact:
DOLE Regional/Provincial Offices
or
DOLE CALL WEBSITE:
CENTER: www.dole.gov.ph
908-2917
In Metro Manila:
DOLE - National Capital
Region
NCR Bldg. (formerly WASMIYA
Bldg.)
967 Maligaya St., Malate, Manila
Bureau of Working Conditions 339-2013 / 339-2017 49

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Labor Standards 2010 Holidays

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LABOR STANDARDS

and 2010 HOLIDAYS

Bureau of Working Conditions

Hours worked shall include:

All time during which an

Bureau of Working Conditions 5

New Years Day January 1

Bureau of Working Conditions 9

National Special Days (RA 9492):

For work performed, an

No premium pay is required

EDSA Revolution February 22

Eidl Adha to be declared a national

25% - ordinary work days

Bureau of Working Conditions 15

additional compensation for work

10% or regular for each hour of

Bureau of Working Conditions 16

at or near the place of undertaking.

Bureau of Working Conditions 18

Withholding of wages and

Deduction to ensure employment

with written authorization of

Bureau of Working Conditions 21

Bureau of Working Conditions

Daily-Paid Employees - paid on the days

Bureau of Working Conditions 24

299 ordinary workdays

Applicable Daily Rate x 313

261 Total equivalent no. of days/year

Bureau of Working Conditions 28

Bureau of Working Conditions

for sick and vacation leave

Bureau of Working Conditions 31

Coverage - MARRIED male employees

cohabiting with spouse at the time of delivery

Bureau of Working Conditions 32

Bureau of Working Conditions 33

6. legal separation or de facto separation from

Bureau of Working Conditions 35

Violence Against Women & their Children

Availment option of the woman employee

Circumstances for availment

Bureau of Working Conditions 37

SEC. 18. Special Leave Benefits of Women.

Signed into law by PGMA : August 14, 2009

Bureau of Working Conditions 38

Minimum amount of 13th month pay:

Bureau of Working Conditions 39

employer may give 1/2 of the 13th month

Bureau of Working Conditions 41

13th Month Pay of Resigned or Separated

Bureau of Working Conditions 43

One (1) Month Pay Per Year of Service

but reinstatement is no longer feasible

NOTE: In computing separation pay -

Bureau of Working Conditions 44

Amount of Retirement Pay : one-half month

Total Benefits a retired employee should

Bureau of Working Conditions 47

Bureau of Working Conditions 48

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