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ART. 83. Normal hours of work. - The normal hours of work of any employee shall
NOT exceed eight (8) hours a day.
Rest periods of short duration during working hours shall be counted as hours
worked.
Question:
Is the following hours considered compensable working hours?
1. Waiting time
2. Working while eating
3. Working while sleeping
ARTICLE 89
Emergency Overtime Work
a. When the country is at war or when any other national or local emergency
has been declared by the National Assembly or the Chief Executive;
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;
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 cause of similar nature;
d. When the work is necessary to prevent loss or damage to perishable goods;
and
2. Managerial employees
4. Members of the family of the employer who are dependent upon him for
support
5. Domestic helpers and persons in the personal service of another
6. Workers who are paid by results, such as piece-rate or task-basis.
Regular Holidays
If unworked 100%
If worked 1st 8 hours plus 30% of 200%
Excess of 8 hours plus 30% of hourly rate on said day
For declared special days such as Special Non-working Day, Special Public
Holiday, Special National Holiday, in addition to the two nationwide special
days (November 1, All Saints Day and December 31, Last Day of the Year), the
following rules shall apply:
a. If unworked
4. Managerial employees
5. Field personnel and other employees whose time and performance are
unsupervised by employer (contract basis, purely commission basis, paid
fixed amount for performing work irrespective of time consumed in the
performance thereof).
QUESTION:
What are the effects of absences on holiday pay?
Rest Day
It is a rest period of not less than 24 hours after every six consecutive normal
work days. It is an obligation of the employer to provide and schedule the rest
day of the employee.
STATUTORY LEAVES
4. Managerial employees
5. Field personnel and other employees whose time and performance are
unsupervised by employer (contract basis, purely commission basis, paid
fixed amount for performing work irrespective of time consumed in the
performance thereof).
6. Those who are already enjoying the benefit provided
The Senate on March 6, approved on 3rd and final reading the bill seeking to grant
120 days of maternity leave to expectant mothers.
With a vote of 22-0, Senate Bill 1305 or the Expanded Maternity Leave Law of
2017 was passed. Senator Risa Hontiveros, chair of the Senate committee on
women, children, family relations, and gender equality, authored the measure.
Under the bill, all female workers, regardless of civil status or legitimacy of her
child, shall be granted 120 days maternity leave with pay and an option to
extend it for another 30 days without pay. Under the current law, expectant
mothers are allowed only 60 days of paid leave.
Single mothers shall also be granted a total of 150 days maternity leave with pay.
Fathers would also benefit from the measure if passed into law, as it seeks to
grant them 30 days of leave more than the allowed 7 days of paid leave under
Republic Act 7322.
Under the bill, 30 of the 120 days can be transferred to alternate caregivers, such
as the spouse, common-law partner, and relative up to the 4th degree of
consanguinity, including adoptive parents.
"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;
(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.
Meal Periods
Obligation of employer to give employee not less than 60 minutes time for
regular meals. Not compensable. Employees may leave company premises
during meal periods.
WAGES
a. it is the remuneration or earnings, however designated, for work done or
to be done or for services rendered or to be rendered;
b. it is 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;
c. it 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
d. it includes the fair and reasonable value, as determined by the Secretary of
Labor and Employment, of board, lodging, or other facilities customarily furnished
by the employer to the employee.
Salary
Denotes a higher degree of employment or a superior grade of services and
implies a position or office. Wage indicates a considerable for a lower and less
responsible character of employment
Generally, wage and salary refer to the same meaning, that is a reward or
recompense for services rendered.
Wages are exempt from execution or attachment except for debts incurred for
food shelter, clothing and medical attendance (Article 1708 Civil Code)
Whereas, Salaries are not exempt from execution or attachment (Gaa vs. CA 140
SCRA 304)
In TSPIC Corp v. TSPIC Employees Union, the Supreme Court laid down the
elements of diminution of benefits: (1) the grant or benefit is founded on a
policy or has ripened into a practice over a long period; (2) the practice is
consistent and deliberate; (3) the practice is not due to error in the construction
or application of a doubtful or difficult question of law; and (4) the diminution
or discontinuance is done unilaterally by the employer.
However, if the benefits was given by mistake (mistake of fact or mistake of law),
an employer can therefore stop payment that has been erroneously granted
without violating the principle of non-diminution of benefits.
REASON: Mistake is presumed of something which had never been due was given,
Under the circumstances, the employer cannot only discontinue the benefit but
may even recover what it has erroneously paid, under the principle of solution
indebiti.
Facilities shall include articles or services for the benefit of the employee or
his family but shall not include tools of the trade or articles or services
primarily for the benefit of the employer or necessary to the conduct of the
employers business.
The Secretary of Labor from time to time fixes fair and reasonable value of
board, lodging, and other facilities customarily furnished by an employer to his
employees both in agricultural and non-agricultural enterprise.
The value of Facilities may form part of the wages on the following
requirements:
a. Must be customarily furnished by the employer
Supplements are NOT part of the wages. They are given precisely to augment the
earnings of the employee. Hence supplements cannot be deducted from the
wages of an employee.
Supplements Facilities
Remuneration or special benefits Items of necessary expense
given to employee necessary for the laborers and his
familys existence and subsistence.
Not part of wage, thus cannot be Part of wages and are thus
deducted. deductible therefrom if they are not
furnished.
Granted for the convenience of the Granted for the convenience of the
employer. employee
Once given cannot be eliminated or
diminished
Bonus
Bonus is an amount granted and paid ex gratia to the employee for his
industry or loyalty which contributed to the success of the employers
business and made possible the realization of profits. (Phil Educ. Co. vs CIR 92
Phil 381)
PD 851 requires an employer to pay its employees receiving basic salary of not
more than P1000, regardless of the nature of the employment, a 13th month
pay should be paid not later than December 24, every year, provided they
have worked for at least one month during the calendar year.
Thirteenth month pay shall mean one-twelfth (1/12) of the basic salary of
an employee within a calendar year.
The basic salary of an employee for the purpose of computing the 13th-
month pay shall include all remunerations or earnings paid by the employer
for services rendered but does not include allowances and monetary benefits
which are not considered or integrated as part of the regular or basic salary,
such as the cash equivalent of unused vacation and sick leave credits,
overtime, premium, night differential and holiday pay and cost-of-living
allowances. However, these salary-related benefits should be included as part
All employees NOT falling within the Definition of Managerial Employees are
considered rank and file employees.
MINIMUM WAGE
MINIMUM WAGE is the lowest wage rate fixed by the law that an employer
can pay his workers. Compensation which is less than such minimum rate is
considered an underpayment that violates the law.
PAYMENT OF WAGES
Form of wages
Under the Labor Code and its implementing rules, as a general rule, wages shall
be paid in legal tender and the use of tokens, promissory notes, vouchers,
coupons or any other form alleged to represent legal tender is prohibited even
when expressly requested by the employee.
Payments by checks, postal checks, money order (Sec. 2, Rule 8, Book III IRR)
1. Bank facility within a radius of 1 kilometer from business
General Rule:
at least once every two (2) weeks or twice a month at intervals not exceeding
sixteen (16) days. No employer shall make payment with less frequency than
once a month.
EXCEPTION
when payment cannot be made with such regularity due to force majeure or
circumstances beyond the employers control, in which case, the employer
shall pay the wages immediately after such force majeure or circumstances
have ceased (Art. 103).
Exceptions
a. When payment cannot be effected at or near the place of work by reason
of the deterioration of peace and order conditions, or by reason of actual or
impending emergencies caused by fire, flood, epidemic or other calamity
rendering payment thereat impossible;
b. When the employer provides free transportation to the
Job Contracting
- provides services
- Has substantial capital or investment in the form of tools, equipment,
machineries, work premises, among others, and the workers recruited and
placed perform activities directly related to the principal business of the
employer.
- Job Contracting Article 106 to 109 (Repealed by DO 18-A and DO 174)
Contractor/subcontractor and principal shall be jointly and severally liable
for unpaid wages.
- Deemed indirect employer