1.

ISSUE: No Internment on Mondays

Solution: Distribute the Rest days

Basis:
Art. 91. Right to weekly rest day.
It shall be the duty of every employer, whether operating for profit or not, to provide each of
his employees a rest period of not less than twenty-four (24) consecutive hours after every six
(6) consecutive normal work days.
The employer shall determine and schedule the weekly rest day of his employees. However,
the employer shall respect the preference of employees as to their weekly rest day when such
preference is based on religious grounds.
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.

2. ISSUE: Park Crew Separation Pay.

a. They can demand separation pay because of Constructive Dismissal.

Constructive dismissal is an involuntary resignation resulting in cessation of work resorted to

when continued employment becomes impossible, unreasonable or unlikely; when there is a
demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain
by an employer becomes unbearable to an employee. (Regular to Probationary = clear
insensibility or disdain)

b. Starville as Labor Contractor? They do not qualify as Legitimate Labor Contractor but
Labor-Only Contractiing. Starville is not even registered with DOLE.

Art. 106. Contractor or subcontractor. Whenever an employer enters into a contract with
another person for the performance of the formers work, the employees of the contractor and
of the latters subcontractor, if any, shall be paid in accordance with the provisions of this Code.

In the event that the contractor or subcontractor fails to pay the wages of his employees in
accordance with this Code, the employer shall be jointly and severally liable with his
contractor or subcontractor to such employees to the extent of the work performed under
the contract, in the same manner and extent that he is liable to employees directly employed
by him.

There is "labor-only" contracting where the person supplying workers to an employer does not
have substantial capital or investment in the form of tools, equipment, machineries, work
premises, among others, and the workers recruited and placed by such person are performing
activities which are directly related to the principal business of such employer. In such cases,
the person or intermediary shall be considered merely as an agent of the employer who shall
be responsible to the workers in the same manner and extent as if the latter were directly
employed by him.

Solution: Retain them as Regular. Let them sign an employment contract

incorporating therein Strict Company policy.

3. Benefits Required by Law

1. MINIMUM WAGE
2. HOLIDAY PAY (Article 94)
New Year's Day - January 1
Maundy Thursday - Movable Date
Good Friday - Movable Date
Araw ng Kagitingan - April 9
Labor Day - May 1
Independence Day - June 12
National Heroes Day - Last Sunday of August
Bonifacio Day - November 30
Eidul Fitr - Movable Date
Christmas Day - December 25
Rizal Day - December 30

100% if unworked
200% if worked
Provided he/she is present or is on sick leave with pay on the workday immediately preceding
the Holiday.

3. PREMIUM PAY (Articles 91-93)

Special Non-Working Holidays

Ninoy Aquino Monday nearest Aug 21

All Saints Day November 1
Last day of the year December 31

No work no Pay.
If worked 130%
4. OVERTIME PAY (Article 87)
5. NIGHT SHIFT DIFFERENTIAL (Article 86)
6. SERVICE CHARGES (Article 96)
7. SERVICE INCENTIVE LEAVE (Article 95) employee has rendered at least 1 year
of service. 5 days of leave with pay.
8. MATERNITY LEAVE (RA 1161, as amended by RA 8282)
9. PATERNITY LEAVE (RA 8187)
10. PARENTAL LEAVE FOR SOLO PARENTS (RA 8972)
11. LEAVE FOR VICTIMS OF VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
12. SPECIAL LEAVE FOR WOMEN (RA 9710)
13. THIRTEENTH-MONTH PAY (PD 851)
14. SEPARATION PAY (Articles 298- 299)
15. RETIREMENT PAY (Article 302)
16. BENEFITS UNDER THE EMPLOYEES COMPENSATION
17. PHILHEALTH BENEFITS (RA 7875, as amended by RA 9241)
18. SOCIAL SECURITY BENEFITS (RA 1161, as amended by
19. PAG-IBIG BENEFITS (RA 9679)