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For more information on the minimum wage rate per Region, please visit National
Wages and Productivity Commission website to view wage orders per region.
Minimum Wage
The current daily minimum wage for employees in the National Capital Region
(NCR) is PhP382.00, per Wage Order No. NCR-14 granting a wage increase of
PhP20.00 per day effective 28 August 2008.
Premium Pay
Premium Pay refers to the additional compensation required by law for work
performed within eight (8) hours on non-working days, such as rest days and
special days.
Special Days
During special days, the principle of "no work, no pay" applies and on such other
special days as may be proclaimed by the President or by the Congress.
Workers who were not required or permitted to work on those days are not by
law entitled to any compensation. This, however, is without prejudice to any
voluntary practice or provision in the Collective Bargaining Agreement (CBA)
providing for payment of wages and other benefits for days declared as special
days even if unworked.
Executive Order No. 203 as amended by Republic Act No. 9492 lists down
three (3) special days that shall be observed in the country:
Holiday Pay refers to the payment of the regular daily wage for any unworked
regular holidays.
Regular Holidays
Every employee covered by the holiday pay rule is entitled to his daily basic
wage for any unworked regular holiday. This means that the employee is entitled
to at least 100% of his basic wage even if he did not report for work, provided he
is present or is on leave of absence with pay on the work day immediately
preceding the holiday.
Under Executive Order No. 203, as amended by RA 9492, there are eleven
(11) regular holidays, namely:
Overtime Pay
Overtime Pay refers to the additional for work performed beyond eight (8) hours
a day.
Night Shift Differential refers to the additional compensation of ten percent (10%)
of an employee's regular wage for each hour of work performed between
10:00PM and 6:00AM.
Computation of Wages
Computation of wages is governed by the following rules:
Computing Overtime:
On Ordinary Days
Plus 25% of the hourly rate multiplied by the number of hours.
On a rest day, special day or regular holiday
Plus 30% of the hourly rate on said days multiplied by the number of hours.
Every employee who has rendered at least one (1) year of service is entitled to a
yearly service incentive leave of five (5) days with pay.
* government employees
* domestic helpers and persons in the personal service of another
* managerial employees
* field personnel and those whose time and performance is unsupervised by
the employer
* those already enjoying this benefits
* those enjoying vacation leave with pay of at least five (5) days
* those employed in establishments regularly employing less than ten (10)
employees
Meaning of "one year of service"
The phrase "one year of service" of the employee means service within 12
months, whether continuous or broken, reckoned from the date the employee
started working. The period includes authorized absences unworked weekly rest
days, and paid regular holidays. Where by individual or collective agreement,
practice or policy, the period of working days is less than 12 months, said period
shall be considered as one year for the purpose of determining entitlement to the
service incentive leave.
Availment/Commutation to Cash
The service incentive leave may be used for sick and vacation leave purposes.
The unused service incentive leave is commutable to its money equivalent at the
end of the year. In computing, the basis shall be the salary rate at the date of
commutation.
The availment and commutation of this benefit may be on a pro rata basis.
Paternity Leave
Paternity leave is granted to all married male employees in the private sector,
regardless of employment status, (e.g. probationary, regular, contractual, project-
based) the purpose of which is to allow the husband to lend support to his wife
during her period of recovery and/or in the nursing of her newborn child.
The leave shall be for seven (7) days, with full pay, consisting of basic salary and
mandatory allowances fixed by the Regional Wage Board, if any, provided that
his pay shall not be less than the mandated minimum wage.
Availment of the paternity leave may be after the delivery, without prejudice to an
employer's policy of allowing the employee to avail of the benefit before or during
the delivery, provided that the total number of days shall not be more than seven
(7) days for each covered delivery.
Maternity Leave
Parental leave for solo parents is granted to any solo parent or individual who is
left alone with the responsibility of parenthood to enable him/her to perform
parental duties and responsibilities where physical presence is required.
The parental leave in addition to leave privileges under existing laws, shall be for
seven (7) work days every year, with full pay, consisting of basic salary and
mandatory allowances fixed by the Regional Wage Board, if any, provided that
his/her pay shall not be less than the mandated minimum wage.
VAWC leave is granted to private sector women employees who are victims as
defined in Republic Act No. 9262. The leave benefit shall cover the days that the
women employee has to attend to medical and legal concerns.
In addition to other paid leaves under existing labor laws, company policy, and/or
collective bargaining agreement, the qualified victim employee shall be entitled to
a leave of up to ten (10) days with full pay, consisting of basic salary and
mandatory allowances fixed by the Regional Wage Board, if any.
Service Charges
Separation Pay
All employers are required to pay their rank and file employees regardless of the
nature of their employment and irrespective of the method by which their wages
are paid provided they worked for at least one (1) month during a calendar year.
13th Month Pay should be given to the employees not later than December 24 of
every year.
The State shall protect labor, promote full employment, provide equal work
opportunity regardless of gender, race, or creed; and regulate employee-
employer relations.
Male and female employees are entitled to equal compensation for work of equal
value and to equal access to promotion and training opportunities. Discrimination
against female employees is unlawful. It is also unlawful for an employer to
require a condition of employment that a woman employee shall not get married,
or to stipulate expressly or tacitly that a woman employee shall be deemed
dismissed upon marriage.
The minimum age of employment is 18 years for hazardous jobs, and 15 years
for non-hazardous jobs. But a child below 15 maybe employed by parents or
guardians in a non-hazardous job if the employment does not interfere with the
child's schooling.
Security of Tenure
1. serious misconduct
2. willful disobedience of employers' lawful orders connected with work
3. gross and habitual neglect of duty
4. fraud or willful breach of trust
5. commission of crime or offense against the employer, employer's family
member/s or representative
6. other analogous cases
Work Day refers to any day during which an employee is regularly required to
work. Hours of Work refer to all the time an employee renders actual work, or is
required to be on duty or to be at a prescribed workplace. The normal hours of
work in a day is 8 hours. This includes breaks or rest period of less than one
hour, but excludes meal periods, which shall not be less than one hour.
An employee must be paid his or her wages for all hours worked. If all or any part
of his or her regular work hours falls between 10:00 p.m. to 6:00 a.m., he or she
shall be entitled to a night shift pay in addition to his or her regular work hours, or
work for more than 8 hours in one day, he or she shall be entitled to overtime
pay, except when he or she is classified as managerial or field personnel, or is
one who works in the personal service of another, or is one who is paid by result.
Wage is the amount paid to an employee in exchange for a task, piece of work,
or service rendered to an employer. This includes overtime, night differential, rest
day, holiday and 13th month pay. It also includes the fair and reasonable value of
board, lodging and other facilities customarily furnished by the employer.
Wage may be fixed for a given period, as when it is computed hourly, daily or
monthly. It may also be fixed for a specified task or result. If wage is for a fixed
period, the minimum wage for a regular 8-hour workday shall not be lower than
the minimum daily wage applicable to the place of work as determined by the
Regional Tripartite Wage and Productivity Board having jurisdiction over the
employer.
If wage is paid by result, the worker shall receive at least the prescribed minimum
wage for 8 hours of work. The amount may be increased or reduced
proportionately if work rendered for more or less than 8 hours a day.
An employer cannot make any deduction from an employee's wage except for
insurance premiums with the consent of the employee, for union dues, or for
withholding taxes, SSS premiums and other deductions expressly authorized by
law.
Payment of Wages
Wages shall be paid in cash, legal tender at or near the place of work. Payment
may be made through a bank upon written petition of majority of the workers in
establishments with 25 or more employees and within one (1) kilometer radius to
a bank. Payment shall be made directly to the employees.
Wages shall be given not less than once every two (2) weeks or twice within a
month at intervals not exceeding 16 days.
Employment of Women
Welfare facilities must be installed at the workplace such as seats, separate toilet
rooms, lavatories, dressing rooms.
Prohibition against discrimination with respect to pay (i.e. equal pay for work of
equal value), promotion, training opportunities, study and scholarship grants.
Employment of Children
Employers must provide workers with every kind of on-the-job protection against
injury, sickness or death through safe and healthful working conditions.
1. to fix and administer terms and conditions of employment which must not
be below the minimum standards fixed by law
2. to set a mechanism for resolving their grievances
Health means a sound state of the body and mind of the workers that enables
the worker or employee to perform the job normally.
OSH Standards are mandatory rules and standards set and enforced to
eliminate or reduce occupational safety and health hazards in the workplace.
It means that the worker shall be assured of effective protection against the
danger of injury, sickness or death through safe and healthful working conditions.
Employers must provide their employees with the following instruments and/or
working stations:
• Building premises shall have adequate fire, emergency or danger signs and
safety instructions of standard colors and sizes visible at all times;
• Other visible signs that may be needed to direct the driver of motorized
vehicle such as STOP, YIELD, and DO NOT ENTER, properly positioned within
the compound of the establishment shall be used to increase safety especially
during the night;
• Handicapped employees shall be restricted only to designated workplaces. As
far as practicable and feasible they shall be provided with facilities for safe and
convenient movement within the establishment;
• Good housekeeping shall be maintained at all times through cleanliness of
building, yards, machines, equipment, regular waste disposal, and orderly
arrangement of process operations, storage and filing materials;
• Adequate dressing rooms, locker rooms, comfort rooms and lavatories
separate for male and female workers shall be provided.
The Secretary of Labor and Employment, through the Regional Director or other
authorized representative, enforces the OSH Standards in the exercise of
victorial and enforcement powers.
These standards are enforced through the inspectorate system. Thus, every
employer shall give to the Secretary or his/her duly authorized representative
access to its premises or records at any time of the day or night when there is
work to determine and effect compliance.
The Regional Office evaluates the report and conducts a special inspection or
investigation immediately in the subject establishment. The complainant is
notified in writing of the outcome of such investigation.
What are the duties and responsibilities of the employers and the
employees in relation to enforcement and compliance with OSH
Standards in the workplace?
The types and composition of the Safety and Health Committee shall be
organized according to the number of employees or workers in a workplace.