Professional Documents
Culture Documents
Philippine General Labor Standards
Philippine General Labor Standards
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.
Holiday Pay
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:
January 1
Movable dates
Movable dates
April 9
May 1
November 30
June 12
last Sunday of August
December 25
December 30
Movable dates
Overtime Pay
Overtime Pay refers to the additional for work performed beyond eight (8) hours
a day.
Computation of Wages
Paternity Leave
Paternity leave is granted to all married male employees in the private sector,
regardless of employment status, (e.g. probationary, regular, contractual, projectbased) 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
Every pregnant woman in the private sector, whether married or unmarried is
entitled to maternity leave of (60) days in case of normal delivery ,abortion or
miscarraige, or seventy-eight (78) days in case of caesarian section delivery with
benefits equivalent to 100% of the average daily salary credit of the employee as
defined under the Social Security Law
Service Charges
Employees of employers collecting service charges are entitled to an equal share
in the 85% of the total of such charges, except managerial employees. The
remaining 15% of the charges may be retained by the management to answer for
losses and breakages and for distribution to managerial employees, at the
discretion of the management in the later case. Service charges are collected by
most hotels and some restaurants, night clubs, cocktail lounges, among others.
Separation Pay
Separation pay is given to employees in instances covered by Articles 283 and
284 of the Labor Code. An employee's entitlement to separation pay depends on
the reason or ground for the termination of his services. An employee may be
terminated for just cause (i.e. gross and habitual neglect of duty, fraud or
Security of Tenure
Every employee shall be assured security of tenure. No employee can be
dismissed from work except for a just or authorized cause, and only after due
process.
serious misconduct
willful disobedience of employers' lawful orders connected with work
gross and habitual neglect of duty
fraud or willful breach of trust
commission of crime or offense against the employer, employer's family
member/s or representative
6. other analogous cases
Authorized Cause refers to an economic circumstance not due to the employee's
fault, including:
1.
2.
3.
4.
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.
An employee may not be compelled to work overtime except during war,
emergencies, disasters or calamities; when urgent repairs need to be
undertaken; when work is necessary to preserve perishable goods, avoid serious
obstruction or prejudice to the employer's business; or take advantage of
favorable weather conditions.
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
Nightwork prohibition unless allowed by the Rules:
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
Minimum employable age is 15 years of age. A worker below 15 should be
directly under the sole responsibility of parents or guardians; work does not
interfere with child's schooling/normal development.
No person below 18 years of age can be employed in a hazardous or deleterious
undertaking.
The right to self-organization is the right of every worker, free of any interference
from the employer or from government, to form or join any legitimate worker's
organization, association or union of his or her own choice. Except those
classified as managerial or confidential, all employees may form or join unions for
purposes of collective bargaining and other legitimate concerted activities. An
employee is eligible for membership in an appropriate union on the first day of his
or her employment.
Collective Bargaining involves two parties:
1. the representative of the employer
2. a union duly authorized by the majority of the employees within a
bargaining unit called exclusive bargaining agent.
It is a process where the parties agree:
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
The result of collective bargaining is a contract called collective bargaining
agreement (CBA). A CBA generally has a term of five years. The provisions of a
CBA may be classified as political or economic. Political provisions refer to those
which define the coverage of the CBA and recognize the collective bargaining
agent as the exclusive representative of the employees for the term of the CBA.
Economic provisions refer to all terms and conditions of employment with a
monetary value. Economic provisions have a term of five years but may be
renegotiated before the end of the third year of affectivity for the CBA.
The OSH Standards provide that every company shall keep and maintain its
workplace free from work hazards that are likely to cause physical harm to the
workers or damage to property. Thus, the worker is entitled to be provided by the
employer with:
Appropriate seats, lighting and ventilation;
Adequate passageways, exits and fire fighting equipment;
Separate facilities for men and women;
Appropriate safety devices like protective gears, masks, helmets, safety
boots, coats or first-aid kits;
Medicines, medical supplies or first-aid kits;
Free medical and dental services and facilities.
The said worker or workers representative shall request an inspection with the
Regional Office in their area by giving full particulars or details regarding such
violation or danger.
What are the duties and responsibilities of the employers and the
employees in relation to enforcement and compliance with OSH
Standards in the workplace?
DUTIES OF THE EMPLOYERS
Adopt administrative policies on safety in accordance with the provisions of
the Standards;
Report to the Regional Director or his/her duly authorized representative the
policies adopted and the safety organization established;
Submit report to the Regional Director or his/her duly authorized
representative once in every three months on the safety performance, safety
committee meetings and its recommendations and measures taken to implement
the recommendation;
Act on recommended safety measures;
Provide access to appropriate authorities.
DUTIES OF THE EMPLOYEES