Wage – Article 97 of Labor
code
No work no pay
Equal pay for equal work
Regional Tripartite Wages and
Productivity board
Article 123 Labor Code
Wage Distortion Article 124
Salary Distortion
Facilities
Wage deductible
Not a Wage deductible
Article 100 Labor Code
1. Mistake of the application of
Law
2. Compliance to a wage order
3. Negotiated benefits
4. Promotion
5. Conditional Benefits
Article 102 Labor Code
Forms of Payment
Article 103 Labor Code
Time of Payment
Article 104 Labor Code
Place of Payment
Article 105 Labor Code
Direct Payment of wages
Article XIII section 3
Constitution
Security of Tenure
Article 279 Labor Code
Article III section 1
Remuneration of earnings
No work performed no wage
Employee performing similar functions and responsibilities under similar
condition should be paid equally
John Rawls 3 Major Jobs of good Government
1.Guarantee basic rights
2. Assign basic duties
3. determine division of advantages
5 Society’s best suited for happiness and justice
1. Equal citizen status and political liberties
2. Freedom of thought
3. Equal opportunity
4. Free Choice of occupation
5. Guaranteed social minimum or living standard
Fixes minimum wage rate – determine the applicable rate per regions
Board is required in the performance of its wage-fixing functions
Situation where an increase in prescribed wages results in the illumination or
server contraction of intentional quantitative differences in wage or salary
Result from the disappearance or virtual disappearance of pay differential
Articles or services extended to the employees for his family’s benefits
Facilities
Supplements
“Nothing in the labor code shall be construed to eliminate or in any way
diminish supplements, or other employee benefits being enjoyed at the time of
the promulgation of the code”
5 Instances Non-Diminution of benefits do not apply
Error or mistake must be one that is honest and is therefore inadvertent
Withdrawal by the employer of a benefit being previously given to employees is
pursuant to a wage order
Negotiations of benefits usually contained in CBA
Apply to a benefit whose grant depends on the existence of certain conditions
- Benefit is not demandable of preconditions are not met
No employer shall pay wages of an employee by means of Promissory Note,
Vouchers, Coupons, Tokens, Tickets or Chits
Payment of wage shall be made at least once in 2 weeks , twice a month at not
intervals to 16 days
Shall be made at or near the place of undertaking or job
Wages should be paid directly to the workers whom they are due.
Employees shall be entitled to security of security of tenure, humane conditions
of work and a living wage
Constitutional right granted to an employee
In cases of regular employment the employer shall not terminate the services of
an employee except for a just cause
He cannot be deprived of his work, which is property in the constitution sense
without a just or authorized cause
 Forms of Employment
1. Project Employment Scope or regular employment- as employees under a former category may also
Article 294 Labor Code perform services which are “usually necessary and desirable in the usual
business or trade of the employer”
2. Seasonal Employment Engaged on services which are seasonal in nature and the employment is for
the duration of the season
3. Fixed-period Employment
4. Probationary Employment One who is on a trial by an employer during which the employer determines
whether or not qualified for permanent employment
Management Prerogatives
Transfer Movement form one position to another of equivalent rank or level of salary
1. (Right to transfer) without break in the service
From one office to another within the same business establishment.
2. Right to Discipline
Proportionality Rule Only criterion to guide the exercise of the right is that the polices, rules and
regulations on work related activities of the employer must always be fair and
reasonable and the corresponding penalties as prescribed commensurate to
the offense involved and to the degree of the infraction
3. Right to Promote
Promotion Is the advancement from one position to another
4. Right to demote
Demotion Based on reasonable justifications and not on some whimsical and capricious
exercise of prerogative by the employer.
5. Right to grant bonuses
Receipt of - Bonuses Not demandable – and enforceable obligation except when it is made part of
wage