Professional Documents
Culture Documents
By :Rodel Cadorniga jr
Employer-Employee Relationship
Elements:
Selection and engagement
Payment of wages
Power of dismissal
Power to control the employee’s conduct
where the person for whom the services are performed reserves the right to control not only the end to
be achieved but also the means to be used in reaching such end
terminated upon:
1. Voluntary resignation
2. Constructive dismissal
3. Abandonment
4. Dismissal for a cause
5. Expiration of period of employment
6. Completion of project
7. Retirement
Wages
Are the earnings paid by the employer to an employee, in terms of money, fixed on a time, task,
piece, commission or other method, under a written or unwritten contract of employment for
services rendered or to be rendered.
Should arise from an employer –employee relationship
Wages vs Salary
Wages refers to compensation for manual labor
Salaries denotes a higher grade of employment or superior grade of services and implies
a position of office
What are part of Wages
1. Facilities ( board and lodging, rice ration, housing, recreational activities etc)
2. Bonus
3. Supplements are not part of wages (vacation leave pay, sick leave pay, overtime pay in excess of
what is required by law, pension etc.)
Payment of Wages
Must be in Legal Tender (but payment though check is allowed)
Paid at least once every 2 weeks at an interval not exceeding 16 days
Should be paid direct to the worker
The employer cannot:
1. Interfere with the freedom of an employee to dispose of his wages
2. Oblige employees to buy commodities from the employer or other persons
3. Oblige employees to patronize the store of the employer or other person
4. Require employees to make a deposit from which deductions shall be made in case
of loss or damage to tools, material or equipment supplied by the employer. (unless
it is an industry practice)
Overtime pay
Additional compensation given to covered employees who work for more than 8 hours a
day
25% of regular wage on ordinary days
30% of holiday or rest day rate on overtime work on holidays and rest days
Nightshift differential
Additional compensation for those employees who work between 10:00pm to 6:00am
10% of the regular wage for each hour of work
Weekly rest period
24 consecutive hours after every 6 consecutive normal work days
Generally NO
Exceptions:
1. Disaster/Calamity
2. Urgent repairs
3. Abnormal pressure of work
4. Preservation of perishable goods
5. Nature of work
6. Favorable working condition
7. Demands of service
Special holidays:
1. Ninoy Aquino Day – Monday nearest to August 21
2. All Saints Day- November 1
3. Last day of the year- December 31
Holiday pay
Additional compensation given on regular holidays
100% of regular daily wage if you do not work during the regular holiday
200% of regular daily wage if you conducted work during the regular holiday
Every employee except Employees of Retail and service establishments regularly employing less
than 10 workers
Hours of work
Maximum 8 hours per day and 40 hours per week
Cannot be required to work from 10:00 pm to 6:00 am
Deductions
Withhold any amount from the wages of a worker without his consent
Induce an employee to give up any part of his wages
authorized by law
cost of insurance premiums
cost of value of facilities voluntarily accepted by the employee
due and demandable debt to the employer
agency fees
income tax
premium contributions to SSS, NHI, and HDMF
authorized in writing by the employee himself
deductions for an employee’s debt to a 3rd person
deductions for cost of facilities
deductions for union dues
deductions for special assessments by the union