Professional Documents
Culture Documents
(Conditions of
Employment pt. 2)
a. Ees voluntarily agree in writing and are willing to waive OT pay for
the shortened meal period;
c. Work of the Ees does not involve strenuous physical exertion and they are provided with adequate
coffee breaks in the morning and afternoon;
d. Value of the benefits derived by the Ees from the proposed work arrangements is equal to or
commensurate with the compensation due them for the shortened meal period as well as the OT pay for
30 min. as determined by the Ees concerned;
Requisites:
General
Rule: All 5. Field personnel and other employees whose time and
performance of is unsupervised by the employer
employees including those who are engaged on task or contract
basis, purely commission basis or those who are paid
are entitled with a fixed amount for performing work irrespective of
However, WRITTEN AUTHORITY after office hours during rest days and
holidays are required for entitlement to compensation.
Ee is made to work longer than what is
commensurate with his agreed compensation
for the statutory fixed or voluntarily agreed
hours of labor he is supposed to do.
The employee may still refuse to render overtime even if compelled, although
not without disciplinary consequence for his refusal that could constitute
insubordination, a potential ground for termination of employment.
Overtime Pay Overtime Pay Premium Pay
Additional Additional
v. Premium compensation for work compensation for work
performed beyond performed within eight
Pay eight hours on hours on days when
ordinary days (within normally he should not
the worker’s 24-hour be working (on non-
workday) working days, such as
rest days and special
days). But additional
compensation for work
rendered in excess of
eight hours during
these days is also
considered OT pay.
Overtime Pay Rates
OVERTIME PAY RATES
2) When overtime work is necessary to prevent loss of live or property or in case of imminent danger to public safety due to actual or
impending emergency in the locality caused by serious accident, fire, floods, typhoon, earthquake, epidemic, or other disaster or calamities;
3) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the
employer or some other causes of similar nature;
5) When the completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the
business or operations of the employer; or
6) When overtime work is necessary to avail of favorable weather or environmental conditions where performance or quality of work is
dependent thereon.
Weekly Rest Day (WRD)
XPNs:
1. CBA;
2. Rules and regulations as the Secretary of Labor and Employment provides;
3. Preference of the Ee based on religious grounds. Ee shall make known his preference in writing
at least seven (7) days before the desired effectivity of the initial rest day so preferred.
XPN to the XPN no. 3:
- Er may schedule the WRD of his choice for at least two (2) days in a month if the presence of the
Ee will inevitably result in:
a. Serious prejudice to the operations of the undertaking; and
b. The Er cannot normally b expected to resort to other remedial measures.
Emergency Rest Day Work General Rule: The Ee cannot
be compelled by the Er to
work on his rest day.
In case of actual or impending
emergencies caused by serious accident, In cases of urgent work to be performed
fire, flood, typhoon, earthquake, epidemic on the machinery, equipment, or
or other disaster or calamity to prevent installation, to avoid serious loss which
loss of life and property, or imminent the employer would otherwise suffer;
danger to public safety;
XPNs:
loss to the employer; and
It is the additional compensation for the work
rendered by the Ee on days when normally he
Premium Pay
should not be working such as special holidays
and WRDs.
Work on a scheduled rest day +30% premium pay of 100% regular wage
(IRR, Book III, Rule III, Section 7)
Work performed on Sundays and Holidays +30% premium pay of 100% regular wage
by an Ee who has no regular workdays (IRR, Book III, Rule III, Section 7)
and rest days
Work on a Sunday (If Ee’s scheduled rest +30% premium pay of 100% regular wage
day) IRR, Book III, Rule III, Section 7)
Work performed on any Special Holiday 1st eight (8) hours + 30% premium pay of
100% regular wage (IRR, Book III, Rule III,
Section 7)
Rates of Work performed on a Special Holiday and
same day as the scheduled rest day
1st eight (8) hours + 50% premium pay of
100% regular wage
The payment of the regular daily wage for any unworked regular
holiday.
The Ee should not have been absent without pay on the working
day proceeding the holiday.
Persons Entitled to
Holiday Pay
• General Rule: All Ees are entitled.
(Sec. 1, Rule IV, Book III, IRR)
XPNs:
To secure the payment of undiminished Aimed at benefitting daily-paid workers The law on holiday pay is thus conceived to
monthly monthly income undisturbed by any whose income is circumscribed by the be the countervailing measure to partially
work interruption. In other words, although principle of “no work no pay. Prior to the offset the disadvantages inherent in the
the worker is forced to take a rest, he earns enactment of the Labor Code, daily paid daily compensation system of employment.
what he should earn, that is his holiday pay. workers were not paid for unworked regular
holidays.
Legal Holiday
Additional income based on wage required by PD 851 requiring all Ers to pay
their Ees a 13th month pay which is equivalent to 1/12 of the total basic salary
earned by an Ee within a calendar year.
Basic Salary
• It is imposed as a
minimum service
requirement that the
employee should have
worked for at least one
(1) month during a
calendar year.
Equivalent forms of the 13 th month pay
1. Christmas bonus
2. Midyear bonus
3. Profit sharing scheme
4. Other cash bonuses amounting to not less than ½ of its basic
salary
Electricity
Things not
proper Cash and stock dividends
substitutes
for 13 th Cost of living allowance.
month pay
Service Charges