Labor Standard, Ss LABOR STANDARDS 625 Scanned with CamScanneri a Reviewer i. arb | Chapter 15 LABOR STANDarps ovERAGE eae cence bolt ERAGE: Book III of the Labor Code on Lab aployees in all establishments and undertak: st but not to the following: \ Government employees; Managerial employees; Officers of the managerial staff; Field personnel; Persons in the personal service of another; Domestic helpers; 1, Workers who are paid by results; Members of the family of the employer who are dependent on him for oF Standards shall apply to ‘ings whether for profit or support; ‘sused herein, "managerial employees refer to those whose primary duty insists of the management of the establishment in which they are employed tofa department or subdivision thereof, and to other officers or members ithe managerial staff. al employees who regularly place of business or branch 1d cannot be Tid personnel” shall refer to non-agricultur: form their duties away from the principal ! : ‘eof the employer and whose actual hours of work in the fiel ‘mined with reasonable certainty. 626 Scanned with CamScannerLabor standards NIGHT SHIFT DIFFERENTIAL AND OVERTIME PAY _V_—_— ee ee ee NORMAL HOURS OF WORK: should not exceed 8 hours Hours worked: Hours worked shall include 1. All time during which an employee is required to be on duty or to be at a prescribed workplace; and 2. All time during which an employee is suffered or permitted to work. Rest periods of short duration during working hours shall be counted as hours worked. Meal Periods Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals. Health Personnel: 1. In locality has a population of at least 1M or in a hospital or clinic with a bed capacity of at least 100: regular hours of work is 8 hours a day for 5 days in a week; 2. Exception: when there are exigencies: the health personnel may be required to work for 6 days or 48 hours in a week, in which case they are entitled to additional compensation of 30% of their regular wage on the 6t day. NIGHTSHIFT DIFFERENTIAL refers to the additional compensation of not less than ten percent (10%) of an employee’s regular wage for every hour of work done between 10:00 PM and 6:00 AM, whether or not such period is part of the worker's regular shift. OVERTIME PAY: refers to the additional compensation for work performed beyond 8 hours and shall be compensated with additional: 1. 25% when work is rendered on the regular working day of the employee or 2. 30% when work is rendered on one’s rest day or holiday 627 Scanned with CamScanner; REBT Reviewer he ig employee's regular wage for min the worker’s 24-hour workg, Work per nf ie ‘ormed beyond eight (8) hours work Day vs. Calenitan Day: “Work day” refers to th viod commencing from the time an employee re; i a ee example, if an employee reports at 8:00 a.m., his hous ean: g00a.m. and ends at 7:59 a.m. the following day. On the Bix huh aser “ |, calendar day refers to the twenty four (24) hour peri ‘i - 11:59 pintthe falioodie: ae period commencing at 12 a.m. and The above distinction is necessary for purposes of overtime. Work in excess of the 8 hour shift must be within the same WORK day to be considered overtime. Compressed Work Week: may be authorized when it is the employees themselves who proposed the compressed workweek and if the following criteria are present: 1. Itis voluntary on the part of the worker; 2, There will be no diminution of the weekly or monthly take-home pay and fringe benefits of the employees; 3. The value of the benefits that will accrue to the employees under the proposed schedule is more than or at least commensurate with the one- hour OT pay that is due them during weekdays based on the employee's quantification; 4. The one-hour OT pay will become due and payable if they are made or permitted to work on a day not scheduled for work on the compressed workweek; The work does not inv must have adequate rest periods; The arrangement is of temporary duration. olve strenuous physical exertion and employees Undertime work on any particular day shall Underti; ime: i lertime not offset by overtime: Y. Permission given to the Not be offset by overtime work on any other da: 628 wat Scanned with CamScannerLabor otandands k shall not ext employee to go on leave on some other day of the we EY a ee a employer from paying the additional compensatio} Pler i 1 If such offsetting is allowed, it will be unfair ey Ba ica a undertime represents only his regular hourly rate ee Rey eee te hours reflect not only his hourly rate but as We one vous ing overtime pay. To offset two items that are not of equal vi result in the undue deprivation of the employee's overtime pay; y employee may be required by the employer to y of the following cases: 3 ar or when any other national or loca} d by the National Assembly or the Chief Emergency overtime work: Amy perform overtime work in an) a) When the country is at wi emergency has been declare: Executive; b) When it is ne imminent danger to public safety due ; ; emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity; c) 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 cause of similar nature; d) When the work is necessary to prevent loss or damage to perishable cessary to prevent loss of life or property or in. caseag™ to an actual or impending goods; and e) Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer. Any employee required to render emergency overtime work shall be paid the additional compensation required. WEEKLY REST PERIODS AND HOLIDAY/REST DAY PAY RE LNA HPAL VSNL ACD aa COVERAGE: This rule shall apply to all employees except: a) Those of the government and any of the political subdivision, including government-owned and controlled corporation; b) Those of retail and service establishm ; ts i tee ten (10) workers; ahi 629 Scanned with CamScanneree e™ | ostic helper: ; ome ihe b Si Persons in, ie ) sanagetial employees as defined j Personal Servi, Yield ersonnel and other empl I Boo) me ice of another; . 10" m ?) nsupervised by the employer on hose, ee 4 Code: i cI i an br contract basis, purely at those who pepomnencs fg amount for performing work irre: n basi een, een’ S, or those wh ‘gaged on task performance thereof. Pective of the 0 are paid a fixed time consumed in the TO WEEKLY REST DAY: It shal p 6 R i : erating for the pother operAENE Profit or not, to provide duty of every employer, E t less than i each of hi alter every six (6) consecutive normal work days, shall determi: the employer $ ‘mine and schedul employees subject to collective bargaining ae rest day of his Jations as the Secretary of Labor and ca ae ate a ide. However, the employer shalll respect the preference of Pek fy to a weekly rest day when such preference is based on religious grounds. When employer may require work on a rest day: The employer may require his employees to work on any day: 2) Incase of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; Incases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer; In the event of abnormal pres where the employer cannot or measures; 4) To prevent loss or damage *) Where the nature of the Wo! stoppage of work may result ini a imilat j Under other circumstances analogous a ‘employment determined by the Secretary of Labor an‘ 4 to special circumstances, sure of work dui pected to resort to other g dinarily be ex to perishable goods; j a requires continuous operations and the rreparable injury oF Joss to the employer 1 to the foregoing as 630 Scanned with CamScannerLabor Standards i holiday work: Compensation for rest day, Sunday or de yore Onvhig Ec an ee nh : ited 1. Where an employee is made or permitte : r day, he shall be paid an additional ¢ ation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. 2. When the nature of the work of the employee is su ch that he has no regular workdays and no regular rest days can be scheduled, he shall be i 9 p paid an additional compensation of at least thirty percent (30%) of his ed on Sundays and holidays. lar wage for work perform: spar aid an additional 3. Work performed on any special holiday shall be pi compensation of at least thirty percent (30%) of the regular wage of the employee. Where such holiday work falls on the em) loyee’s scheduled rest da he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage. 4. Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed above, the employer shall pay such higher rate. ompens: Monthly-Paid Employees Not Entitled To Additional Pay If Holiday Falls On A Sunday: There is no provision of law requiring any employer to make such adjustments in the monthly salary rate set by him to take account of legal holidays falling on Sundays in a given year, or, contrary to the legal provisions bearing on the point, otherwise to reckon a year at more than 365 days. What the law requires of employers opting to pay by the month is to assure that "the monthly minimum wage shall not be less than the statutory minimum wage multiplied by 365 days divided by twelve," and to pay that salary "for all days in the month whether worked or not," and irrespective of the number of working days therein. (Wellington Investment and Manufacturing Corp. vs. Tajano, G.R. No. 114698 July 3, 1995) Scanned with CamScannerT Reviewer gt Re ae 110 HOLIDAY PAY: Eve TY Worker sh, if A po quring 1 ular holidays excey all be paid 13. f Biitirceat Paid his regul, i ltl employing less than ten (10) worpent1 94 Service eae i tkers, Joyer may require an employ v x yee t shall be paid a compensa ‘9 Work on any holiday but such eel tion equi ‘quivalent to twice his tegular rate; on OV" and ysed in herein, "holiday" includes; New Year’s Day — January 1 - Maundy Thursday Good Friday ‘Araw ng Kagitingan - April 9 Labor Day - May 1 Fid’l Fitr -— varies per year Independence Day - June 12 Fid’l Adha — varies per year National Heroes Day — last Monday of August 10. Bonifacio Day - November 30 fl, Christmas Day - December 25 12, Rizal Day - December 30 13. The day designated by law for holding a general election. we TT EE eS Se Situations When The Employee Is Not Entitled To Holiday Pay: I. Ifhe was absent without pay on the day prior a regular holiday. 2 If he was absent without pay on the day prior to successive regular holidays like Maundy Thursday and Good Friday. ‘ 3. Ifhe was absent without pay on the day prior to his rest day or a special holiday that is followed by a regular holiday. q If he se absent ¥8tk done, * 00 PM and 4:00 AM Ween: b 9:00 PM and 5:00 AM © 0:00 PM and 6:00 AM a jtional compensation f, addition’ © Or Work Jar working day should b Performed nae e at least: “yond 8 hours on a 5, 20% 25% ¢ i 30% Additional compensation for work holiday should be at least: Performed beyond 8 hours on a a 10% b. 20% c. 25% 9 4 30% - | Additional compensation for work performed beyond 8 hours on a rest day should be at least: a 10% b. 20% c. 25% dL 30% Ml Statement 1: A compressed work week may be allowed if the arangement is of a temporary duration only. Statement 2: If an employee renders overtime work on Monday for an hour, and works one hour short of the required time on a Tuesday, the €mployer is not required to provide overtime pay to the employee for the ®tra hour rendered on Monday- 2 Only Statement 1 is true. D Only Statement 2 is true. © Both statements are true. » Both statements are not true. 640 Scanned with CamScannerLabor Standards 11. In which of the following instances may an employer require its i 2 employee to render emergency overtime work? L When the country is at war. ; I. When the work is necessary to prevent loss to perishable goods a. Tonly. b. IHonly. _c. Both Land Il. d. Neither I nor II. Any employee required to render emergency overtime work: 12; a. Need not be paid with an overtime premium b. Is to be paid half the required overtime premium c._ Is tobe paid the regular required overtime premium d. Is to be paid double the required overtime premium 13. Which of the following is true regarding the mandated weekly rest day? a. For every five (5) consecutive normal work days, the rest period should not be less than 24 hours. b. For every five (6) consecutive normal work days, the rest period should not be less than 24 hours. c. For every five (5) consecutive normal work days, the rest period should not be less than 48 hours. d. For every five (6) consecutive normal work days, the rest period should not be less than 48 hours. 14. Woozi’s rest day is every Saturday. If Woozi is asked to work on a Saturday, he shall be paid an additional compensation of at least: a. 10% of his regular wage. b. 20% of his regular wage. c. 25% of his regular wage. d, 30% of his regular wage. 641 Scanned with CamScannerver 7 Review a? nese New Year is a special noe p wired to, work cua the Ching "king holiday. 1¢ Fitional compensation of at Joagy. © New Year re an employee is e 40% of his regular wage, 4 “Ne shall be paid an % 40% of his regular wage, b 95% of his regular wage, 4 30% of his regular wage, ay izal Day isa regular holiday, Ifanem ff the Chinese New Year, he shall be Paid Jeast: 30% of his regular wage. p. 50% of his regular wage, . 100% of his regular wage. 5 200% of his regular wage, : seungkwan’s rest day is every Sunday. haan 5 i ‘ working holiday. If All Saints’ Day Ve aie ae pe seungkwan was required to wo: : a BB ersation of at ee pee tall be Bea ge addition) a. 30% of his regular wage. 1b, 50% of his regular wage. c, 100% of his regular wage. d. 200% of his regular wage. | The following are details regarding the attendance records of certain employees during the Holy Week. i Momo was not present on Holy Wednesday. Her designated rest day is Tuesday. I. Jihyo was not present on Holy We paid leave for that day was granted. dnesday. Her application for Her designated rest day is Monday. M™ Sana a not present on Holy Tuesday and Holy Wednesday. Her designated rest day is Wednesday- faundy Thursday Who among them is entitled to the holiday pay for M and Good Friday? ~Jihyo only. » Jihyo and Momo only. Scanned with CamScannerpet Reviewer ok ar ese New i is a special a ‘ work dur Work BE quired * Uae the Chine. orking holida i itional compensation of at ie Se New 'Y. If an employee is f al s F e 10% of his regular wage, "t,he shall be Paid an FE 20% of his regular Wage, 75% of his regular wage, ; 30% of his regular Wage, a pial Day isa regular holiday, Ifane i inese New Y MPployee : she Chinese ear, he shall be Paid an ae Tequired to work during itic jeast: 3 onal compensation of at 30% of his regular wage, 50% of his regular wage, 100% of his regular wage, 4. 200% of his regular wage. NOS 2 oe ¥ day is ft Seungkwan’ s test day is every Sun day. All Saints’ n ‘ working holiday. If All Saints’ Day happene ao oo Pe Seungkwan was required to work, he shall be oe aa a an ‘ compensation of at least: peer a, 30% of his regular wage. 'b, 50% of his regular wage. c 100% of his regular wage. d. 200% of his regular wage. i. The following are details regarding the attendance records of certain employees during the Holy Week. L Momo was not present on Holy Wednesday. Her designated rest day is Tuesday. NG Jihyo was not present on Holy Wednesday. Her application for paid leave for that day was granted. Her designated rest day is Monday. M Sana ae not present on Holy Tuesday and Hol Her designated rest day is Wednesday. ly Wednesday. id Who among them is entitled to the holiday pay for Maundy Thursday and Good Friday? *Jihyo only, » Jihyo and Momo only. 642 Scanned with CamScanner19. 20. 21. 22, 238 Labor Standard, c. Jihyo and Sana only. d. Jihyo, Momo, and Sana. If unworked, which of the following day - at : ‘Araw ng Kagitingan, a regular holiday ‘ 7 People Pie Reioittion Day, a special holiday a. Tonly. ‘b. Honly. c. BothI and IL. d. Neither I nor II. Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of: a. Five days with pay b. Ten days with pay c. Twelve days with pay d. Fifteen days with pay Statement 1: Vacation leaves are mandated by law. Statement 2: Sick leaves are mandated by law. a. Only Statement 1 is true. b. Only Statement 2 is true. c. Both statements are true. d. Both statements are not true. Statement 1: Part-time workers are also entitled to service incentive leave Statement 2: The service incentive leave is commutable to cash. a. Only Statement 1 is true. b. Only Statement 2 is true. ¢. Both statements are true. d. Both statements are not true. A father may claim paternity leave for how many days? a, Seven b. Ten c. Thirty d. Sixty 643 Scanned with CamScannerT Reviewer ie i ff" io parent is entitled to sojg pag je" give days oS leave of E seven days be Ten days ‘i Fifteen days inder the Expanded Maternity Leave Ly Be ow many days of leave with full ny female wort 1 as. r ‘ker is entitled to .,nota solo parent? ‘Suming that the female worker 60 days 78 days 105 days 4, 120 days leave? a Yes, up to 60 days leave with pay p. Yes, up to 105 days leave with pay c Yes, up to 120 days leave without pay d. No. J], Atany time during the application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim of Violence Against Women and Children (VAWC) who is employed shall be entitled to a paid leave of: a 5days b. 7days & 10 days d. 15 days | These are items of expense necessary for the laborer’s and his eo existence and subsistence. It is part of the wage and is deductible from it. 4 Supplements . Compensation © Deductions Se Facilities Scanned with CamScanner29. 30. Labor Standards The 13% month pay is payable: a. Anytime of the year b. Every December Anytime not later than December 24 d. From November to December The concept simply means that if there is no work performed by the employee, there can be no wage or pay unless the laborer was able, willing, and ready to work but was prevented by management or was illegally locked out, suspended or dismissed. No ID No Entry Fair Day’s Wage for a Fair Day's Labor Once You Break It, Consider It Sold a. b e d. Love Ain’t A Science Don’t Need a License Scanned with CamScannerpret Reviewer pe nswen STO] SULTIPLE CHoice g UEST IONS Scanned with CamScanner