LABOR LAW

Labor Law ( Presidential Decree No. ___)

Labor Code of the Philippines Article ___

P.D. No. 442

Article 281

Six months

maximun length of probationary employment

probationary employment is counted from

the date of an employee started working

If more than six months of probationary..

a candidate for regularization

probationary employment of professors is

3 years before regularization

Types of Employment

1. Regular

2. Term

3. Project

4. Seasonal

5. Casual

Standard workday is maximum of ___

within ____ hour work week

8 hours workday

40-48 hrs work week

Overtime pay (beyond 8hrs)

___% on ordinary days

___% on rest day / holidays

25% ordinary days

30% rest day/holiday

Night differential: Work between ___-___ includes additional ___%minimum pay

10:00pm—6:00am

+10% minimum pay

Rest period of ___ meal break and atleast __ consecutive hours of rest after six straight worksays

60 mins meal break

24 consecutive hours of rest after 6 workdays

Mandatory Benefits

1. 13th month pay

2. Service Incentive Leave (SIL)

3. Paternal Leaves

4. Government Contributions

13th month pay: employers give basic salary equivalent on or before _____

December 24

Service Incentive Leave (SIL)

after ___ yr of service

Five days of paid leave yearly

after 1 yr of service

Parental Leaves

Female:

Male:

Female: 105 days of paid maternity leave

Male: 7 days of paternity leave

Government Contribution

SSS

PhilHealth

Pag-ibig

Wages and Termination: set by____

wage floors are set by regional boards (depends on Region or Industry Sector)

Security of Tenure: workers cannot be fired without

workers cannot be fired without JUST or AUTHORIZED cause DEFINED BY LAW

Republic Act _____: Magna Carta of Public Health Workers

R.A. 7305

Section 19:

Salaries to public health workers shall be paid in ____ or _____

pain in LEGAL TENDER OF PH (cash)

Equivalent in checks

Art 84: Hours Worked includes:

includes

1. all time which an employee is required to be on duty ot to be at the prescribed workplace

2. suffered or permitted to work

Rest periods of short duration during working hours are counted as worked

Article 84

Article 85: Meal Periods

__ mins for regulat meal

duty of employer to give not less than 60 mins time-off for regulat meals

Article 86: Night shift differential

paid a night shift not less than 10% of regular wage for each hour worked (10pm-6am)

Article 87: Overtime work

regular wage + __%

25%

Article 87: Overtime work on rest day or holiday

30%

Article 88:

Under time not offset by overtime:

Under time work on any particular day shall not

be offset by overtime work on any other day.

Permission given to the employee to go on leave

on some other day of the week shall not exempt

the employer from paying the additional

compensation required

Article no. 89

Emergency Overtime

required to perform Overtime work if:

1. War, national/local emergency declared by the Chief Exec or National Assembly

2. Imminent danger to public safety or impending emergency (serious accidents)

Article 90

Computation of additional compensation

Computation of additional compensation:

for computing overtime and addtional renumerations

regular wage shall include only cash wage without:

deduction on account of facilities provided by employer

Art 91

Right to weekly rest day

Art. 91:

provide rest epriod of not less than ____ after 6 consecutive normal working days

not less than 24 (hrs) consecutive hours

Art 91:

employers shall ____ and ____ the weekly rest day and subjected to collective bargaining

employers DETERMINE and SCHEDULE

Act 91: Employers shall respect the preference as to their weekly rest day when:

based on religious grounds

Article 92: when employer may REQUIRE WORK on REST DAY

In case 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

Article 92: when employer may REQUIRE WORK on REST DAY

In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer

Article 92: when employer may REQUIRE WORK on REST DAY

In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;

Article 92: when employer may REQUIRE WORK on REST DAY

To prevent loss or damage to perishable goods;

Article 92: when employer may REQUIRE WORK on REST DAY

Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer

Article 92: when employer may REQUIRE WORK on REST DAY

Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment

Article 93

Compensation for rest day: Sunday or Holiday work

Article 93: Compensation for rest day: Sunday or Holiday work

Made or permitted to work on scheduled rest day: paid an additional compensation of ___% of his regular wage.

Made or permitted to work on scheduled rest day: paid an additional compensation 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.

Article 93: Compensation for rest day: Sunday or Holiday work

Nature of the work result to no regular workdays and no regular days can be scheduled, he shall be paid an additional compensation of at least __% his regular wage for work performed on Sundays and holidays.

at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays.

Article 93: Compensation for rest day: Sunday or Holiday work

Work on any SPECIAL holiday shall be paid an additional compensation of at least ___ % of the regular wage

at least thirty percent (30%) of the regular wage of the employee

Article 94

Right to holiday pay

Article 94: Right to Holiday pay

paid regular daily wage during ______ holidays, except in _____

regularly employing less than _____ workers

paid regular daily wage during REGULAR holidays, except in retail and service

regularly employing less than ten (10) workers

Article 94: Right to Holiday Pay

if REQUIRED holiday work, paid _____ his regular rate

employer may require an employee to work on any holiday

shall be paid a compensation equivalent to twice his regular rate

Article 94: Right to Holiday

• Holidays includes:

• New Year’s Day

• Maundy Thursday

• Good Friday

• April 9

• May 1

• June 12

• July 4

• November 13

• December 25 and 30

• General election

Article 95

Right to service incentive leave

Article 95: Right to incentive leave

who rendered at least ___ yr of service can have _____ of FIVE (5) days with PAY

at least 1 yr of service have YEARLY SERVICE INCENTIVE LEAVE of FIVE (5) days with PAY

Wages

paid on HOUR, DAILY, WEEKLY

based on number of hours worked

Salary

fixed amount, paid MONTHLY/ FORTNIGHTLY (two weeks)

Salary

does not involve number of hours worked

Article 99

Regional minimum wages

Article 99: Regional Minimium Wages

RTWPB

prescribed by Regional Tripartite and Productivity Boards

Regional Tripartite and Productivity Boards

Section 3: R.A. ___

R.A. 6727

Article 102

Forms of Payment

Article 102: Forms of Payment

Allowed conditions for CHECK or MONEY ORDER:

1. Customary practice: date of effectivitt

2. Special circumstances: issued by secretary

3. Collective bargaining aggrement

Article 103

Time of Payment

Wages shall be paid at least once every___

intervals not exceeding __ days

at least once every two (2) weeks or twice a month

If theres FORCE MAJEURE

pay immediately after circumstances have ceased

No employer shall make payment with less frequency than

once a month

If work cannot be completed in 2 weeks:

1. Wages paid at intervals not exceeding sixteen (16) days

2. remaining balance must be paid immediately upon the completion of the entire work.

Article 132

Facilities for Women

Article 133

Maternity leave benefits

Article 133: Maternity leave

service of at least 6 months for the last 12 months a maternity leave

• 2 weeks prior to EDD

• 4 weeks after delivery

Requirements for maternity leave

medical cert staying delivery will taoe place within 2 weeks

Leave benefits for Public Health Workers

:upon separation from service (resign/retire)

entitled to accumulate unused leave credits with PAY

Salary Standardization Law update

Excutive Order No. 64

(2024)

• updating schedule for gov workers across four annual tranches

• SSL VI

Salary Standardization Law :Previous

SSL (Ra. 11466)

• raising salary grade 1 to 13k

Coverage of SSL

• Regular

• Contractual

• Casual in Exec, Legis, Jucidical

• SUCs

• Constitutional offices

Exclusions of SSL

• Military

• uniformed personel

• job order

• contract of service

Social security system

for sickness, maternity, disability, retirement, death cash grant, funeral, salary loan

PhilHealth

Salary floor:

Ceiling

Salary floor: 10,000

Ceiling: 40,000

PhilHealth

___% of basic salary per month

2.75% of basic salary per month

PhilHealth

Z benefits:

1. financial medical aids for cancer pt

2. in surgeries

PhilHealth

SDG related benefits for:

1. Malaria package

2. HIV-AID

3. Anti-tuberculosis

4. Voluntary surgical contraception

5. Animal bites

PAGIBIG also known as

Home Development Mutal Fund

• national savings and financing for affordable shelter

PAGIBIG contribution is shared between ____

employer and employer

In PAGIBIG, both will pay Php____ each

pay 100 pesos each as maximum contribution

PAGIBIG benefits

1. housing loan

2. multipurpose loan

3. calamity loan

4. secured savings