Book 3: Conditions of Employment

managerial employees

those whose primary duty consists of the management of the establishement, department, subdivision, or members of the manaegerial staff

field personel

non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the emploer & whose actual hours of work in the field can’t be determine with reasonable certainty

Article 83. Normal Hours of Work

not exceed 8 hours a day

Article 84. Hours Worked

• all the time during which an employee is required to be on duty or to be at a prescribed workplace

• 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

Article 85. Meal Periods

not less than 60mins time off for their regular meals

Article 86. Night-Shift Differential

shall be paid of not less than 10% of his regular wage for each hour of work performed between 10PM - 6AM

Article 87. Overtime Work

• worked performed beyond 8 hours = additional compensation equivalent to his regular wage +25%

• if on a holiday or rest day = +30% compensation

article 89. emergency overtime work

• country is at war, national or local emergency

• necessary to prevent loss of life or property or incase of imminent danger

• urgent work to be performed in machines to avoid serious loss or damage

• prevent damage to perishable goods

• prevent serious obstruction or prejudice to business/operations

• shall be paid additional compensation

article 91. right to weekly rest day

• rest period of not less than 24 consecutive hours after every 6 consecutive normal working days

• subject to collective barganing agreement or respect employee perference

article 92. when employer may require work on a rest day

• case of actual ir impending emergencies caused by serious accidents/danger

• urgent work to be performed

• event of abnormal pressure of work

• prevent loss/damage of perishable goods

• nature of work requires continuous operations & stoppage results in irreparable injury or loss to the employer

article 93. compensation for rest day, sunday, or holiday work

• 30% = worked performed on sunday, holiday, special holiday

• 50% = holiday work falls on scheduled rest day

Article 94. right to holiday pay

• paid his regular daily wage during regular holidays

• except in retail & services establishments regularly employing less than 10 workers

• may required to work but must be compensated twice his regular rate

article 95. right to service incentive leave

• rendered at least one year of service shall be entitiled to a yearly service incentive leave of 5 days with pay

article 96. service charge

• all service charges collected by hotels, restaurants, & similar establishments shall be distributed completely & equally among the covered workers except managerial employees

grievance mechanism

facilitate a resoltion of any dispute between the management and the employees on the distribution of service charges

person

any individual, partnership, association, corporation, business trust, leagal representatice or any organized group of persons

employee

any individual employed by an employer

agriculture

• farming in all its branches

• any practices performed by a farmer on a farm

• not indlucing manufacturing/processing of sufarm coconuts, abaca, tobacco, pineapples, or other farm products

employ

suffer or permit to work

wage

paid to any employee shall means the remuneration or earnings

regional minimum wages

for both agricultural & non-agricultural emplotees shall be prescribed by the regional tripartite wages & productivity boards

payment by results

• pakyao, piecework, and other non-time work to ensyre the payment of reasonable wage rates

• time & motion studies/ consultation with representatives

forms of payment

• no employer shall pay the wages of an employee by means of any objects other than legal tender even when expressly requested by the employee

• payment of wages by check or money shall be allowed if custmary on the date of effectivity/necessary because of special circumstances

time of payment

wages shall be paid at least once every 2 weeks or twice a month at intervals not exceeding 16 days

place of payment

shall be mande at or near the plance of undertaking, except as otherwise provided by such regulations

direct payment of wages

paid directly to worker, except:

• case of force majeure

• when worker has died

contractor or subcontractor

• employer enters into aocntract with another person for the performane of the former’s work

• employer shall be jointly liable with contractor & subcontractor if they fail to pay wages

“labor-only” contracting

• person supplying workers to emplpyer doesn’t have substantial capital or invesment in the forms of tools, equipment, machineries, work premises

• workers recruited are performing activities directly related to the principal business of such employer

Indirect Employer

• contracts with an independent contractor for the performance of any work

solidary liability

emploter or indirect employer shall be held responsible with his contractor or subcontractor for any violation

work preference in case of bankuptcy

workers shall enjoy first preference as regards their wages and other monetary claims

non-interference in disposal of wages

no employer shall limit or otherwose interfere with the freedom of any employee to dispose of his wages

wage deduction

no employer shall make any deduction except:

• worker is insured with his concent by the employer

• union dues

• authorized by law or regulations

deposits for loos or damage

no employer shall require their worker to make deposits from which deductions shall be made for the reimbursement of loss or damage

withholding of wages and kickbacks prohibited

unlawful (directly/indirectly) to withlod any amount form the wages of a worker or induce him to give up any part of this wages

deductions to ensure employment

benefit of the employer or his represetative; promise of employment or retention in employment

standards/criteria for minimum wage fixing

• demand for living wages

• wage aadjustment vis-a-vis the consumer price index

• cost of living and changes (increase)

• needs of workers and families

• need to induce industries to invest in the country side

• umprovements in standards of living

• prevailing wage levels

• fair return of the capital invested and capacity to pay of employers

• effects on employment generation and family income

• equitable distribution if income and wealth along the imperatives of economic and social development

facilities for women

• provide proper seats

• establish separate toilet, nursery

• determine appropritate minimum age & other standards of retirement

maternity leave benefits

given if emplyer has served a total of 6 months based on the last 12 months

• 2 weeks prior to delivery + 4 weeks after nomal delivery (105 days +15 days)

• 4 weeks after abortion with full pay

• effective only for the first 4 deliveries

discrimination prohibited with respect to terms and conditiond of employment solely on account of their gender

• payment of a lesser compensation9wage, salary, other forms of remunination/benefit)

• favoring a male employee (promotion, training, opportunities, study, scholarship grants) soley on account of their gender

minimum employable age

• no child below 15 hall be employed except when he workds directly under the sole responsibility of his parents or guardian & it doesn’t interfere in any way with schooling

• any person between 15-18 may be employed

• not allowed in hazarduous or neleterious in nature

domestic/houseold service

• service in the employer’s home which is usually necessary or desireable for the maintenance and enjoyment

• includes ministering to the personal comfort or convienece of the members of the employer’s household

night worker

• any employed person whoese work requires performance of a susbtatial number of hours of night work which exceeds a specified limit

• undergoes health assessment before taking up an assignement & atregural intervals during such assignement)