[2] Labor Laws Cheat Sheet - Book 3

From St. Ven's Cheat Sheet

BOOK 3: CONDITIONS OF EMPLOYMENT

• Managerial Employees

• Field Personnel

• Work Hours

• Emergency Overtime Work

• Right to Weekly Rest Day

• Compensation for Rest Day and Special Days

• Right to Holiday Pay

• Right to Service Incentive Leave

• Service Charges

• Wages

• Prohibitions Regarding Wages

• Employment of Women

• Employment of Minors

• Employment of Househelpers

• Employment of Night Workers

Managerial Employees

Primary duty: management of the establishment where they are employed or of a department

Field Personnel

Non-agricultural employees working outside principal work premises

Work Hours

• Normal

• Rest Period or Coffee Breaks

• Meal Period

• Night Shift Differential

• Overtime Work

Normal

WORK HOURS

8 hours

Rest Period or Coffee Breaks

WORK HOURS

5-20 minutes

Meal Period

WORK HOURS

At least 1 hour

Night Shift Differential

WORK HOURS

Work performed from 10 PM to 6 AM

Overtime Work

WORK HOURS

Work beyond 8 hours

• Undertime work shall not be recompensated by overtime work

• In the same manner, allowing the employee to leave early and have them do overtime work does not exempt to employer from having to pay additional compensation

  • In other words, regular wage sa undertime and overtime pay sa overtime

Emergency Overtime Work

Cases:

• Country at war

• Prevent loss of life and property

• Actual or imminent emergency

• Urgent work on machines, installations, or equipment

• Prevent loss or damage to perishable goods

• Prevent serious obstruction or prejudice to the business

Right to Weekly Rest Day

• 6 days work day; 1 day rest day

• Employer determines rest day subject to collective bargaining agreement

• Respect the preference of employees if based on religious grounds

Compensation for Rest Day and Special Days

• Rest Day

• If nature of work has no regular workdays and no scheduled rest days

• Special Day

• Special Day + Rest Day

Rest Day

COMPENSATION FOR REST DAY AND SPECIAL DAYS

• Additional 30% of minimum wage

• Pay for giving up your scheduled downtime

If nature of work has no regular workdays and no scheduled rest days

COMPENSATION FOR REST DAY AND SPECIAL DAYS

Additional 30% on Sundays and Special Days

Special Day

COMPENSATION FOR REST DAY AND SPECIAL DAYS

• Additional 30%

• Recognition for working on a declared occasion

Special Day + Rest Day

COMPENSATION FOR REST DAY AND SPECIAL DAYS

Additional 50%

Right to Holiday Pay

• Unworked

• Worked

• Double Holiday

Unworked

RIGHT TO HOLIDAY PAY

100% wage

Worked

RIGHT TO HOLIDAY PAY

200% wage

Double Holiday

RIGHT TO HOLIDAY PAY

300% wage

Right to Service Incentive Leave

• Must have rendered at least 1 year of service

• 5 days with pay

• Not apply to the following:

  • Vacation leave of at least 5 days

  • Establishments with less than 10 employees

  • Exempted by Secretary of Labor

  • After considering the financial condition of the establishment

Service Charges

100% to covered employees and none to managerial employees

Wages

• Forms of Payment

• Time of Payment

• Place of Payment

• Attorney’s Fees

Forms of Payment

WAGES

• Not by means of promissory notes, vouchers, coupons, token, tickets, chits, or any other than legal tender

• Check or money order is allowed when such method is customary

Time of Payment

WAGES

Twice a month with intervals not exceeding 16 days

Place of Payment

WAGES

At workplace

Attorney’s Fees

WAGES

In case of unlawful withholding of wage, attorney’s fees are equivalent to 10% wages recovered

Prohibitions Regarding Wages

• Interference in disposal (di pwedeng mangialam kung saan gagstusin ni employee)

• Wage deductions, except;

  • Insurance (to recompense employer)

  • Union dues

  • Authorized by law

• Deposits for loss or damage (di pwedeng magdeposit for deductions on loss or damages)

  • Hindi pwedeng magdeduct unless the employee is heard and responsible for the damages shown

• Withholding of wages (hindi pagbigay ng any amount to the employee)

• Kickbacks (inducing employer to give up a part of the wage without their consent)

• Deduction to ensure employment

• Retaliatory measures (revenge to those who complain)

• False reporting

Employment of Women

• Facilities

• Maternity Leave Benefits

• Family Planning Services

• Acts of Discrimination

• Stipulation against Marriage

• Prohibited Acts

Facilities

EMPLOYMENT OF WOMEN

• Seats proper for women

• Separate toilet rooms for women and at least a dressing room for women

• Nursery

Maternity Leave Benefits

EMPLOYMENT OF WOMEN

• 105 days for live childbirth

• 60 days for miscarriage or termination of pregnancy

• 120 days for childbirth of solo parent

• Extendable by 30 days without pay

Family Planning Services

EMPLOYMENT OF WOMEN

Establishment required to establish clinics or infirmaries shall provide free family planning services

Acts of Discrimination

EMPLOYMENT OF WOMEN

• Lesser compensation than male employees

• Favoring male employee over female employee on the basis of sex

Stipulation against Marriage

EMPLOYMENT OF WOMEN

• Marriage cannot be considered a condition of employment or continuation of employment

• Women cannot be deemed separated or dismissed on the basis of their marriage if such marriage does not impede on job operations

Prohibited Acts

EMPLOYMENT OF WOMEN

• Denying women of benefits or discharging her to prevent her from enjoying benefits

• Discharging women due to their pregnancy

• Discharging or refusal to admit returning women in fear of them being pregnant again

Employment of Minors

• Children below 15 years shall be employed unless under direct responsibility of parents or guardian

• Children 15 to 18 years old may be employed for a limited number of hours and periods of the day

• Children below 18 years old may not be employed in hazardous work

• No employer shall discriminate any person on account of their age

Employment of Househelpers

• Contract not more than 2 years, but it is renewable

• If under 18 years old, must provide an opportunity for at least elementary education, which is part of their compensation

• Lodging, food, and medical attendance are free of charge

Unjust Dismissal

EMPLOYMENT OF HOUSEHELPERS

Compensation already earned + 15 days by way of indemnity

Leaving Without Reason

EMPLOYMENT OF HOUSEHELPERS

Forfeiture of unpaid salary due not exceeding 15 days

Notice of Termination

EMPLOYMENT OF HOUSEHELPERS

Given to househelper 5 days before dismissal

Employment of Night Workers

• Working from 12 MN to 5 AM

• Health Assessment should be undergone free of charge

  • Before assignment

  • Regular intervals during assignment

  • Experience of health problems caused by performance of night work

• First-aid facilities should be made available to them