11 - LABOR CODE Flashcards
What type of law is the Labor Code?
Labor Standards Law
What does the Labor Standards Law prescribe?
The minimum requirements of employment, including wages, hours of work, and other benefits.
What type of law regulates the relationship between employers and employees?
Labor Relations Law
What applies to all workers, whether agricultural or non-agricultural, under the Labor Code of the Philippines?
All rights and benefits granted to workers under this Code.
Who is exempt from the Labor Code of the Philippines?
Government employees, managerial employees, officers of the managerial staff, field personnel, persons in the personal service of another, domestic helpers, workers paid by results, and family members of the employer who are dependent on them for support.
How many hours of work can an employee perform per day under the Labor Code?
Not more than 8 hours.
What is an employee entitled to if required to work beyond 8 hours?
Overtime pay/premium.
What is the overtime pay/premium for regular hours worked beyond 8 hours?
Regular wage plus 25%.
What is the overtime pay/premium for hours worked beyond 8 hours on a rest day or holiday?
Regular wage plus 30%.
How do you calculate Pedro’s overtime pay if his daily wage is ₱800 and he worked 1 hour of overtime?
₱800 / 8 hours * 1.25 = ₱100
How do you calculate Pedro’s overtime pay if his daily wage is ₱800 and he worked 1 hour of overtime on a rest day?
₱800 / 8 hours * 1.30 = ₱130
How do you calculate Pedro’s overtime pay if his daily wage is ₱800 and he worked 1 hour of overtime on a special holiday?
₱800 / 8 hours * 1.30 = ₱130
How do you calculate Pedro’s overtime pay if his daily wage is ₱800 and he worked 2 hours of overtime on a regular holiday?
(₱800 / 8 hours * 1.30) * 2 = ₱260
What is an employee entitled to for work performed on a scheduled rest day?
Additional compensation of at least 30% of the regular wage.
What is an employee entitled to for work performed on a special holiday?
Additional compensation of at least 30% of the regular wage.
What is an employee entitled to for work performed on a designated rest day that falls on a holiday?
Additional compensation of at least 50% of the regular wage.
What special non-working holidays are observed in the Philippines?
BALANC-CF:
B - Black Saturday
A - All Saints’ Day
L - Last Day of the Year
A - All Souls’ Day
N - Ninoy Aquino Day
C - Christmas Eve
C - Chinese New Year
F - Feast of the Immaculate Conception of Mary
How much is Pedro’s special holiday pay if his daily wage is ₱800?
₱800 * 1.30 = ₱1,040
How much is Pedro’s pay if he works on a special holiday that is also his rest day, and his daily wage is ₱800?
₱800 * 1.50 = ₱1,200
What is the pay for work on a regular holiday?
200% of the regular daily wage.
What is the pay for work on a double holiday (a regular holiday that falls on a rest day)?
200% of the regular daily wage for unworked; 300% (200% + 100%) if worked.
What regular holidays are observed in the Philippines?
GLANCE BIR MEN:
G - Good Friday
L - Labor Day
A - Araw ng Kagitingan
N - New Year’s Day
C - Christmas Day
E - Eid’l Fitr
B - Bonifacio Day
I - Independence Day
R - Rizal Day
M - Maundy Thursday
E - Eid’l Adha
N - National Heroes’ Day (or National Elections when applicable)
What is the night shift differential per hour of work performed between 10 PM and 6 AM?
Not less than 10% of the gross regular wage per hour.
How do you calculate the night shift differential pay for Pedro if his daily wage is ₱800 and he worked 2 hours of night shift?
₱800 / 8 hours * 0.10 * 2 hours = ₱20
What is the service incentive leave entitlement under the Labor Code of the Philippines?
5 days of paid leave per year after at least one year of service.
Can unused service incentive leave be converted to cash?
Yes.
What is the maternity leave entitlement under the Labor Code of the Philippines?
105 days with full pay for any instance of pregnancy, 60 days with full pay for miscarriage or emergency termination, and an additional 30 days of unpaid leave (optional).
What is the additional leave entitlement for qualified solo parents?
15 days with pay.
Can maternity benefits be allocated to the child’s father?
Yes, with additional provisions under the Paternity Leave Act.
Who is entitled to paternity leave under the Labor Code of the Philippines?
Married male employees for the first four deliveries of their legitimate spouse with whom they reside.
What is the leave entitlement for solo parents under the Labor Code of the Philippines?
7 working days of leave per year after at least one year of service.
How does the Labor Code of the Philippines define a solo parent?
Includes various categories of individuals bearing primary responsibility for child care.
What is included in the 13th Month Pay under the Labor Code of the Philippines?
1/12 of the total basic salary earned within a calendar year.
When should the 13th Month Pay be paid?
Not later than December 24th.
What is the requirement for eligibility to receive the 13th Month Pay?
At least one month of service rendered.
