Labor Law _F_Specific issues on Labor Standards Flashcards
Issues on Labor Standards
Wages - explain
a) Define
b) Nature
c) Inclusion
Wages are the amount paid to employee as remuneration for work or services
It may be fixed or on basis of time, task or commission
It includes FACILITIES
Issues on Labor Standards
Who are the employees not covered by the rules on wages (Art. 98 LC)?
Government employees including GOCCs with original charters
Farm
Domestic service or helpers
Issues on Labor Standards
Wages:
Facilities vs Supplements
a) Deductible from Wages
b) Nature
Facilities are deductible as it form part of wages
Supplements are not deductible from Wages
Issues on Labor Standards
What are the rules on Payment of Wages?
- form
- medium
- recipient
- timing
Paid in Cash legal tender near place of work
Paid directly to employees
Not less than once every 2 weeks
Issues on Labor Standards
What is the GR on No work no pay principle and its exceptions?
Explain Equal pay for equal work
What is the rule on workers preference?
NO work NO pay applies except when there was illegal dismissal ( backwages upon order for reinstatement )
Employees who work with EQUAL SKILL, EFFORTS, & RESPONSIBILITY shall be PAID SIMILAR Salaries
Workers preference – not as a lien — in case of bankruptcy.
Issues on Labor Standards
RA 6727 or Wage Rationalization Act - Explain
This law aims to promote the welfare of workers by ensuring fair and reasonable compensation while considering the economic viability of businesses.
The act establishes RTWPBs in each region of the country. These boards are responsible for determining and fixing the minimum wage rates applicable in their respective regions. Regional Tripartite Wages and Productivity Boards (RTWPBs)
Criteria for Wage Determination:
The RTWPBs consider various factors in determining the minimum wage rates, including:
The needs of workers and their families
The capacity of employers to pay
Comparable wages and incomes
The requirements of economic and social development
The prevailing wage levels
The cost of living and other socioeconomic indicators
Issues on Labor Standards
GR: Wage deductions are not allowed.
Exception A:
What are the allowable deductions even WITHOUT employee’s consent?
Exception B:
What are the allowable deductions requiring Employees consent?
SSS, Philhealth, Pag-ibig
Withholding taxes on income
Agency fees
Requires Consent:
1) Union dues
2) Debt payment
3) Other facilities
Issues on Labor Standards
Wages: Non-DIMINUTION of benefits
Explain the GR and the 4 elements
Employees acquired Vested rights over existing benefits.
Hence it cannot be diminished or discontinued without employees consent.
There is diminution when
1. benefits was given for a long time
2. practice is deliberate
3. practice of giving benefit is not by error
4. the discontinuance was made UNILATERALLY by employer
Issues on Labor Standards
Bonus:
Explain the nature
What is the GR (as a right) and exceptions
Bonus is a prerogative & gratuitous, not an obligation from employer
Dependent on financial capability of employer
As an act of liberality, bonus can not be demanded as a right
Bonus is a demandable right if:
1) its part of wages
2) its given as part of CBA
3) its a company policy
4) its required by law
Issues on Labor Standards
Hours of Work:
What is included (2)?
Who are the employees not covered by the LC’s rules on hours of work? (6)
What is the rule on meal period and rest periods?
the time an employee is on duty at place of work
8 hours a day
If meals or rest periods are less than an hour, its a compensable rest period.
Not covered by LC provisions on work hours”
1) Government
2) Managerial employee
3) Field personnel
4) Domestic Helpers
Issues on Labor Standards
Wage related benefits
Holiday pay
Special days
OT pay for >8hrs
Nightshift differential pay
Service charges
Issues on Labor Standards
Holiday Pay - What is the Coverage? Exceptions?
Entitlement to holiday pay - what is the rule?
a. entitlement
b. working on holiday
c. rule on 2 successive holidays
d. rule on 2 holidays falling on same day
All employees covered except
1) Government employees
2) Retail Service with LESS than 10 workers
3) Kasambahay
4) Managerial
5) Field personnel
a)
100% pay for Holidays even if worker did not work provided:
req: present or on LOA with pay on the Day immediately Before the Holiday
b)
if working: 200% pay
100% + 100%
Issues on Labor Standards
What is the rule on Special Days ( Three plus one special working day)?
Nov 1
Dec 31
Aug 21 Ninoy day
Dec 8 Immaculate Conception
GR: on special day, No work No pay BUT
Premium Pay of BDR basic daily rate
Special or Rest day = +30% of BDR
Issues on Labor Standards
What is the rule for OT pay for work in excess of 8 hours on
a. Ordinary days?
b. Special days, Rest days, & holidays?
a. OD - plus 25% of hourly rate
b. plus 30% of hourly rate
Issues on Labor Standards
What is the rule on Nightshift Differential pay?
10PM to 6AM
plus 10% of hourly rate
Issues on Labor Standards
What is the rule on Service charges?
100% to Rank and File
Issues on Labor Standards
What is the rule on 13th month pay?
a. How much
b. Coverage & Exclusions
a. 1/12 of basic annual salary
b.
All rank and file to be paid not later than 24 December
Exclude:
1) Government
2) Employers ALREADY paying 13th month pay not less thanb 1/12
3) Household helpers
4) Distressed employers
5) Commission workers
Issues on Labor Standards
Leaves
What is the rule on SIL Service Incentive Leave?
SIL of 5 daysa where staff worked for at least 1 year
Issues on Labor Standards
Leaves
What is the rule on 105-Day Expanded Maternity Leave RA 11210?
Paternity Leave rule RA 8187?
Mat Leave:
Normal or CS
105 + 15if Single Mum
30 days option to extend without pay
No cap
7 days of leave can be given to father
Pat Leave:
7 days for LEGAL WIFE
Issues on Labor Standards
What is the rule on Special Gynecological Leave under Magna Carta for women?
2 Months with full pay
Requirement:
Surgery by gyne disorders AND
6 months service
Issues on Labor Standards
What is the rule for Solo Parent Leave under RA 8972?
7 days every year
Issues on Labor Standards
What is the rule on Battered Woman Leave under RA 9262 VAWC?
10 days
Requirement: certification from Punong Baranggay or Kagawad
Issues on Labor Standards
What is the rule on Employment of Househelpers under Kasambahay Law?
a. Definition
b. Minimum wage
c. Rest day
d. SIL
e. 13th month pay
f. Mandatory government contributions
a.
renders service for maintenance of home
b.
5K monthly
3K-4.5K
c.
weekly rest day as preferred
d.
5 days if with 1 year sercvice
e.
at least 1 MONTH service
f.
at least 1 MONTH service
SSS
PhilHealth
PagiBig
Issues on Labor Standards
What is the rule on Employment of Minors?
Below 15 Allowed ONLY if UNDER Sole Responsibility of Parents
and
Does Not interfere with School
Issues on Labor Standards
Apprenticeship vs Learners
a. Nature
b. Period
c. Commitment to hire
d. Wages
e. DOLE TESDA approval
f. Deduction for expenses
App is OJT
Learners are Trainees
Highly Technical vs Semi-Skill
6 months vs 3 months
May or May not be paid vs. ALWAYS PAID
Issues on Labor Standards
What is the rule on Disabled workers?
incentives for employing?
Non-discrimination whose PWD does not affect effectiveness of work: entitled to Full Pay
If it hampers: 75% pay of minimum wage
Additional Deduction to 25% of Paid Salaries and Wages to PWD
CAPEX for PWD - 50% of improvement costs
Issues on Labor Standards
What is the rule on Night Shift workers?
No prohibition
Alternative to daytime work with SSS and mat leave
What are the pertinent benefits and protection under The magna carta for Women RA 9710 2010?
Protection from all forms of violence
LGU to establish VAWC desk in baranggay
What are the rules under Anti Sexual Harassment Act RA 7877?
vs The Safe spaces Act?
vs. Person in Power
Employer to investigate sexual H and establish guidelines
Soliday liability of Employer for damages IF employer was informed and No action was taken
What are the employee benefits under Retirement? Rules
60 optional
65 Mandatory
22.5 days
