Minimum Wage Flashcards
What act known as the ”Wage Rationalization Act” that mandates the fixing of the minimum wages applicable to different industrial sectors, namely, non-agriculture, agriculture plantation, and non-plantation, cottage/handicraft, and retail/service, depending on the number of workers or capitalization or annual gross sales in some sectors.
Republic Act No. 6727
The Rules Implementing RA 6727 define the industrial sectors as follows:
Agriculture, Retail Establishment and Service Establishment
Is one principally engaged in the sale of goods to end-users for personal or household use.
Retail Establishment
Is one principally engaged in the sale of service to individuals for their own or household use and is generally recognized as such.
Service Establishment
Refers to farming in all its branches and, among others, includes the cultivation and tillage of the soil, production, cultivation, growing and harvesting of any agricultural or horticultural commodities, dairying, raising of livestock or poultry, the culture of fish and other aquatic products in farms or ponds, and any activities performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing and/or processing of sugar, coconut, abaca, tobacco, pineapple, aquatic or other farm products.
Agriculture
The employer may provide subsidized meals and snacks to his employees provided that the subsidy…
shall not be less than 30% of the fair and reasonable value of such facilities.
The wage increases prescribed under Wage Orders apply to all private sector workers and employees receiving the daily minimum wage rates or those receiving up to a certain daily wage ceiling, where applicable, regardless of their position, designation, or status of employment, and irrespective of the method by which their wages are paid, except workers of…
duly registered Barangay Micro Business Enterprises (BMBEs) with Certificate of Authority pursuant to Republic Act No. 10644.
What is the basis of the minimum wage rates prescribed by law shall be the normal working hours of?
8 hours a day
The following shall be considered as compensable hours worked:
a. All time during which an employee is required to be on duty or to be at the employer’s premises or to be at a prescribed work place; and
b. All time during which an employee is suffered or permitted to work.
The following general principles shall govern in determining whether the time spent by an employee is considered hours worked:
a. All hours are hours worked which the employee is required to give his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion.
b. An employee need not leave the premises of the work place in order that his rest period shall not be counted, it being enough that he stops working, may rest completely and may leave his work place, to go elsewhere, whether within or outside the premises of his work place.
c. If the work performed was necessary, or it benefited the employer, or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked, if the work was with the knowledge of his employer or immediate supervisor.
d. The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered working time either if the imminence of the resumption of work requires the employee’s presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employee’s own interest.
What is the treatment on waiting timer
a. Waiting time spent by an employee shall be considered as working time if waiting is an integral part of his work or the employee is required or engaged by the employer to wait.
b. An employee who is required to remain on call in the employer’s premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as working while on call. An employee who is not required to leave word at his home or with company officials where he may be reached is not working while on call.
Attendance at lectures, meetings, training programs, and other similar activities shall not be counted as working time if all of the following conditions are met:
a. Attendance is outside of the employee’s regular working hours;
b. Attendance is in fact voluntary; and
c. The employee does not perform any productive work during such
attendance.
Every employer shall give his employees, regardless of sex, a meal period of
not less than one (1) hour time-off for regular meals. except in the following cases when a meal period of not less than twenty (20) minutes may be given by the employer
Employer may give a meal period not less than 20 minutes if;
a. Where the work is non-manual work in nature or does not involve strenuous physical exertion;
b. Where the establishment regularly operates not less than sixteen (16) hours a day;
c. In case of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer; and
d. Where the work is necessary to prevent serious loss of perishable goods.
Is coffee breaks running five to twenty minutes considered as compensable working time?
YES
