Book III BenefitsHours of work Does not exceed 8 hours per day All time during which an employee is a. Required to be on duty or to be at a prescribed workplace; and b. Suffered or permitted to work c. Rest periods of short duration during working hours counted as hours worked Meal periods • Not less than 60 minutes Not compensable, except when • IRR allows the meal time to be less than 60 minutes, 1. Meal time is predominantly spent for the employer’s benefit; or under specified cases and in no case less than 20 2. It is less than 60 minutes minutes Night shift differential Not less than 10% of regular wage for each hour of work performed between 10PM to 6AM Note: Pag nag-OT, basis of 10% is OT rate! Overtime work • Work performed beyond 8 hours a day NO OT pay when • 25% of regular wage 1. OT pay validly integrated in basic salary (composite or package pay • 30% of regular wage if or all-inclusive salary) a. Holiday 2. Valid CWW b. Rest day Employer can compel OT work with OT pay 1. Country at war; national or local emergency; 2. Necessary to prevent loss of life or property; imminent danger to public safety due to an actual or impending emergency; 3. Urgent work to be performed on machines or equipment to avoid serious loss or damage; 4. Necessary to prevent loss or damage to perishable goods; and 5. Completion or continuation of work started before the 8th hour is necessary to prevent serious obstruction or prejudice to the business of the employer Average of basic wages for the last 7 working days for those paid by results. Rizal Day regular holiday. and 6. Basic wage on particular holiday. 4. Good Friday a. 3. or d. Christmas Day pay on the last working day immediately prior to the 12. if worked . Araw ng Kagitingan b. Necessary to prevent loss or damage to perishable goods. All Saints Day • 50% of regular wage if holiday work falls on rest day than 10 workers—employees not entitled to 3. c.Weekly rest day • Not less than 24 consecutive hours after every 6 Employer can compel work on a rest day consecutive normal work days 1. Eidl Fitr a. Abnormal pressure of work due to special circumstances. If unworked—200% holiday 4. 30% of regular wage public safety due to an actual or impending emergency. Independence Day 390% 7. 5. National Heroes’ Day • Part-timer—basis is the highest of the following 8. regular or special No premium pay for EDSA Revolution Covered—Monthly-paid employees Anniversary—only an ordinary workday • Monthly minimum wage shall not be less than the statutory minimum wage × 365 Regular Holiday • GR: With pay even if no work Employee must not have ÷ 12 1. Maundy Thursday • What if 2 regular holidays fall on the same day? day preceding the regular 3. New Year’s Day • 200% of regular wage been absent on the working 2. Last Day of the Year holiday pay. Regular wage per day. Necessary to prevent loss of life or property. Basic wage on working day preceding the regular 10. 2. Urgent work to be performed on machines or equipment to avoid serious loss or damage. 9. If worked and also fell on employee’s rest day— 6. Labor Day c. imminent danger to • If work is done. Nature of work requires continuous operations and stoppage may result in irreparable injury or loss to employer. where employer cannot be expected to resort to other measures. no pay Not covered—Retail and service 1. If worked—300% 5. Other analogous circumstances as determined by Secretary of Labor Sundays • Nature of work is such that there are no regular workdays and no regular rest days • 30% of regular wage Special Holiday • GR: No work. Ninoy Aquino Day • 30% of regular wage establishments regularly employing less 2. Bonifacio Day holiday if the employee is present or on leave with 11. Eidl Adha b. Workers in any duly registered cooperative when recommended by the Bureau of Cooperative Development and upon approval of the Secretary of Labor. Barangay Micro Business Enterprise (BMBE)—total assets not more than ₱3M. 2. Homeworkers engaged in needlework. Contract workers. Workers employed in any establishment duly registered with the National Cottage Industries and Development Authority provided they work in their respective homes. 5. 3. Distressed establishments. 9. among them equally • 15% to management (discretionary upon management) Minimum Wage Exemptions 1. 4. 6. Establishments adversely affected by natural calamities 10. family drivers. by Secretary of Labor d. employing less than 10 employees. Enjoying vacation leave with pay of at entitled least 5 days. New business enterprises. a. Piece-rate 4. Part-timers. RTWPB may provide for additional exemptions . Kasambahay Service Charges • 85% to covered employees. • The following are 2. Employed in establishments exempted workers. Retail and service establishments regularly employing not more than 10 workers upon application with the Regional Board. 8. 7. Employed in establishments regularly b. and c. Domestic helpers. those in the personal service of another. 3. Already enjoying the benefit.Service Incentive Leave • 5 days leave with pay • Rendered at least 1 Exclusions • Part-timers entitled to full benefit year of service 1. 60 days—normal 100% average salary credit 1. • Unless provided in the CBA mandatory allowances 2. extendible when With pay VAWC victims the necessity arises as specified in the protection order . 3. 78 days—caesarean monthly contributions. 2. File application within a reasonable fixed by the regional wage period from expected date of surgery. child 4. except for Kasambahay SIL Maternity Leave a. Only for first 4 deliveries or miscarriages Paternity Leave 7 days after delivery Basic salary 1. NO To effectively lend support to the • Unless the employer 2. SSS Member who has paid at least 3 b. First 4 deliveries of legitimate spouse or in the nursing of the newly-born or during with whom he is cohabiting. Employee at time of delivery. boards unless in cases of emergency— employer has to be notified (verbally or in writing) and the application can be filed after the surgery Solo Parents Leave 7 working days per year Rendered service for at least 1 year To enable him to perform parental duties and responsibilities where physical presence is required VAWC Leave 10 days. Expected date • Prior application unnecessary in case of miscarriage Special Leave 2 months or 60 days Gross monthly compensation 1. Leaves Leave Period Benefit Conditions Convertible to cash? Service Incentive Leave 5 days. Married male. Notify employer. wife in her period of recovery and/ agrees to grant it before 3. yearly At least 1 year of service YES. Continuous aggregate employment of NO following the surgery • Monthly basic pay + at least 6 months. Apply to notify employer within a reasonable period of a. b. Pregnancy. as amended by RA 8262 SSS RA 8291 GSIS . Special Laws Book I Migrant Workers and RA 8042 Overseas Filipinos Act (IR) Book III RA 8187 Paternity Leave PD 851 13th Month Pay RA 9710 Magna Carta of Women RA 8972 Solo Parents RA 7610. as amended by RA 9231 Child Abuse RA 9262 VAWC RA 7877 Sexual Harassment RA 10361 Kasambahay Law Book IV RA 1161.