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Premium Pay refers to the additional compensation required by law for worked performed within eight (8) hours on non-working days, such as rest days and special days.
Holiday Pay
Holiday Pay refers to the payment of the regular daily wage for any unworked regular holidays. Regular Holidays Every employee covered by the holiday pay rule is entitled to his daily basic wage for any unworked regular holiday. This means that the employee is entitled to at least 100% of his basic wage even if he did not report for work, provided he is present or is on leave of absence with pay on the work day immediately preceding the holiday. Under Executive Order No. 203, as amended by RA 9492, there are eleven (11) regular holidays, namely: New Year's Day Maunday Thursday Good Friday Araw ng Kagitingan January 1 Movable dates Movable dates April 9
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Labor Day Bonifacio Day Independence Day National Heroes Day Christmas Day Rizal Day E'dl Fi'tr
May 1 November 30 June 12 last Sunday of August December 25 December 30 Movable dates
Overtime Pay
Overtime Pay refers to the additional for work performed beyond eight (8) hours a day.
Computation of Wages
Computation of wages is governed by the following rules: Computing Overtime: On Ordinary Days Plus 25% of the hourly rate multiplied by the number of hours. On a rest day, special day or regular holiday Plus 30% of the hourly rate on said days multiplied by the number of hours. Computing pay for work done on: A special day (130% x basic pay) A special day, which is also a scheduled rest day (150% x basic pay) A regular holiday (200% x basic pay) A regular holiday, which is also a scheduled rest day (260% x basic pay) Computing Night Shift Premium Where Night Shift is a Regular Work: On Ordinary day (110% x basic hourly rate) On a rest day, special day, regular holiday (110% of regular hourly rate for a rest day, special day, regular holiday) Computing Overtime on Night Shift: On ordinary day (110% x overtime hourly rate) On rest day, special day or regular holiday (110% x overtime hourly rate for rest days, special days, regular holidays)
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Computing 13th Month Pay: Total basic salary earned for the year exclusive of allowances, overtime, holiday, and night shift differential pay divided by 12 months = 13th month pay.
Paternity Leave
Paternity leave is granted to all married male employees in the private sector, regardless of employment status, (e.g. probationary, regular, contractual, project-based)
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the purpose of which is to allow the husband to lend support to his wife during her period of recovery and/or in the nursing of her newborn child. The leave shall be for seven (7) days, with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any, provided that his pay shall not be less than the mandated minimum wage. Availment of the paternity leave may be after the delivery, without prejudice to an employer's policy of allowing the employee to avail of the benefit before or during the delivery, provided that the total number of days shall not be more than seven (7) days for each covered delivery.
Maternity Leave
Every pregnant woman in the private sector, whether married or unmarried is entitled to maternity leave of (60) days in case of normal delivery ,abortion or miscarraige, or seventy-eight (78) days in case of caesarian section delivery with benefits equivalent to 100% of the average daily salary credit of the employee as defined under the Social Security Law
Leave for Victims of Violence Against Women and Their Children (VAWC)
VAWC leave is granted to private sector women employees who are victims as defined in Republic Act No. 9262. The leave benefit shall cover the days that the women employee has to attend to medical and legal concerns. In addition to other paid leaves under existing labor laws, company policy, and/or collective bargaining agreement, the qualified victim employee shall be entitled to a
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leave of up to ten (10) days with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any.
Service Charges
Employees of employers collecting service charges are entitled to an equal share in the 85% of the total of such charges, except managerial employees. The remaining 15% of the charges may be retained by the management to answer for losses and breakages and for distribution to managerial employees, at the discretion of the management in the later case. Service charges are collected by most hotels and some restaurants, night clubs, cocktail lounges, among others.
Separation Pay
Separation pay is given to employees in instances covered by Articles 283 and 284 of the Labor Code. An employee's entitlement to separation pay depends on the reason or ground for the termination of his services. An employee may be terminated for just cause (i.e. gross and habitual neglect of duty, fraud or commission of a crime) and other similar causes as enumerated under Article 282 of the Labor Code and generally, may not be entitled to separation pay. On the other hand, where the termination is for authorized causes, separation pay is due.
female employees is unlawful. It is also unlawful for an employer to require a condition of employment that a woman employee shall not get married or to stipulate expressly or tacitly that a woman employee shall be deemed dismissed upon marriage. The minimum age of employment is 18 years for hazardous jobs, and 15 years for nonhazardous jobs. But a child below 15 maybe employed by parents or guardians in a non-hazardous job if the employment does not interfere with the child's schooling.
Security of Tenure
Every employee shall be assured security of tenure. No employee can be dismissed from work except for a just or authorized cause, and only after due process. Just Cause refers to any wrongdoing committed by an employee including: 1. serious misconduct 2. willful disobedience of employers' lawful orders connected with work 3. gross and habitual neglect of duty 4. fraud or willful breach of trust 5. commission of crime or offense against the employer, employer's family member/s or representative 6. other analogous cases Authorized Cause refers to an economic circumstance not due to the employee's fault, including: 1. 2. 3. 4. the introduction of labor-saving devices redundancy retrenchment to prevent losses closure or cessation of business
Due Process in cases of just cause involves: 1. notice to employee of intent to dismiss and grounds for dismissal 2. opportunity for employee to explain his or her side 3. notice of decision to dismiss In authorized causes, due process means written notice of dismissal to the employee specifying the grounds, at least 30 days before the date of termination. The inability of a probationary employee to meet the employer's prescribed standards of performance made known to him or her at the time of hiring is also a just cause for dismissal.
rendered for more or less than 8 hours a day. An employer cannot make any deduction from an employee's wage except for insurance premiums with the consent of the employee, for union dues, or for withholding taxes, SSS premiums and other deductions expressly authorized by law.
Payment of Wages
Wages shall be paid in cash, legal tender at or near the place of work. Payment may be made through a bank upon written petition of majority of the workers in establishments with 25 or more employees and within one (1) kilometer radius to a bank. Payment shall be made directly to the employees. Wages shall be given not less than once every two (2) weeks or twice within a month at intervals not exceeding 16 days.
Employment of Women
Nightwork prohibition unless allowed by the Rules: in industrial undertakings from 10PM to 6AM in commercial/non-industrial undertakings from 12MN to 6AM in agricultural undertakings, at night time unless given not less than 9 consecutive hours of rest Welfare facilities must be installed at the workplace such as seats, separate toilet rooms, lavatories, dressing rooms. Prohibition against discrimination with respect to pay (i.e. equal pay for work of equal value), promotion, training opportunities, study and scholarship grants.
Employment of Children
Minimum employable age is 15 years of age. A worker below 15 should be directly under the sole responsibility of parents or guardians; work does not interfere with child's schooling/normal development. No person below 18 years of age can be employed in a hazardous or deleterious undertaking.
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If a worker or representative of workers or any concerned person believes that such a violation of the OSH Standards exists which threatens physical harm or poses imminent danger to life, what shall he do to correct the danger?
The said worker or workers representative shall request an inspection with the Regional Office in their area by giving full particulars or details regarding such violation or danger.
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What are the duties and responsibilities of the employers and the employees in relation to enforcement and compliance with OSH Standards in the workplace?
DUTIES OF THE EMPLOYERS Adopt administrative policies on safety in accordance with the provisions of the Standards; Report to the Regional Director or his/her duly authorized representative the policies adopted and the safety organization established; Submit report to the Regional Director or his/her duly authorized representative once in every three months on the safety performance, safety committee meetings and its recommendations and measures taken to implement the recommendation; Act on recommended safety measures; Provide access to appropriate authorities. DUTIES OF THE EMPLOYEES Follow safety policies; Report unsafe conditions and practices to the Supervisor; Serve as member of the Health and Safety Committee; Cooperate with Health and Safety Committee; Assist government agencies in the conduct of safety and health inspection.
What are the types and composition of Safety and Health Committee?
The types and composition of the Safety and Health Committee shall be organized according to the number of employees or workers in a workplace.
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