(c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment. Coverage. NIGHT SHIFT DIFFERENTIAL (Article 86) A. To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like. 98. ARTICLE 145. Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. 130. – (a) Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. Art. Direct payment of wages. Prohibition against elimination or diminution of benefits. 6727, June 9, 1989). – The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. – The employer may require his employees to work on any day: (a) In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety; (b) In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer; (c) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures; (d) To prevent loss or damage to perishable goods; (e) Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and. special day: 110% x (130% x basic pay) 10,000 x 1.3 = Php 13,000 An employer or indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due the employees should the contractor or subcontractor, as the case may be, fail to pay the same. Monday - Friday: 8:00 am - … Emergency overtime work. Where the application of any prescribed wage increase by virtue of a law or wage order issued by any Regional Board results in distortions of the wage structure within an establishment, the employer and the union shall negotiate to correct the distortions. Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency; To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women; To establish a nursery in a workplace for the benefit of the women employees therein; and. 107. (i) To exercise such powers and functions as may be necessary to implement this Act. Night work is regulated under the Labour Code which provides for a night shift differential. 6727, June 9, 1989). Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate regulations. (As amended by Republic Act No. – If the period of household service is fixed, neither the employer nor the house helper may terminate the contract before the expiration of the term, except for a just cause. 99. Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation. Take note that it can fall into more than one category: it can be both a rest day and a regular holiday, for example. 148. He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities or other property from any other person, or otherwise make use of any store or services of such employer or any other person. I saw that the min wage for domestic help at less than 1,000 a month? - Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning. Women and young persons are prohibited from night work. For starters, night differential is the amount of money you get for working in late hours specifically between the hours of 10pm and 6am. Withholding of wages and kickbacks prohibited. 86. 113. 109. The Secretary of Labor and Employment or his duly authorized representative may supervise the payment of unpaid wages and other monetary claims and benefits, including legal interest, found owing to any employee or househelper under this Code. Marriage Annulment & Divorce in the Philippines, Grounds for Annulment of Marriage in the Philippines, PROCEDURE ON GETTING ANNULMENT IN THE PHILIPPINES, How to File an Annulment in the Philippines, Philippines BPO KPO Registration Incorporation, Philippines Foreign Corporation Branch Office, BOI – Board of Investments Tax Incentives, Foreign Ownership of Land in the Philippines, Foreign Ownership of Corporations in the Philippines, Declaration of Nullity of Marriage in the Philippines, BOI - Board of Investments Tax Incentives. (d) “Agriculture” includes farming in all its branches and, among other things, includes cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products. “Domestic or household service” shall mean service in the employers home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employers household, including services of family drivers. Family planning services; incentives for family planning. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. Feel free to download the infographic below for your business’ payroll needs. Art. (As amended by Republic Act No. To exercise such other powers and functions as may be necessary to carry out their mandate under this Code. ARTICLE 146. The employer shall furnish the househelper, free of charge, suitable and sanitary living quarters as well as adequate food and medical attendance. Service charges. How to Compute Overtime Pay All employees required to work beyond the normal 8 hours are entitled to overtime. Unless otherwise agreed by the parties in writing, such dispute shall be decided by the voluntary arbitrators within ten (10) calendar days from the time said dispute was referred to voluntary arbitration. Such unpaid wages and monetary claims shall be paid in full before claims of the government and other creditors may be paid. (As amended by Section 3, Republic Act No. ARTICLE 93. What is the overtime pay computation for employees working on a night shift during a special day? For purposes of this Chapter, the “employer” of homeworkers includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person: (As amended by Section 1, Republic Act No. Service charges. The payment of wages under this Article shall absolve the employer of any further liability with respect to the amount paid. 93. (As amended by Republic Act No. Prohibited acts. Direct payment of wages. “Wage” paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, lodging, or other facilities customarily furnished by the employer to the employee. If any of the heirs is a minor, the affidavit shall be executed on his behalf by his natural guardian or next-of-kin. “Field personnel” shall refer to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. The minimum wage rates prescribed under this Chapter shall be the basic cash wages which shall be paid to the househelpers in addition to lodging, food and medical attendance. Minimum cash wage. What are the Labor Law Requirements for a Shift Differential?. The regulations or orders to be issued pursuant to this Chapter shall be designed to assure the minimum terms and conditions of employment applicable to the industrial homeworkers or field personnel involved. ARTICLE 82. Each Regional Board to be headed by its chairman shall be assisted by a Secretariat. “Employ” includes to suffer or permit to work. (As amended by Republic Act No. 114. Treatment of househelpers. The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers, shall have access to employer’s records and premises at any time of the day or night whenever work is being undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this Code and of any labor law, wage order or rules and regulations issued pursuant thereto. – (a) Househelpers shall be paid the following minimum wage rates: (1) Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Paraaque, Las Pias, Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities; (2) Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and. To act as the national consultative and advisory body to the President of the Philippines and Congress on matters relating to wages, incomes and productivity; To formulate policies and guidelines on wages, incomes and productivity improvement at the enterprise, industry and national levels; To prescribe rules and guidelines for the determination of appropriate minimum wage and productivity measures at the regional, provincial, or industry levels; To review regional wage levels set by the Regional Tripartite Wages and Productivity Boards to determine if these are in accordance with prescribed guidelines and national development plans; To undertake studies, researches and surveys necessary for the attainment of its functions and objectives, and to collect and compile data and periodically disseminate information on wages and productivity and other related information, including, but not limited to, employment, cost-of-living, labor costs, investments and returns; To review plans and programs of the Regional Tripartite Wages and Productivity Boards to determine whether these are consistent with national development plans; To exercise technical and administrative supervision over the Regional Tripartite Wages and Productivity Boards; To call, from time to time, a national tripartite conference of representatives of government, workers and employers for the consideration of measures to promote wage rationalization and productivity; and. ARTICLE 144. Chapter III HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES. ARTICLE 133. – It shall be unlawful to make any deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment. ... (DOLE) for policy and program coordination. – As used in this Title: (a) “Person” means an individual, partnership, association, corporation, business trust, legal representatives, or any organized group of persons. (As amended by Section 1, Republic Act No. – (a) The Secretary of Labor and Employment shall regulate the payment of wages by results, including pakyao, piecework, and other non-time work, in order to ensure the payment of fair and reasonable wage rates, preferably through time and motion studies or in consultation with representatives of workers and employers organizations. It doesn’t take a human relations guru to tell you that many employees don’t like working overnight shifts, working on weekends or on holidays. ARTICLE 154. Prohibition against injunction. Nothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of this Code. Chapter V WAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION. Undertime not offset by overtime. The Regional Director or hearing officer shall decide or resolve the complaint within thirty (30) calendar days from the date of the filing of the same. No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling. When employer may require work on a rest day. The Secretary of Labor and Employment may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of workers established under this Code. Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after such processing or fabrication, either by himself or through some other person. In this article, we will be teaching you how to compute for your night differential. As used herein, a wage distortion shall mean a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiation. Right to service incentive leave. In the event of bankruptcy or liquidation of an employer’s business, his workers shall enjoy first preference as regards their wages and other monetary claims, any provisions of law to the contrary notwithstanding. Art. Regulation of industrial homeworkers. you through the maze of, Even many Philippine Corporations find themselves in need of the services of a law firm to handle their compliancy issues with, THE LABOR CODE OF THE PHILIPPINES – BOOK 3. Visitorial and enforcement power. Standards/Criteria for minimum wage fixing. – This Chapter shall apply to all persons rendering services in households for compensation. APPENDIX Directory of DOLE Regional Offices 57 Directory of DOLE-NCR Field Offices 58 The Bureau of Working Conditions 59 . 125. Art. Jane REPLY: […] The regional minimum wages to be established by the Regional Board shall be as nearly adequate as is economically feasible to maintain the minimum standards of living necessary for the health, efficiency and general well-being of the employees within the framework of the national economic and social development program. 131. In no case shall physical violence be used upon the househelper. Art. Art. The Commission shall determine the offices/headquarters of the respective Regional Boards. To exercise such powers and functions as may be necessary to implement this Act. Every employee shall be paid a night shift premium of not less than 10% of their regular wage for each hour of work performed between 10:00 PM and 6:00 AM. 6715, March 21, 1989). Indemnity for unjust termination of services. (c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action. The employer shall treat the househelper in a just and humane manner. 126. 142. Every employee is entitled to a Night Differential of Night shift pay of not less than 10% of his regular wage for each hour of work performed between 10pm and 6am. – The employment of industrial homeworkers and field personnel shall be regulated by the government through the appropriate regulations issued by the Secretary of Labor and Employment to ensure the general welfare and protection of homeworkers and field personnel and the industries employing them. Chapter III HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES. Service of termination notice. ARTICLE 102. Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace; and (b) all time during which an employee is suffered or permitted to work. Art. ARTICLE 127. Art. 6725, May 12, 1989), (As amended by Republic Act No. (b) The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged. Indirect employer. Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers; The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and. Non-diminution of benefits. Any dispute arising from wage distortions shall be resolved through the grievance procedure under their collective bargaining agreement and, if it remains unresolved, through voluntary arbitration. Emergency overtime work. The affidavit shall be presented to the employer who shall make payment through the Secretary of Labor and Employment or his representative. For purposes of determining the extent of their civil liability under this Chapter, they shall be considered as direct employers. ARTICLE 119. In cases of unlawful withholding of wages, the culpable party may be assessed attorney’s fees equivalent to ten percent of the amount of wages recovered. “Fair and reasonable value” shall not include any profit to the employer, or to any person affiliated with the employer. An order issued by the duly authorized representative of the Secretary of Labor and Employment under this Article may be appealed to the latter. 6715, March 21, 1989), Title III WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES. He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities or other property from any other person, or otherwise make use of any store or services of such employer or any other person. Contractor or subcontractor. The claimants, if they are all of age, shall execute an affidavit attesting to their relationship to the deceased and the fact that they are his heirs, to the exclusion of all other persons. Househelpers shall be paid the following minimum wage rates: Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Parañaque, Las Piñas, Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities; Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and. These wages shall include wages varying with industries, provinces or localities if in the judgment of the Regional Board, conditions make such local differentiation proper and necessary to effectuate the purpose of this Title. These wages shall include wages varying with industries, provinces or localities if in the judgment of the Regional Board, conditions make such local differentiation proper and necessary to effectuate the purpose of this Title. Art. – (a) It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days. Meal periods. Limitations. (As amended by Republic Act No. DOLE Central Office. Art. “Agriculture” includes farming in all its branches and, among other things, includes cultivation and tillage of soil, dairying, the production, cultivation, growing and harvesting of any agricultural and horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer on a farm as an incident to or in conjunction with such farming operations, but does not include the manufacturing or processing of sugar, coconuts, abaca, tobacco, pineapples or other farm products. Art. 6727, June 9, 1989). (b) When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays. Night Shift Differential Pay. When employer may require work on a rest day. – No wage order issued by any regional board shall provide for wage rates lower than the statutory minimum wage rates prescribed by Congress. (b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment. Art. Art. Art. Time of payment. – If the househelper is under the age of eighteen (18) years, the employer shall give him or her an opportunity for at least elementary education. 112. 108. Is this possible? It shall be mandatory for the NLRC to conduct continuous hearings and decide the dispute within twenty (20) calendar days from the time said dispute is submitted for compulsory arbitration. 121. Opportunity for education. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds. I want to know please if my employer a BPO company in BGC have violated the Labor code because of my case? The Regional Boards shall have the following powers and functions in their respective territorial jurisdictions: Implementation of the plans, programs, and projects of the Regional Boards referred to in the second paragraph, letter (a) of this Article, shall be through the respective regional offices of the Department of Labor and Employment within their territorial jurisdiction; Provided, however, That the Regional Boards shall have technical supervision over the regional office of the Department of Labor and Employment with respect to the implementation of said plans, programs and projects. (c) The Secretary of Labor and Employment may likewise order stoppage of work or suspension of operations of any unit or department of an establishment when non-compliance with the law or implementing rules and regulations poses grave and imminent danger to the health and safety of workers in the workplace. 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