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    North Eastern Mindanao State University (Nemsu) : Section: HRM3C

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    Cyril Ann Iriberri
    This document provides an overview of labor standards and employee benefits in the Philippines. It discusses conditions of employment such as hours of work, rest periods, overtime pay, night differential pay, premium pay, holidays and leaves. Key points covered include employees being entitled to 8 hours of work per day, meal and rest breaks, and overtime and premium pay for work exceeding normal hours or performed on holidays/rest days. The document also outlines maternity leave benefits expanded under the new 105-day law, as well as paternity, solo parent and other types of leaves. It concludes with a brief discussion of social welfare legislations regarding SSS and GSIS.

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    © All Rights Reserved
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    North Eastern Mindanao State University (Nemsu) : Section: HRM3C

    Uploaded by

    Cyril Ann Iriberri
    67 views3 pages
    This document provides an overview of labor standards and employee benefits in the Philippines. It discusses conditions of employment such as hours of work, rest periods, overtime pay, night differential pay, premium pay, holidays and leaves. Key points covered include employees being entitled to 8 hours of work per day, meal and rest breaks, and overtime and premium pay for work exceeding normal hours or performed on holidays/rest days. The document also outlines maternity leave benefits expanded under the new 105-day law, as well as paternity, solo parent and other types of leaves. It concludes with a brief discussion of social welfare legislations regarding SSS and GSIS.

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    MODULE (Labor)

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    This document provides an overview of labor standards and employee benefits in the Philippines. It discusses conditions of employment such as hours of work, rest periods, overtime pay, night differential pay, premium pay, holidays and leaves. Key points covered include employees being entitled to 8 hours of work per day, meal and rest breaks, and overtime and premium pay for work exceeding normal hours or performed on holidays/rest days. The document also outlines maternity leave benefits expanded under the new 105-day law, as well as paternity, solo parent and other types of leaves. It concludes with a brief discussion of social welfare legislations regarding SSS and GSIS.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    67 views3 pages

    North Eastern Mindanao State University (Nemsu) : Section: HRM3C

    Uploaded by

    Cyril Ann Iriberri
    This document provides an overview of labor standards and employee benefits in the Philippines. It discusses conditions of employment such as hours of work, rest periods, overtime pay, night differential pay, premium pay, holidays and leaves. Key points covered include employees being entitled to 8 hours of work per day, meal and rest breaks, and overtime and premium pay for work exceeding normal hours or performed on holidays/rest days. The document also outlines maternity leave benefits expanded under the new 105-day law, as well as paternity, solo parent and other types of leaves. It concludes with a brief discussion of social welfare legislations regarding SSS and GSIS.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    NORTH EASTERN MINDANAO STATE UNIVERSITY (NEMSU)

    Cantilan, Surigao del Sur


    College of Business Administration

    LABOR RELATION AND NEGOTIATIONS


    Section: HRM3C

    MODULE I

    PART I (MIDTERM) : LABOR STANDARDS

    I. CONDITIONS OF EMPLOYMENT

    a) Coverage
     General Rule: all employees are covered.
    o Exceptions: Art. 82 of the Labor Code

    b) Hours of Work

     Normal Hours of Work : not exceed 8 hours


     Normal Hours of Work – do not always mean continuous or
    uninterrupted, it may mean broken hours as long as the “8 hours
    work” is accomplished within one “work day”
     Even if the employee’s working hours is reduced to less that 8 hours,
    he is still entitled to a compensation equivalent to an employee’s
    full working day
     Compensable Hours Worked:
     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;
     All time during which an employee is suffered or permitted
    to work.
    c) Rest Periods

     Meal Periods - not less than 1 hour time-off for regular meals but
    should not be less than 20 minutes
     General Rule: not compensable
     Exception: if the employee is required to work while eating,
    he should be compensated
     Rest periods or Coffee breaks are compensable and should only run
    from 5-20 minutes
     Weekly rest periods – not less than 24 consecutive hours after
    every 6 consecutive normal work days

    d) Overtime Work
     Work rendered after or beyond the normal eight (8) hours of work
     Undertime not offset by overtime

    e) Night Differential Pay vs. Overtime Pay


     Night Differential Pay is equivalent to 10% of employee’s regular
    wage for each hour of work performed between 10:00 pm and 6:00
    am of the following day while Overtime Pay refers to the
    compensation given to the employee for the work rendered
    overtime.

     Who are not covered by the Night Differential Pay?


    o Government Employees;
    o Those of retail and service establishments regularly
    employing not more than 5 workers;
    o Kasambahay and persons in the personal service of another;
    o Managerial Employees;
    o Officers or members of a managerial staff;
    o Field personnel and those whose time and performance are
    unsupervised by the employer (including those who are
    engaged in task or contract basis, purely commission basis, or
    those paid in fixed amount)

    f) Premium Pay vs. Overtime Pay


     Premium Pay is the additional compensation required by law for
    work performed within 8 hours on non-working days (e.g. rest
    days, and regular or special holidays).
     On the other hand, Overtime Pay is the additional compensation
    for work rendered in excess of the regular 8 working hours.
     Overtime Pay is not subject to a waiver. It cannot be waived by
    mere agreement of the employer and employee.

    g) Holidays
     Regular vs. Special

    Regular Holidays Special Holidays


    1. If the employee does not report for work He is paid 100% of No additional
    during the holiday his regular daily compensation –
    wage Principle of “NO
    WORK, NO PAY”
    applies
    2. If employee renders work during the He is paid 200% of He is only paid an
    holiday his regular daily additional
    wage compensation of
    not less than 30%
    of the basic pay
    3. If employee reports for work during the Additional 30% Additional 30%
    holiday which also falls on his rest day
    4. If employee rendered overtime during a Additional 60% Additional 50%
    regular holiday that also falls on his rest day (30% as overtime
    and 30% as
    additional
    compensation for
    work rendered
    during rest day)

    h) 13th Month Pay – Under the law, all employers are required to pay all their
    rank-and-file employees, a 13th month pay not later than December 24 of
    every year

     TN: Only rank-and-file employees are entitled to the 13 th month


    pay.
     Managerial employees are NOT entitled to 13th month pay
    UNLESS granted under an employment contract or a company
    policy or practice.
    II. WAGES

    a) Payment of Wages
    b) Prohibition regarding wages
    c) Non-Diminution of Benefits
    III. LEAVES

    a) Service Incentive Leave


    b) Maternity Leave
     Old Law vs. RA No. 11210

    RA No. 11210
    “105-Day Expanded Maternity Leave Law”
    All covered female employees (PUBLIC and PRIVATE Sector) regardless of civil
    status, employment status and the legitimacy of her child;
     105 days paid leave for live birth, regardless of mode of delivery;
     60 days paid leave for miscarriage and emergency termination of pregnancy;
     Additional 15 days paid leave if female worker is a solo parent;

     OPTIONAL: another 30 days (without pay) in case of live birth

    c) Paternity Leave

    o Must be an employee at the time of the delivery of his child;


    o The pregnant woman must be his wife/legitimate spouse with
    whom he is cohabiting;
    o His wife must have given birth or suffered a miscarriage;
    o Applies only for the first four (4) deliveries;
    o Paid leave should not exceed 7 calendar days;
    o Not convertible to cash.

    d) Solo Parent Leave

    IV. SOCIAL WELFARE LEGISLATIONS

    a) SSS Law
    b) GSIS Law

    REFERENCE: Bar Reviewer on Labor Law, 2019 Fourth Revised Ed., by J.G. Chan

    Prepared by : ATTY. CYRIL ANN Q. IRIBERRI

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