GENERAL LABOR
STANDARDS
SOCIAL LEGISLATION LAW
UPDATES
Presented by:
NIEZEL ANEN T. SABRIDO
Department of Labor and Employment Region 6
VISION
Every Filipino worker attains full, decent and
productive employment.
MANDATE
To promote gainful employment opportunities, develop
human resources, protect workers and promote their
welfare, and maintain industrial peace.
(Section 2, Chapter 1, Title VII of Book IV of the Revised Administrative Code of 1987)
Full Respect Protection
for Labor Address and Security
Standards Unemployment of OFWs Social
and Rights at and Under- Protection
Work employment
Stronger and More Inclusive Social Dialogue
Just, Simplified and Expeditious Resolution of All
Labor Disputes
DOLE as an Efficient, Purposeful and Accountable
Institution
Responsive, Enabling and Equitable Policies
LABOR
STANDARDS
AND
STATUTORY
RIGHTS
TOPICS Worker’s Basic Rights
Payment of Wages
Other Monetary Benefits
Leave Benefits
Updates in Social Legislation
and DOLE Policies
Article XIII, Section 3 of the 1987
Constitution
The State shall afford full protection to labor, local and overseas, organized and
unorganized, and promote full employment and equal employment opportunities for all.
It shall guarantee the rights of all workers to self-organization and peaceful concerted
activities, including the right to strike in accordance with law. They shall be entitled to
security of tenure, humane conditions of work, and a living wage. They shall also
participate in policy and decision-making activities affecting their rights and benefits as
may be provided by law.
The State shall promote the principle of shared responsibility between workers and
employers and the preferential use of voluntary modes in settling disputes, including
conciliation, and shall enforce their mutual compliance therewith to foster industrial peace.
The State shall regulate the relations between workers and employers, recognizing the
right of labor to its just share of the fruits of production and the right of enterprises to
reasonable returns of investment, and to expansion and growth.
BASIC RIGHTS OF WORKERS GUARANTEED BY THE
CONSTITUTION
SEVEN BASIC RIGHTS OF WORKERS GUARANTEED BY THE CONSTITUTION
Right to organize
To conduct collective bargaining or negotiation with the
management
Engage in peaceful concerted activities, including the
right to strike in accordance with law
Enjoy security of tenure
To work under humane conditions
To receive a living wage
To participate in policy and decision-making process
affecting their rights and benefits as may be provided by
law.
!3
WORKER’S
BASIC
RIGHTS
That branch of labor law that
prescribes the minimum requirements
for hours of work, wages, monetary
benefits, welfare benefits, and
occupational health and safety.
LABOR
STANDARDS
OTHER MONETARY
LEAVE BENEFITS WAGE
BENEFITS
• Holiday Pay • Service Incentive Minimum
• Premium Pay Leave Wage
• Overtime Pay • Maternity Leave
• Night Shift • Paternity Leave
Differential • Parental Leave
• 13th Month Pay • VAWC Leave
• Service Charges • Special Leave
• Separation Pay Benefit for Women
• Retirement Pay LABOR
STANDARDS
What is the
current minimum
wage rate in
Region 6?
LABOR
STANDARDS
PAYMENT
OF WAGES
FORMS OF PAYMENT
Paid direct to the employee, except on
recognized exceptions.
Payment by check or thru ATM - allowed based
on the following conditions:
• with the written consent of employees.
• bank or ATM facility is within 1 km from the
workplace.
• Employees are given reasonable time during
banking hours to withdraw wages from bank
facility.
Time of Payment
Wages shall be paid at least once every two
(2) weeks or twice a month at intervals not
exceeding sixteen (16) days.
Place of Payment
Paid at the workplace, in cash, check or thru
ATM
HOURS OF
WORK
• 8 hours a day
• All time during which an employee
is required to be on duty or to be
at a prescribed workplace.
• All time during which an
employee is permitted to work.
Hours of
Work
• 60-minutes time off for
regular meals
•5 - 20 minutes for rest
periods or coffee breaks.
Meal and
Rest Periods
• 24 hours after 6 work
days
• The employer:
• Determines and schedules
the weekly rest day.
•S h a l l r e s p e c t t h e
preference of employees
when such is based on
religious grounds. Weekly
Rest Periods
Premium Pay: Additional compensation for
work performed within 8 hours on a Special Day
If unworked: No pay, unless there is favorable
company policy, practice or CBA.
If worked: Plus 30%
Premium
Pay
Holiday Pay: refers to the payment of the
regular daily wage for any unworked regular
holiday.
Work performed on that day merits at least
twice (200%) the daily wage of the
employee.
Holiday
Pay
Additional compensation for work performed
beyond 8 hours
• 25% - Ordinary work days
• 30% - Rest days, Special Days and Regular
Holidays
Overtime
Pay
Night shift differential is equivalent to
10% of employee’s regular wage for
each hour of work performed between
10PM and 6AM of the following day.
Night Shift
Differential
work performed between 10PM and 6AM of the following day.
Night Shift is Regular Work Night Shift in Overtime Overtime Work in the Night
Work Shift
Ordinary Day: Plus 10% of Ordinary Day: Plus 10% of Ordinary Day: Plus 10% of
the basic hourly rate or a the overtime hourly rate or a the 125% of basic hourly
total of 110% of the basic total of 110% of the overtime rate.
hourly rate. hourly rate.
Rest Day, Special or Rest Day, Special or Rest Day, Special or
Regular Holiday: Plus 10% Regular Holiday: Plus 10% Regular Holiday: Plus 10%
of the hourly rate of the overtime rate on a rest of 130% of regular hourly
day, special or regular rate on said days.
holiday.
SERVICE
INCENTIVE
LEAVE
•Every employee who has
rendered at least 1 year of service
shall be entitled to a yearly service
incentive leave of 5 days with pay.
•Commutable to cash at the end
of the year.
Service
Incentive Leave
•The basis for the computation of the
SIL is the salary rate at the date of
commutation.
•Grant of vacation leave or sick leave
may be considered as substitute for
service incentive leave.
Service
Incentive Leave
Coverage
• Married male employees
Benefit
• 7 days leave with pay for the 1st four deliveries
of his lawful wife
Paternity
Leave
Conditions for entitlement
• Employee at the time of delivery of his child
• Cohabiting with spouse at the time of
delivery or miscarriage.
• Applied for paternity leave within reasonable
period
• Wife has given birth or suffered a
miscarriage
Paternity
Leave
Usage of the benefit
Usage of the leave shall 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 7
days for each covered delivery.
[Sec. 5, IRR, RA 8187]
Paternity
Leave
Non-conversion to cash
In the event that the paternity leave is not
availed of, it shall not be convertible to
cash and shall not be cumulative.
[Sec. 7, IRR, RA 8187]
Paternity
Leave
Coverage
• Woman employee who undergoes surgery caused
by gynecological disorders as certified by a
competent physician
• Rendered continuous aggregate employment
service of at least 6 months for the last 12 months.
Special Leave
for Women
Benefit
• Max of 2 months leave with full pay based on
gross compensation
• Equivalent to 60 calendar days
• Gross monthly compensation = monthly basic pay
+ mandatory allowances fixed by the regional
wage boards
Special Leave
for Women
OTHER
STATUTORY
BENEFITS
13TH
MONTH Coverage
PAY • Rank-and-file employees who worked
for at least 1 month during a calendar
year, regardless of :
o amount of basic salary received per
month
o designation or employment status
o method by which wages are paid
13TH
MONTH
PAY
Minimum amount of 13th month pay:
• Not less than 1/12 of the total basic
salary earned by an employee within a
calendar year.
13TH
MONTH
PAY Resigned, separated, or
terminated employees are
also entitled to 13th month
pay.
SEPARATION
PAY
BENEFIT
One-Half (1/2) Month Pay Per Year of Service for
separation due to:
•Retrenchment to prevent losses
•Closure or cessation of operation of an establishment
not due to serious losses or financial reverses
•Disease of an employee not curable w/in 6 months
and his continued employment is prejudicial to his
health or to the health of co-employees
SEPARATION
PAY
BENEFIT
One (1) Month Pay Per Year of Service for
separation due to:
• Installation of labor-saving devices
• Redundancy
• When an employee is illegally dismissed but
reinstatement is no longer feasible
SEPARATION
PAY
When an employee resigns
voluntarily, is he or she entitled to
separation pay?
SEPARATION
PAY
NO. An employee is not entitled to
separation pay when he or she resigns
voluntarily, unless it is a company
practice or provided in the CBA.
UPDATES IN
SO CIAL
LEGISLATION
AND DOLE
POLICIES
EXPANDED
MATERNITY
LEAVE
Maternity Leave
Maternity Leave
Maternity Leave
SERVICE
CHARGE
SERVICE
CHARGE
Covered Employees
All employees, except managerial
employees, regardless of their positions,
designations or employment status, and
irrespective of the method by which their
wages are paid.
SERVICE
CHARGE
Distribution of Service Charges
Shall be distributed completely and
equally, based on actual hours or days of
work or service rendered.
SERVICE
CHARGE
Frequency of Distribution
Shall be distributed and paid not less than
once every two (2) weeks or twice a month
at intervals not exceeding sixteen (16)
days.
UNEMPLOYMENT
BENEFITS
UNEMPLOYMENT
BENEFITS
A cash benefit granted to covered
employees, including Kasambahays,
and Overseas Filipino Workers
(OFWs) who are involuntarily
separated from employment.
UNEMPLOYMENT Amount of Benefit
BENEFITS
Unemployment Benefit = AMSC* x 50% x 2 months
* Average Monthly Salary Credit
Sample Computation:
If AMSC = P 16,000
Unemployment benefit is equal to:
P 16,000 x 50% x 2 = P 16,000.00
Eligibility
1. Member not over 60 years old
• For underground or surface mineworker, not over 50 years old; or
• For racehorse jockey, not over 55 years old.
2. With at least 36 monthly contributions, 12 months of which should
be in the 18-month period before the month of involuntary separation;
3. With no settled unemployment benefit within the last three (3) years
prior to the date of involuntary separation;
4. Has been involuntarily separated from employment.
* With DOLE/POLO Certification – establishing the date and
involuntary nature of separation
LABOR
ADVISORY
NO. 1, SERIES
OF 2020
LABOR
ADVISORY
NO. 6, SERIES
OF 2020
PAYMENT AND/OR RELEASE
OF FINAL PAY
The Final Pay shall be released within
thirty (30) days from the date of separation
or termination of employment, unless there
is a more favorable company policy,
individual or collective agreement thereto.
LABOR
ADVISORY
NO. 4, SERIES
OF 2020
DEPARTMENT
ORDER NO.
208, SERIES
OF 2020
MENTAL
HEALTH
POLICY
It is mandatory for all workplaces
and establishments to formulate
a Mental Health Workplace
Policy and Program.
Thank
You.
