MODULE 3 Flashcards
TERMS AND CONDITIONS OF EMPLOYMENT (23 cards)
TERMS AND CONDITIONS OF EMPLOYMENT
-Meal Period
-Private Retirement Benefit
-Maternity Leave
-Paternity Leave
-Parental Leave
-Leave Due to Domestic Violence
-Leave due to Gynecological Disorder
-13th Month Pay
Minimum Wage
Under the Philippines’ minimum wage law, minimum wage rate varies from one region of the country to another and it set by the relevant REGIONAL TRIPARTITE WAGES and PRODUCTIVITY BOARD (RTW and PB) also in kasambahay law
Work Hours and Overtime
Normal hours of work SHOULD NOT EXCEED EIGHT Hours a day. But a valid compressed workweek arrangement, an employee who renders work in excess of eight hours a day is entitled to OVERTIME PAY equivalent to the applicable wage rate plus atleast 25 percent thereof.
THE OVERTIME RATE
will vary of the overtime work is rendered on a rest day, regular holiday or special day or during the period between 10 pm and 6 am of the following day.
Employees going for overtime pay depends on the
nature of their duties and responsibilities
Employees MAY NOT REQUIRE employees to perform overtime work EXCEPT in certain cases and provided appropriate compensation is paid.
In practice, they ask employees to sign employment contracts where the employees agree to perform overtime work.
If the employees’ duties and responsibilities DO NOT QUALIFY them as exempt employees,
they are ENTITLED to OVERTIME PAY
Classes of Employees who are NOT ENTITLES to OVERTIME PAY (EXEMPT EMPLOYEES)
- government employees
- managerial employees and officers or members of the managerial staff
- field personnel
- members of the family of the employer who are dependent on him for support
- domestic helpers and persons in the personal service of another
- employees who are paid by results, as determined by the Secretary of the Philippine Department of Labor and Employment in appropriate regulations.
Should these employees’ duties and responsibilities QUALIFY them as exempt employees,
they are NOT ENTITLED TO OVERTIME PAY
COMPRESSED WORKWEEK is NOT MANDATED but we have existing guidelines on this, its effectivity and implementation SHOULD BE VOLUNTARY
WHY? The work scheme is voluntary because this part of management prerogative.
Both parties have the autonomy to reach an agreement if it does not violate our labor laws.
Also, the benefits of the employees should not be reduced due to the implementation of such work arrangement
Department Advisory No. 4 Series of 2010 defines the compressed workweek as a flexible work arrangement where the normal workweek is reduced to less than six days, but the total number of hours per week shall remain. The normal work day is increased to more than eight hours, but not to exceed 12 hours without corresponding overtime premium.
The concept can be adjusted accordingly depending on the normal workweek of the company, the advisory further states.
There are a lot of considerations in adopting flexible work arrangements, but the scheme AIMS to improve business competitiveness and productivity.
The scheme also aims to give both employers and employees the flexibility in work hours which is compatible with business requirements and the employees’ need for balanced work-life.
Number of days per week
Employers may require its employees to work six days per week
Rest Days
Employees, EXCEPT ‘EXEMPT EMPLOYEES’ are entitled to a rest period without pay of not less than 24 consecutive hours for every six consecutive normal working days. For work done rest day, the employer should pay compensation equivalent to the applicable wage rate plus at least 30 percent thereof
Employers may not require employees to work during their scheduled rest day except in certain cases and provided appropriate compensation is paid.
In practice, they ask employees to sign employment contracts where the employees agree to perform work outside their normal work schedule
Night Shift Differential
Pertains to the additional compensation of at least 10 percent of an employee’s applicable wage rate, payable to employees (except exempt employees) who perform work between 10 pm and 6am of the following day
Night Shift Differential
1-5 employee cannot be
6-10 can be
Regular Holidays
- New Year’s Day (January 1)
- Maundy Thursday (movable date)
- Good Friday (movable date)
- Eidul Fitr (movable date)
- Eidul Adha (movable date)
- Araw ng Kagitingan (Monday nearest 9 April)
- Labor Day (Monday nearest 1 May)
- Independence Day (Monday nearest 12 June)
- National Heroes Day (Last Monday of August)
- Bonifacio Day (Monday nearest 30 November)
- Christmas Day (25 December)
- Rizal Day (Monday nearest 30 December)
