Saturday, September 17, 2016

Mga Tanong at Sagot Tungkol sa Sweldo at Benepisyo ng mga Manggagawa

WAGE AND WAGE RELATED BENEFITS

1. HOW MUCH IS THE MINIMUM WAGE IN METRO MANILA?

P491.00 (Basic Wage P481.00 + COLA P10.00) is the current minimum wage in the National Capital Region (NCR) including Metro Manila under Wage Order NCR-20 which took effect on June 02, 2016. For the summary of current regional daily minimum wage rates, log on at http://nwpc.dole.gov.ph/.

2. WHAT IS THE BASIS FOR ENTITLEMENT TO COLA?

A worker who is paid the basic pay, whether he worked or not, is entitled to the COLA. Other Labor Laws
3. WHAT IS THE NORMAL HOURS OF WORK IN A DAY?

The normal hours of work in a day is 8.

4. IS THERE A WEEKLY REST DAY FOR AN EMPLOYEE?

There is a rest day of not less than 24 consecutive hours or 1 day for every 6 days of work which should be scheduled by the employer upon consultation with the employees.

5. HOW LONG IS THE MEAL PERIOD IN A DAY?
Meal period is not less than 60 minutes or 1 hour time-off for regular meals of employees which is non-compensable. Rest periods or coffee breaks running from 5 to 20 minutes shall be considered compensable working time.

6. WHAT IS HOLIDAY PAY?

Holiday pay refers to payment of the regular daily wage for any unworked regular holiday.For the list of regular holidays, log in at dole.gov.ph/pages/view/9

7. WHAT IS THE CONDITION SO THAT AN EMPLOYEE WILL BE ENTITLED TO HOLIDAY PAY?
Other Labor Laws
He/She should be present on the workday immediately preceding the regular holiday; or

He/She should be on leave of absence with pay on the day immediately preceding the regular holiday.

8. HOW CAN AN EMPLOYEE BE ENTITLED TO THE TWO (2) SUCCESSIVE REGULAR HOLIDAYS?

An employee can be entitled to two (2) successive regular holidays, like Holy Thursday and Good Friday if he/she works or is on leave of absence with pay on the day immediately preceding the first holiday.

9. HOW MUCH IS THE HOLIDAY PAY OF AN EMPLOYEE?

For any unworked regular holiday, 100% of the employee’s daily wage rate (Basic pay + COLA).

For work performed on a regular holiday, plus 100% or a total of 200% of the employee’s daily wage rate (Basic pay + COLA).

10. WHAT IS PREMIUM PAY?


Premium pay refers to the additional payment for work within 8 hours on rest days or special days. For list of special days, log in at dole.gov.ph/pages/view/9

11. HOW MUCH IS THE PREMIUM PAY OF AN EMPLOYEE?

Plus 30% of the daily basic rate or a total of 130% for work performed on rest day or special day.

Plus 50% of the daily basic rate or a total of 150% for work performed on special day falling on the employee’s rest day.

Plus 30% of the daily basic rate or a total of 260% for work performed on a regular holiday falling on the employee’s rest day.
Other Labor Laws
12. WHAT IS OVERTIME PAY?

Overtime pay refers to the additional pay for work performed in excess of 8 hours a day.

13. HOW MUCH IS THE OT PAY OF AN EMPLOYEE?


Plus 25% of the hourly rate for work performed in excess of 8 hours on ordinary day.

Plus 30% of the hourly rate for work performed in excess of 8 hours on rest day, special day or regular holiday.

14. WHAT IS NIGHT SHIFT DIFFERENTIAL?

Night shift differential refers to the additional compensation for work performed from 10:00 O’clock in the evening to 6:00 O’clock in the morning.

15. HOW MUCH IS THE NIGHT DIFFERENTIAL OF AN EMPLOYEE?


Plus 10% of the hourly rate for work between 10:00 O’clock in the evening and 6:00 O’clock in the morning.
Other Labor Laws
16. WHAT ARE THE LEAVE BENEFITS THAT AN EMPLOYEE IS ENTITLED TO UNDER EXISTING LAWS?

a. 5 days service incentive leave with pay for employee who has rendered at least 1 year of service. (Article 95 of the Labor Code, as amended)

b. Maternity Leave with pay of 60 days for normal delivery and 78 days for caesarian section delivery for every pregnant employee in the private sector, whether married or unmarried. A female employee should be an SSS member and must have paid at least 3 monthly contributions within the 12-month period. (RA 1161, as amended by RA 8282)

c. 7 days Paternity Leave with pay for all married male employees in the private sector regardless of status of employment, to allow the husband to lend support to his wife during her period of recovery and/or in nursing her newborn child, provided he is: (RA 8187)

1. An employee at the time of the delivery of his child;

2. Cohabiting with his spouse at the time that she gives birth or suffers a miscarriage;

3. Applied for paternity leave with his employer within a reasonable period of time; and

4. His wife has given birth or suffered a miscarriage.

d. 7 days Solo Parent Leave with pay is granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required provided he/she has: (RA 8972)

1. Rendered at least 1 year of service, whether continuous or broken which includes authorized absences and paid regular holidays;

2. Notified his/her employer that he/she will avail himself/herself of it, within a reasonable period of time; and

3. Presented Solo Parent Identification Card, which may be obtained from the DSWD office of the city or municipality where he/she resides.

e. 10 days Leave with pay for Victims of Violence Against Women and their Children (VAWC) is granted to women employees who are victims of physical, sexual, psychological harm or suffering, or economic abuse. The leave benefit shall cover the days that the woman employee has to attend to medical and legal concerns, provided that: (RA 9262)

The victim woman employee presents to her employer a certification from the barangay chairman (Punong Barangay) or barangay kagawad or prosecutor or the Clerk of Court that an action relative to the matter is pending.

f. Special Leave for Women of maximum 2 months with full pay who have rendered continuous aggregate employment service of 6 months for the last 12 months, following surgery caused by gynecological disorders. (RA 9710)
Other Labor Laws
17. WHEN CAN A WOMAN EMPLOYEE AVAIL OF SPECIAL LEAVE BENEFITS?

A woman employee regardless of age and civil status, can avail of special leave benefits after she has undergone surgery due to gynecological disorder without prejudice to an employer allowing her to receive her pay before or during the surgery.

18. WHAT ARE SERVICE CHARGES?


Service charges refer to the amount collected by hotels, restaurants and similar establishments.

19. WHO ARE ENTITLED TO SERVICE CHARGES?


85% of the total of service charges shall be given to all rank-and-file employees and 15% may be retained by management to answer for losses and breakages and for distribution to managerial employees.

20. WHAT IS THE FREQUENCY OF DISTRIBUTION OF SERVICE CHARGES?


It shall be distributed once every 2 weeks or twice a month at intervals not exceeding 16 days.

21. WHO ARE ENTITLED TO 13TH MONTH PAY?

All rank and file employees are entitled to receive 13th month pay regardless of the nature of their employment and irrespective of the methods by which their wages are paid, provided they worked for at least one (1) month during a calendar year.

22. HOW MUCH IS THE REQUIRED 13TH MONTH PAY?

The amount of 13th month pay shall at least be 1/12 of the total basic salary earned for the year which shall n include all earnings paid by his/her employer for services rendered but does not include allowances and other monetary benefits such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night shift differential, holiday pay and COLA.

23. WHEN SHOULD THE 13TH MONTH PAY BE GIVEN?

It should be given to the employees not later than December 24 of every year.

24. WHAT IS RETIREMENT PAY?

It is the amount given an employee who has reached the age of 60 years for optional retirement and 65 years old for compulsory and who has served the company for at least 5 years in the service.

25. HOW IS THE RETIREMENT BENEFITS COMPUTED?

Minimum retirement pay = 22.5 days x daily rate x number of years of service
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