vexrs

• Labor law


  A law that governs employment practices and labor relations, specifying the responsibilities and rights of the employer and employee
• Labor standards


  Minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, allowances and other monetary and welfare benefits, including those set by occupational safety and health standards
• Labor standards


  • Also known as employment law
  • Government legislation that governs the responsibilities of employers, the rights of the workers, and the obligations of trade unions
• The coverage of P.D. 442 (Labor Code of the Philippines)
• Shall apply to


  • Employees in all establishments and undertakings
• Shall not apply to

  • Government employees, governed by civil service law
  • Managerial employees
  • Field personnel, always at the principal place of business of the employer
  • Members of the family of employer who are dependent on him
  • Persons in the personal service of another
  • Workers who are paid by results
• Basic pay


  All remuneration or earnings paid by an employer to a worker for services rendered
• The minimum wage rate is the normal working hours, which shall not exceed eight (8) hours work a day
• Basic pay does not include cost of living allowances, premium payments, 13th month pay and other monetary benefits which are not part of the integrated basic salary
• Minimum wage rate in Metro Manila is 610 pesos, in Calabarzon/Provincial Rate is 420 pesos
• Overtime premium


  Additional compensation for work performed beyond 8 hours a day
• Overtime on a regular day is compensated with at least 25% of regular wage, on a holiday/rest day is compensated with at least 30% of regular wage
• Overtime cannot be offset
• Night shift differential


  Additional compensation of at least 10% of regular wage for each hour of work between 10pm-6am
• Holiday premium


  Additional compensation for work on regular holidays, except in retail and service establishments with less than 10 workers
• Types of holidays


  • Regular holiday
  • Special working holiday
  • Special non-working holiday
• Regular holiday - Double pay/Pay if not worked

  Special non-working holiday - No work, no pay. If worked, additional 30% of basic salary and 50% if on rest day

  Special working holiday - No work, no pay. If worked, no additional pay, treated as normal day
• 13th month pay


  Additional pay equivalent to 1/12 of the basic annual salary
• All regular employees who have worked for at least 1 month are entitled to 13th month pay, to be given by December 24
• Managerial employees are not entitled to 13th month pay
• Service incentive leave


  5 days paid leave per year for employees who have rendered at least 1 year of service
• Maternity leave


  105 days paid leave for female employees, plus 15 days if qualified as solo parent, with option to extend 30 days without pay. 60 days with pay for miscarriage
• Covered person must have paid at least 3 monthly maternity contributions in the 12 month period preceding childbirth
• Paternity leave


  7 days paid leave for the first 4 deliveries of the legitimate spouse
• Paternity leave can also be allocated by the female worker entitled to maternity leave to the child's father, whether or not they are married
• Parental leave for solo parent

  7 working days paid leave, plus benefits like scholarship, monthly allowance, discounts, and prioritization in work and housing
• Social Security Law


  An act to create a social security system providing sickness, unemployment, retirement, disability and death benefits for employees
• Policy


  To establish, develop, promote, and perfect a sound and viable tax-exempt social security service suitable to the needs of the people, and provide covered persons against the hazards of disability, sickness, old age, and health
• Beneficiaries


  Dependent spouse and children (primary), dependent parents, legitimate descendants and illegitimate children (secondary)
• Contingency


  Retirement, death, permanent disability, injury or sickness
• Monthly salary credit


  The compensation base for contributions and benefits
• Coverage in the SSS is compulsory for all employees not over 60 years old and their employers
• Private plans existing at the time of compulsory coverage shall be integrated with the SSS plan and not discontinued, reduced or impaired
• Covered by SSS include employers, employees not over 60, domestic workers, self-employed, OFWs, and voluntary coverage for spouses
• Dependents' pension


  10% of the monthly pension for each dependent child, up to 5 children
• Funeral benefits


  12,000 pesos paid in cash or in kind
• Retirement benefits


  Monthly pension for covered employees with at least 120 monthly contributions and aged 60 or 65, or lump sum benefit for those aged 60 without pension qualification
• Upon death of retired employee pensioner, primary beneficiaries get 80% of monthly pension and dependents get dependents' pension
• Monthly pension is reduced by 1/2 of earnings over 300 pesos for re-employed retirees under 65
• SSS assets, properties, contributions, income, and benefit payments are exempt from taxes and legal processes