CHRA REVIEWER

• RTWPBs

  Regional Tripartite Wages and Productivity Boards
• Regional Wage Orders


  Prescribes minimum wage rate per industry per locality within the region and depending on the number of workers and capitalization of enterprises
• Wage Orders


  Wage increase prescribed under Wage Order applies to all private sector workers and those receiving the daily minimum wage rates
• Daily Minimum Wage


  • NCR = 500 - 537 pesos
  • Region IV A = 317 - 400 pesos (non-Agriculture)
• Basis of minimum wage rates

  Normal working hours of 8 hours a day
• Batas Kasambahay


  • Rights and benefits for minimum wage
  • Mandatory benefits
  • Service incentive leave
  • 13th month pay
  • Coverage under SSS, Pag-IBIG, PhilHealth
  • Access to Education
• BMBEs


  Barangay Micro Business Enterprises with total asset of 3 million pesos shall be exempt from the coverage of the Minimum Wage Law, provided that all employees are still entitled to the same benefits given to the regular employees (SSS and Healthcare benefits)
• Negosyo Center in the City/Municipality


  Shall have the sole power to issue the Certificate of Authority for BMBEs
• Minimum Wage for Workers Paid by Results


  Shall not be less than the prescribed minimum wage rates for normal working which shall not exceed 8 hours a day
• Minimum Wage of Apprentices and Learners

  Shall not be less than 75% of the applicable minimum wage rates
• Persons with Disabilities


  Shall be subject to the same terms and conditions, benefits, and compensation as a qualified able-bodied person
• Income Tax of Minimum Wage Earners

  Below 250,000 pesos annual gross compensation shall be exempted from paying income taxes
• Holiday Pay


  Payment of the regular daily wage for any unworked regular holiday
• Who are not covered for Holiday Pay

  • Government Employees
  • Retail and service establishments regularly employing less than 10 workers
  • Kasambahay and in Personal service of another
  • Managerial employees
  • Officers or members of a managerial staff
  • Field personnel and other employees whose time and performance are unsupervised by the employer, including those who are engaged on
• Regular Holidays


  Worked performed on holiday will receive 200% the daily wage of the employee (only 100% which is the initial minimum wage if not work on holidays)
• If Two Holidays falls on the same day

  A covered employee is entitled to at least 200% of daily wage even if unworked. Where the employee is required to work on that day, it is entitled to an additional 100% of the daily wage.
• Successive Regular Holidays

  If there are 2 successive regular holidays, an employee may not be paid for both holidays if he/she absent from work on the day immediately preceding the first holiday. If works on the first holiday, in which case he/she is entitled to holiday pay on the second holiday.
• Night Shift Differential


  Additional compensation of 10% of regular wage when work between 10pm to 6am
• Computation of Night Shift Differential

  • Ordinary day 100% or 1
  • Sunday or rest day 130% or 1.3
  • Special day 130% or 1.3
  • Special day falling on rest day 150% or 1.5
  • Regular Holiday 200% or 2
  • Regular Holiday falling on rest day 260% or 2.6
  • Double holiday 300% or 3
  • Double holiday falling on rest day 390% or 3.9
  • Ordinary day, night shift 1 x 1.1 = 1.1 or 110%
  • Rest day, night shift 1.3 x 1.1 = 1.43 or 143%
  • Special day, night shift 1.3 x 1.1 = 1.43 or 143%
  • Special day, rest day, night shift 1.5 x 1.1 = 1.65 or 165%
  • Regular Holiday, night shift 2 x 1.1 = 2.2 or 220%
  • Regular Holiday, rest day, night shift 2.6 x 1.1 = 2.86 or 286%
  • Double holiday, night shift 3 x 1.1 = 3.3 or 330%
  • Double holiday, rest day, night shift 3.9 x 1.1 = 4.29 or 429%
• Computation of Overtime

  • Ordinary day, overtime (OT) 1 x 1.25 = 1.25 or 125%
  • Rest day, overtime 1.3 x 1.3 = 1.69 or 169%
  • Special day, overtime 1.3 x 1.3 = 1.69 or 169%
  • Special day, rest day, overtime 1.5 x 1.3 = 1.95 or 195%
  • Regular Holiday, overtime 2 x 1.3 = 2.6 or 260%
  • Regular Holiday, rest day, overtime 2.6 x 1.3 = 3.38 or 338%
  • Double holiday, overtime 3 x 1.3 = 3.9 or 390%
  • Double holiday, rest day, overtime 3.9 x 1.3= 5.07 or 507%
  • Ordinary day, night shift, overtime 1 x 1.1 x 1.25 = 1.375 or 137.5%
  • Rest day, night shift, overtime 1.3 x 1.1 x 1.3 = 1.859 or 185.9%
• Service Charges


  All establishments collecting service charges such as hotels, restaurants, and other similar establishments, including those entities operating primarily as private subsidiaries of the Government. The services charges collected shall be distributed and paid to the covered employees once every 2 weeks or twice a month at intervals not exceeding 16 days.
• Service Incentive Leave


  An employee who has rendered at least 1 year of service is entitled to Service Incentive Leave for 5 days with pay. Service Incentive Leave may be used for sick and vacation leave purposes. The unused service incentive leave is commutable to its money equivalent at the end of the year.
• Maternity Leave


  The maternity benefit shall be for 105 days with full pay, and additional 15 days with full pay in case the female employee is qualified as a solo parent. In case of miscarriage or emergency termination of pregnancy, the maternity leave shall be for 60 days with full pay. In case of live childbirth, an additional maternity leave of 30 days without pay can be availed.
• Paternity Leave


  Granted to all married male employees in the private sector. It shall be applied for the first 4 deliveries of the employee's lawful wife. The purpose of this benefit is to lend support to his wife during her period of recovery. The paternity leave shall be 7 calendar days, with full pay. The usage of the leave shall be after the delivery. If the Paternity leave is not availed of, it shall not be convertible to cash.
• Parental Leave for Solo Parents


  It is granted to any solo parent or individual who is left alone with the responsibility of parenthood due to various reasons. The parental leave shall be 7 work days every year. It is non-convertible to cash when it is not availed. It will terminate its benefits when the parent claims that he/she is no longer left alone with the responsibility of parenthood.
• Leave for Violence Against Women and Children

  Private sector women employees who are victims as defined in RA 9262 shall be entitled to a 10 day leave with full pay to attend to medical and legal concerns.
• Special Leave for Women

  Any female employee is qualifying for a 2 month leave with full pay for those who will undergo surgery relating to Gynecological Disorders.
• 13th Month Pay


  The 13th month pay shall not be less than 1/12 of the total basic salary earned during the year.
• Private sector women employees who are victims as defined in RA 9262


  Entitled to paid leave benefit under such terms and conditions
• Paid leave benefit


  1. Covers the days the woman employee has to attend to medical and legal concerns

  2. Only requirement is to present to employer a certification from the barangay chairman, barangay councilor, prosecutor, or Clerk of the Court
• Victim-employee


  Entitled to 10 day leave with full pay
• 13th Month Pay


  Not less than 1/12 of the total basic salary earned. Total basic salary earned during the year/12 months = proportionate 13th month pay. Paid not later than December 24th. Employees paid on piecework basis are entitled. Employees paid with a fixed or guaranteed wage plus commission are entitled. If employee worked only for around 6 months or less than 12 months, they are still entitled and it is equal to 1/12 of the basic salary earned during that period up to the termination or resignation
• Separation Pay


  Employee is entitled to receive a separation pay equivalent to half month pay for every year of service, a fraction of 6 months being considered as 1 year<|>If separation is due to authorized causes: retrenchment, closure/cessation of operation, disease not curable within 6 months, lack of service assignment for security guards<|>Notice of Termination: 1 month before the intended date of termination<|>If reason is just cause, employee will not be entitled
• Retirement Pay


  Employees shall be retired upon reaching 60 years old, 65 years old is compulsory<|>Qualified when they have served the establishment for at least 5 years<|>Minimum retirement pay is equivalent to 1/2 month salary for every year of service<|>For Underground Mining Employees: 60 years old compulsory, 50 years old retirement age and served at least 5 years<|>For Racehorse Jockeys: 55 years old compulsory who are duly licensed by PHILRACOM<|>Kasambahay and persons in personal service are entitled
• Benefits Under the Employees' Compensation Program

  • Loss of income benefit
  • Medical benefits
  • Rehabilitation Services
  • Carer's allowance
  • Death and Funeral benefits
• Kinds of Disability


  Temporary Total Disability<|>Permanent Partial Disability<|>Permanent Total Disability
• Employees can claim only for work-connected sickness, injuries, or death
• Claim filing

  Within 3 years from: in case of sickness - from the time the employee lost earning capacity, in case of injury - from the time it was sustained, in case of death - from the time of death of the covered member
• Obligations/responsibilities of Employers


  • Contribution to the State Insurance Fund
  • Registration with GSIS/SSS
  • Compliance with health and safety laws
  • Employer's Logbook
  • Provision for Medical Services
• PhilHealth

  120 monthly premium contribution and retirement age = Lifetime member