State Policies with respect to Labor Law:1987 ConstitutionArt. II, Sec. 5The maintenance of peace and order, the protection of life, liberty, and property, and promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.Art. II, Sec. 9The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.Art. II, Sec. 10The State shall promote social justice in all phases of national development.Art. II, Sec. 11The State values the dignity of every human person and guarantees full respect for human rights.Art. II, Sec. 13The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs.Art. II, Sec. 14The State recognizes the role of women in nation-building, and shall ensure the fundamental equality before the law of women and men.Art. II, Sec. 18The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.Art. II, Sec. 20The State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments.Art. III, Sec. 1No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.Art. III, Sec. 4No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.Art. III, Sec. 8The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.Art. III, Sec. 18(2)No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.Art. XIII, Sec. 1The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.To this end, the State shall regulate the acquisition, ownership, use, and disposition of property and its increments.Art. XIII, Sec. 2The promotion of social justice shall include the commitment to create economic opportunities based on freedom of initiative and self-reliance.Art. XIII, Sec. 3 (Provision on Labor)The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, 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 processes 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 in the fruits of production and the right of enterprises to reasonable returns to investments, and to expansion and growth.Art. XIII, Sec. 14The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation.

BASIC RIGHTS OF WORKERS

1. Right to Security of TenureINNODATA PHILIPPINES INC. V. QUEJADA-LOPEZFACTS Respondents filed a case for illegal dismissal after they were terminated by Innodata after one year of employment; Innodata contended that the respondents employment contract was only for a fixed period of one year.HELD Fix-term employment contracts by Innodata were invalid, as it was utilized to avoid regularization of workers while circumventing the employees right to security of tenure.

2. Right to Humane Conditions of WorkISAE vs. HON QUISUMBINGFACTS ISAE pays its foreign-hires, a higher salary than its local-hires.

HELD Discrimination exists in this case, contrary to the Constitutional provision entitling labor to humane conditions of work which here, refers to the manner by which employers treat their employees. Where the relations between capital and labor are often skewed in favor of capital, inequality and discrimination by the employer are all the more reprehensible.

STATE POLICIES in other laws

Civil Code, Arts. 19-21Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.Art. 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.Art. 21. Any person who wilfully causes loss or injury to another in a manner that is contrary to morals, good customs or public policy shall compensate the latter for the damageCivil Code, Arts. 1700-1701Art. 1700. The relations between capital and labor are not merely contractual. They are so impressed with public interest that labor contracts must yield to the common good. Therefore, such contracts are subject to the special laws on labor unions, collective bargaining, strikes and lockouts, closed shop, wages, working conditions, hours of labor and similar subjects.Art. 1701. Neither capital nor labor shall act oppressively against the other, or impair the interest or convenience of the public.

LABOR STANDARDS LAW

LABOR CODE, ART. 3: The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure, and just and humane conditions of work.

HOURS OF WORKLabor Code Art. 83NORMAL HOURS OF WORK- The normal hours of work of any employee shall not exceed 8 hours a day.Health personnel in cities and municipalities with a population of at least 1M or in hospitals and clinics with a bed capacity of at least 100 shall hold regular office hours for 8 hours a day, for 5 days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for 6 days or 48 hours, in which case they shall be entitled to an additional compensation of at least 30% of their regular wage for work on the 6th day. For purposes of this Article, health personnel shall include resident physicians, nurses, nutritionists, dieticians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

Labor Code Art. 84 (a)HOURS WORKED- Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace.Omnibus Rules, Book III, Rule I, Sec. 3 (a)Hours worked- the following shall be considered as compensable hours worked:(a)All time during which an employee is required to be on duty or to be at the employers premises or to be at a prescribed workplaceOmnibus Rules, Book III, Rule I, Sec. 4 (a)Principles in Determining Hours Worked- The following general principles shall govern in determining whether the time spent by an employee is considered hours worked for purposes of this Rule:(a)All hours are hours worked which the employee is required to give to his employer, regardless of whether or not such hours are spent in productive labor or involve physical or mental exertion

Labor Code Art. 84 (b)HOURS WORKED- Hours worked shall include x xx (b) all time during which an employee is suffered or permitted to work.Rest periods of short duration during working hours shall be counted as hours worked.Omnibus Rules, Book III, Rule I, Sec. 3 (b)Hours worked.- The following shall be considered as compensable hours worked:XXX(b) All time during which an employee is suffered or permitted to work.

BREAKi. Short duration or coffee breakOmnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 7 par. 1Every employer shall give his employees, regardless of sex, not less than one (1) hour time-off for regular meals, except in the following cases when a meal period of not less than twenty (20) minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee

ii. more than 20 minutes

Omnibus Rules Impl. Labor Code, Book III, rule I, Sec. 4(b)Principles in determining hours worked. The following general principles shall govern in determining whether the time spent by an employee is considered hours worked for purposes of this Rule:(b) An employee need not leave the premises of the work place in order that his rest period shall not be counted, it being enough that he stops working, may rest completely and may leave his work place, to go elsewhere, whether within or outside the premises of his work place.

MEAL PERIODi. Regular Meal Period (1 hour)ARTICLE 85. Meal periods. Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals.

Omnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 7 par. 1Every employer shall give his employees, regardless of sex, not less than one (1) hour time-off for regular meals, except in the following cases when a meal period of not less than twenty (20) minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee

ii. Shorter Meal Period (Less than one hour but not less than 20 minutes)Omnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 7 SECTION 7.Meal and Rest Periods. Every employer shall give his employees, regardless of sex, not less than one (1) hour time-off for regular meals, except in the following cases when a meal period of not less than twenty (20) minutes may be given by the employer provided that such shorter meal period is credited as compensable hours worked of the employee:(a) Where the work is non-manual work in nature or does not involve strenuous physical exertion;(b) Where the establishment regularly operates not less than sixteen (16) hours a day;(c) In case of actual or impending emergencies or there is urgent work to be performed on machineries, equipment or installations to avoid serious loss which the employer would otherwise suffer; and(d) Where the work is necessary to prevent serious loss of perishable goods.Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working time.

WAITING TIME

Omnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 5(a)SECTION 5.Waiting time. (a) Waiting time spent by an employee shall be considered as working time if waiting is an integral part of his work or the employee is required or engaged by the employer to wait.

WORKING WHILE ON CALLOmnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 5(b)(b) An employee who is required to remain on call in the employer's premises or so close thereto that he cannot use the time effectively and gainfully for his own purpose shall be considered as working while on call. An employee who is not required to leave word at his home or with company officials where he may be reached is not working while on call.

INACTIVE DUE TO WORK INTERRUPTIONSSECTION 4. Principles in determining hours worked. The following general principles shall govern in determining whether the time spent by an employee is considered hours worked for purposes of this Rule:(d) The time during which an employee is inactive by reason of interruptions in his work beyond his control shall be considered working time either if the imminence of the resumption of work requires the employee's presence at the place of work or if the interval is too brief to be utilized effectively and gainfully in the employee's own interest.

NECESSARY WORK AFTER NORMAL HOURS

Omnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 4(c)SECTION 4. Principles in determining hours worked. The following general principles shall govern in determining whether the time spent by an employee is considered hours worked for purposes of this Rule:(c) If the work performed was necessary, or it benefited the employer, or the employee could not abandon his work at the end of his normal working hours because he had no replacement, all time spent for such work shall be considered as hours worked, if the work was with the knowledge of his employer or immediate supervisor.

LECTURES, MEETINGS, TRAININGSOmnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 6SECTION 6.Lectures, meetings, training programs. Attendance at lectures, meetings, training programs, and other similar activities shall not be counted as working time if all of the following conditions are met:(a) Attendance is outside of the employee's regular working hours;(b) Attendance is in fact voluntary; and(c) The employee does not perform any productive work during such attendance.

OVERTIME WORK/PAYLabor Code Arts. 87-90ARTICLE 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.ARTICLE 88. Undertime not offset by overtime. Undertime work on any particular day shall not be offset by overtime work on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter.ARTICLE 89. Emergency overtime work. Any employee may be required by the employer to perform overtime work in any of the following cases:(a) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;(b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;(c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;(d) When the work is necessary to prevent loss or damage to perishable goods; and(e) Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.ARTICLE 90. Computation of additional compensation. For purposes of computing overtime and other additional remuneration as required by this Chapter, the regular wage of an employee shall include the cash wage only, without deduction on account of facilities provided by the employer.

a. Overtime in Ordinary Working Day

Labor Code Art. 87ARTICLE 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.Omnibus Rules Impl. Labor Code, Book III, Rule I, Sec. 8SECTION 8. Overtime pay. Any employee covered by this Rule who is permitted or required to work beyond eight (8) hours on ordinary working days shall be paid an additional compensation for the overtime work in the amount equivalent to his regular wage plus at least twenty-five percent (25%) thereof.b. Emergency or compulsory overtime work

Labor Code Art. 89ARTICLE 89. Emergency overtime work. Any employee may be required by the employer to perform overtime work in any of the following cases:(a) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;(b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;(c) When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;(d) When the work is necessary to prevent loss or damage to perishable goods; and(e) Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.

c. Undertime work/leave

Labor Code Art. 88ARTICLE 88. Undertime not offset by overtime. Undertime work on any particular day shall not be offset by overtime work on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter.

d. Additional Compensation

Labor Code Art. 87ARTICLE 87. Overtime work. Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.

NIGHT WORKLabor Code Art. 86ARTICLE 86. Night shiftdifferential. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten oclock in the evening and six oclock in the morning.Omnibus Rules Impl. Labor Code, Book III, Rule II, Secs. 1-6SECTION 1.Coverage. This Rule shall apply to all employees except:(a) Those of the government and any of its political subdivisions, including government-owned and/or controlled corporations;(b) Those of retail and service establishments regularly employing not more than five (5) workers;(c) Domestic helpers and persons in the personal service of another;(d) Managerial employees as defined in Book Three of this Code;(e) Field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.SECTION 2.Night shift differential. An employee shall be paid night shift differential of no less than ten per cent (10%) of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning.SECTION 3.Additional compensation. Where an employee is permitted or suffered to work on the period covered after his work schedule, he shall be entitled to his regular wage plus at least twenty-five per cent (25%) and an additional amount of no less than ten per cent (10%) of such overtime rate for each hour or work performed between 10 p.m. to 6 a.m.SECTION 4.Additional compensation on scheduled rest day/special holiday. An employee who is required or permitted to work on the period covered during rest days and/or special holidays not falling on regular holidays, shall be paid a compensation equivalent to his regular wage plus at least thirty (30%) per cent and an additional amount of not less than ten (10%) per cent of such premium pay rate for each hour of work performed.SECTION 5.Additional compensation on regular holidays. For work on the period covered during regular holidays, an employee shall be entitled to his regular wage during these days plus an additional compensation of no less than ten (10%) per cent of such premium rate for each hour of work performed.SECTION 6.Relation to agreements. Nothing in this Rule shall justify an employer in withdrawing or reducing any benefits, supplements or payments as provided in existing individual or collective agreements or employer practice or policy.

RA No. 10151, An Act Allowing the Employment of Night Workers, Thereby Repealing Articles 130 and 131 of PD 442, as amended, Otherwise Known as the Labor Code of the Philippines (26 July 2010)

Employment of Night WorkersArt. 154. Coverage. This chapter shall apply to all persons, who shall be employed or permitted or suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval from midnight to five oclock in the morning, to be determined by the Secretary of Labor and Employment, after consulting the workers representatives/labor organizations and employers.Night worker means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers representatives/labor organizations and employers.Art. 155. Health Assessment, At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work:(a) Before taking up an assignment as a night worker;(b) At regular intervals during such an assignment; and(c) If they experience health problems during such an assignment which are not caused by factors other than the performance of night work.With the exception of a finding of unfitness for night work, the findings of such assessments shall not be transmitted to others without the workers consent and shall not be used to their detriment.Art. 156. Mandatory Facilities. Suitable first-aid facilities shall be made available for workers performing night work, including arrangements where such workers, where necessary, can be taken immediately to a place for appropriate treatment. The employers are likewise required to provide safe and healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in the establishment and transportation from the work premises to the nearest point of their residence subject to exceptions and guidelines to be provided by the DOLE.Art. 157. Transfer. Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work.If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to secure employment during such period.A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health.Art. 158. Women Night Workers. Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth;(b) For additional periods, in respect of which a medical certificate is produced stating that said additional periods are necessary for the health of the mother or child:(1) During pregnancy;(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined by the DOLE after consulting the labor organizations and employers.During the periods referred to in this article:(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorised causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities.(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position.Pregnant women and nursing mothers may he allowed to work at night only if a competent physician, other than the company physician, shall certify their fitness to render night work, and specify, in the ease of pregnant employees, the period of the pregnancy that they can safely work.The measures referred to in this article may include transfer to day work where this is possible, the provision of social security benefits or an extension of maternity leave.The provisions of this article shall not have the effect of reducing the protection and benefits connected with maternity leave under existing laws.Art. 159. Compensation. The compensation for night workers in the form of working time, pay or similar benefits shall recognize the exceptional nature of night work.Art. 160. Social Services.Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work.Art. 161. Night Work Schedules. Before introducing work schedules requiring the services of night workers, the employer shall consult the workers representatives/labororganizations concerned on the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel, as well as on the occupational health measures and social services which are required. In establishments employing night workers, consultation shall take place regularly.

NIGHT SHIFT DIFFERENTIALLabor Code Art. 86ARTICLE 86. Night shift differential. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten oclock in the evening and six oclock in the morning.Omnibus Rules Impl. Labor Code, Book III, Rule II, Secs. 2-5SECTION 2.Night shift differential. An employee shall be paid night shift differential of no less than ten per cent (10%) of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning.SECTION 3.Additional compensation. Where an employee is permitted or suffered to work on the period covered after his work schedule, he shall be entitled to his regular wage plus at least twenty-five per cent (25%) and an additional amount of no less than ten per cent (10%) of such overtime rate for each hour or work performed between 10 p.m. to 6 a.m.SECTION 4.Additional compensation on scheduled rest day/special holiday. An employee who is required or permitted to work on the period covered during rest days and/or special holidays not falling on regular holidays, shall be paid a compensation equivalent to his regular wage plus at least thirty (30%) per cent and an additional amount of not less than ten (10%) per cent of such premium pay rate for each hour of work performed.SECTION 5.Additional compensation on regular holidays. For work on the period covered during regular holidays, an employee shall be entitled to his regular wage during these days plus an additional compensation of no less than ten (10%) per cent of such premium rate for each hour of work performed.

WEEKLY REST PERIODS

ARTICLE 91. Right to weekly rest day. (a) It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days.(b) The employer shall determine and schedule the weekly rest day of his employees subject to collective bargaining agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.

WEEKLY REST PERIOD DEPENDENT ON PREFERENCE OF EMPLOYEE

Omnibus Rules Impl. Labor Code, Book III, Rule III, Secs. 4-5SECTION 4.Preference of employee. The preference of the employee as to his weekly day of rest shall be respected by the employer if the same is based on religious grounds. The employee shall make known his preference to the employer in writing at least seven (7) days before the desired effectivity of the initial rest day so preferred.Where, however, the choice of the employee as to his rest day based on religious grounds will inevitably result in serious prejudice or obstruction to the operations of the undertaking and the employer cannot normally be expected to resort to other remedial measures, the employer may so schedule the weekly rest day of his choice for at least two (2) days in a month.SECTION 5.Schedule of rest day. (a) Where the weekly rest is given to all employees simultaneously, the employer shall make known such rest period by means of a written notice posted conspicuously in the work place at least one week before it becomes effective.(b) Where the rest period is not granted to all employees simultaneously and collectively, the employer shall make known to the employees their respective schedules of weekly rest through written notices posted conspicuously in the work place at least one week before they become effective.

COMPULSORY WORK ON A REST DAY

ARTICLE 92. When employer may require work on a rest day. The employer may require his employees to work on any day:(a) In case of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property, or imminent danger to public safety;(b) In cases of urgent work to be performed on the machinery, equipment, or installation, to avoid serious loss which the employer would otherwise suffer;(c) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures;(d) To prevent loss or damage to perishable goods;(e) Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and(f) Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment.

PREMIUM PAY

ARTICLE 93. Compensation for rest day, Sunday or holiday work. - (a) Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day.(b) When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least thirty percent (30%) of his regular wage for work performed on Sundays and holidays.(c) Work performed on any special holiday shall be paid an additional compensation of at least thirty percent (30%) of the regular wage of the employee. Where such holiday work falls on the employees scheduled rest day, he shall be entitled to an additional compensation of at least fifty per cent (50%) of his regular wage.(d) Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article, the employer shall pay such higher rate.

HOLIDAYSArticle 94. Right to holiday pay.Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers;The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; andAs used in this Article, "holiday" includes: New Years Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day designated by law for holding a general election.

----------------------------------------------------------------Article 94.Right to holiday payEvery worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers;Rule IV, Sec. 1SECTION 1.Coverage. This rule shall apply to all employees except:(a) Those of the government and any of the political subdivision, including government-owned and controlled corporation;(b) Those of retail and service establishments regularly employing less than ten (10) workers;(c) Domestic helpers and persons in the personal service of another;(d) Managerial employees as defined in Book Three of the Code;(e) Field personnel and other employees whose time and performance is unsupervised by the employer including those who are engaged on task or contract basis, purely commission basis, or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.

RA 9492SECTION 1. Section 26, Chapter 7, Book I of Executive Order No. 292, as amended, otherwise known as the Administrative Code of 1987, is hereby amended to read as follows:"Sec. 26, Regular Holidays and Nationwide Special Days. (1) Unless otherwise modified by law, and or proclamation, the following regular holidays and special days shall be observed in the country:a) Regular HolidaysNew years Day - January 1Maundy Thursday - Movable dateGood Friday - Movable dateEidulFitr - Movable dateArawngKagitingan (Bataaan and Corregidor Day) - Monday nearest April 9Labor Day - Monday nearest May 1Independence Day - Monday nearest June 12National Heroes Day - Last Monday of AugustBonifacio Day - Monday nearest November 30Christmas Day - December 25Rizal Day - Monday nearest December 30

b) Nationwide Special Holidays:Ninoy Aquino Day - Monday nearest August 21All Saints Day - November 1Last Day of the Year - December 31c) In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. If the holiday falls on a Sunday, the holiday will be observed on the Monday that follows:Provided, That for movable holidays, the President shall issue a proclamation, at least six months prior to the holiday concerned, the specific date that shall be declared as a nonworking day:Provided, however, The EidulAdha shall be celebrated as a regional holiday in the Autonomous Region in Muslim Mindanao."SEC. 2. All laws, orders, presidential issuances, rules and regulations or part thereof inconsistent with this Act are hereby repealed or modified accordingly.SEC. 3. This Act shall take effect after fifteen (15) days following its publication in at least two newspapers of general circulation.Amended EO 292Section 26.Regular Holidays and Nationwide Special Days. -1.Unless otherwise modified by law, order or proclamation, the following regular holidays and special days shall be observed in this country:(A)Regular HolidaysNew Year's Day - January 1Maundy Thursday - Movable dateGood Friday - Movable dateArawngKagitingan (Bataan and Corregidor Day) - April 9Labor Day - May 1Independence Day - June 12National Heroes Day - Last Sunday of AugustBonifacio Day - November 30Christmas Day - December 25Rizal Day - December 30(B)Nationwide Special DaysAll Saints Day - November 1Last Day of the Year - December 31

(2) The terms "legal or regular holiday" and "special holiday", as used in laws, orders, rules and regulations or other issuances shall be referred to as "regular holiday" and "special day", respectively.Section 27.Local Special Days. - The President may proclaim any local special day for a particular date, group or place.Section 28.Pretermission of Holiday. - Where the day, or the last day, for doing any act required or permitted by law falls on a regular holiday or special day, the act may be done on the next succeeding business day.

D. SERVICE INCENTIVE LEAVEReferences:Article 95; Omnibus Rules, Book III, Rule V----------------------------------------------------------------Labor Code, Art.95Right to service incentive leave.(a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.(b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.(c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.----------------------------------------------------------------1. Coverage/Extensions----------------------------------------------------------------Labor Code, Art.95(a)(b)(a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.(b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.Book III, Rule V, Secs. 2-3SECTION 2.Right to service incentive leave. Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.SECTION 3.Definition of certain terms. The term "at least one-year service" shall mean service for not less than 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or that provided in the employment contract is less than 12 months, in which case said period shall be considered as one year.Makati Haberdashery Inc. v. NLRC

Facts: While a case for underpayment against the employer was ongoing, two of its employees were dismissed from the company for allegedly copying for accepting a job order which is prejudicial and in direct competition with the business of the company.Held: They were not entitled to service incentive leave pay and holiday pay because as piece-rate workers being paid at a fixed amount for performing work irrespective of time consumed in the performance thereof, they fall under one of the exceptions stated the Code.Labor Congress v. NLRCsupra.

----------------------------------------------------------------a. Meaning at least one year of service----------------------------------------------------------------Book III, Rule V, Sec. 3SECTION 3.Definition of certain terms. The term "at least one-year service" shall mean service for not less than 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or that provided in the employment contract is less than 12 months, in which case said period shall be considered as one year.----------------------------------------------------------------b. Treatment of benefits----------------------------------------------------------------Book III, Rule V, Sec. 5SECTION 5.Treatment of benefit. The service incentive leave shall be commutable to its money equivalent if not used or exhausted at the end of the year.----------------------------------------------------------------E. VACATION LEAVE/SICK LEAVE----------------------------------------------------------------PNCC Skyway Traffic Management & Security Division Workers Organization v. PNCC Skyway Corp.

Facts: Dispute is with regards a CBA, wherein the Labor union insists that their union members have the preference in scheduling their vacation leave, while PNCC argues that CBA gives the management the final say regarding the vacation leave schedule of its employees.Held: According to the CBAs language, PNCC can unilaterally schedule the vacation leave of its employees. Since the grant of vacation leave is a prerogative of the employer, the latter can compel its employees to exhaust all their vacation leave credits----------------------------------------------------------------F. PATERNITY LEAVERA 8187 (Paternity Leave Act of 1996) Secs. 1-6RA 8187 Implementing Rules----------------------------------------------------------------1. Coverage----------------------------------------------------------------RA 8187, Sec. 2SECTION 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.For purposes, of this Act, delivery shall include childbirth or any miscarriage.RA 8187 Implementing Rules, Secs. 2SECTION 2.Coverage. Every married male employee in the private sector shall be entitled to paternity leave benefits of seven (7) working days with full pay for the first four (4) deliveries by his lawful spouse under such terms and conditions as hereinafter provided.The rules on paternity leave of employees in the public sector shall be promulgated by the Civil Service Commission.----------------------------------------------------------------2. Conditions----------------------------------------------------------------RA 8187, Sec. 2SECTION 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.For purposes, of this Act, delivery shall include childbirth or any miscarriage.RA 8187 Implementing Rules, Secs. 2, 3, 4SECTION 2.Coverage. Every married male employee in the private sector shall be entitled to paternity leave benefits of seven (7) working days with full pay for the first four (4) deliveries by his lawful spouse under such terms and conditions as hereinafter provided.The rules on paternity leave of employees in the public sector shall be promulgated by the Civil Service Commission.SECTION 3.Conditions for entitlement of paternity leave benefits. A married male employee shall be entitled to paternity benefits provided that:a. he is employed at the time of delivery of his child;b. he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof; andc. his wife has given birth, suffers a miscarriage or an abortion.SECTION 4.Notification. As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time. The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the latter, together with a copy of his marriage contract, or where not applicable, any proof of marriage. Provided, That this notification requirement shall not apply in cases of miscarriage or abortion.Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.----------------------------------------------------------------3. When to avail of benefits----------------------------------------------------------------RA 8187 Implementing Rules, Sec. 5SECTION 5.Availment. The paternity benefits set forth herein may be enjoyed by the qualified employee before, during or after the delivery by his wife; provided, that the total number of days shall not exceed seven (7) working days for each delivery. Provided, further, that this benefit shall be availed of not later than sixty (60) days after the date of said delivery.----------------------------------------------------------------4. Benefits----------------------------------------------------------------RA 8187 Implementing Rules Sec. 6SECTION 6.Benefits. The employee is entitled to seven (7) working days paternity leave with pay, consisting of basic salary, all allowances and other monetary benefits.----------------------------------------------------------------5. Treatment of benefit----------------------------------------------------------------RA 8187 Implementing Rules, Sec. 7SECTION 7.Non-Conversion of benefits. In the event that the paternity leave benefit is not availed of, said leave shall not be convertible to cash.----------------------------------------------------------------6. Penalty provisions----------------------------------------------------------------RA 8187, Sec. 5SECTION 5. Any person, corporation, trust, firm, partnership, association or entity found violating this Act or the rules and regulations promulgated thereunder shall be punished by a fine not exceeding Twenty-five thousand pesos (P25,000) or imprisonment of not less than thirty (30)days nor more than six (6) months.If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed on the entity's responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner directly responsible therefor.RA 8187 Implementing Rules, Sec. 10SECTION 10.Repealing Clause. All laws, ordinances, rules, regulations, issuances, or parts thereof which are inconsistent with these Rules are deemed repealed or modified accordingly.----------------------------------------------------------------7. Employment related rights and benefits----------------------------------------------------------------RA 8187, Sec. 2-3SECTION 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery.For purposes, of this Act, delivery shall include childbirth or any miscarriage.SECTION 3.Definition of Term. - For purposes of this Act, Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.RA 8187 Implementing Rules, Sec. 1(b)b. Employee refers to any person who performs services for an employer and receives compensation therefor, provided an employer- employee relationship exists between them.RA 8187 Implementing Rules, Sec. 3(a)SECTION 3.Conditions for entitlement of paternity leave benefits. A married male employee shall be entitled to paternity benefits provided that:a. he is employed at the time of delivery of his child;----------------------------------------------------------------G. PARENTAL LEAVERA 8972 (Solo Parents Welfare Act of 2000)RA 8972 Implementing Rules----------------------------------------------------------------1. Coverage----------------------------------------------------------------RA 8927, Sec. 3(a)Section 3.Definition of Terms. - Whenever used in this Act, the following terms shall mean as follows:(a) "Solo parent" - any individual who falls under any of the following categories:(1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;(3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;(5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;(6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;(9) Any other person who solely provides parental care and support to a child or children;(10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.----------------------------------------------------------------2. Criteria----------------------------------------------------------------RA 8972 Implementing Rules, Art. IV, Sec. 7Section 7. Criteria for Support Any solo parent whose income in the place of domicile falls equal to or below the poverty threshold as set by the NSCB and subject to the assessment of the duly appointed or designated social worker in the area shall be eligible for assistance: Provided, however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 16, 17, 18, 19, 20, 21 and 23 of these Rules. For purposes of the Act and these Rules, the place of domicile shall refer to the residence mentioned in Section 8(a) of these Rules.----------------------------------------------------------------3. Qualifications of solo parents----------------------------------------------------------------RA 8972, Sec. 8Section 8.Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.RA 8972 Implementing Rules, Art. IV, Sec. 8Section 8. Qualifications of Solo Parent A solo parent seeking benefits other than those provided for under Sections 16, 17, 18, 19, 20, 21 and 23 of these Rules shall be qualified on the basis of the following:(a) A resident of the area where the assistance is sought, as certified by the barangay captain; Provided, that if the solo parent is a transferee from another barangay, he/she is required to secure a clearance from his/her previous barangay, indicating whether or not he/she has availed of any benefits for solo parents, and the nature of such benefits. (b) With an income level equal to or below the poverty threshold as set forth by NSCB and assessed by a social worker as provided for under Section 7 of these Rules.----------------------------------------------------------------4. Employment Related rights and benefits----------------------------------------------------------------RA 8972, Sec. 3(d)(e)(d) "Parental leave" - shall mean leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.(e) "Flexible work schedule" - is the right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer.----------------------------------------------------------------a. Flexible Work Schedule----------------------------------------------------------------RA 8972, Sec. 6Section 6.Flexible Work Schedule. - The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.RA 8972 Implementing Rules, Art. V, Sec. 17Section 17. Work Discrimination No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.----------------------------------------------------------------b. Work discrimination----------------------------------------------------------------RA 8972 Implementing Rules, Art. V, Sec. 18Section 18. Parental Leave In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year. The seven-day parental leave shall be non-cumulative.----------------------------------------------------------------c. Leave----------------------------------------------------------------RA 8972 Implementing Rules, Art. V, Sec. 19Section 19. Conditions for Entitlement of Parental Leave A solo parent shall be entitled to parental leave provided that: (a) He/She has rendered at least one (1) year of service whether continuous or broken at the time of the affectivity of the Act;(b) He/She has notified his/her employer of the availment thereof within a reasonable time period; and (c) He/She has presented a Solo Parent Identification Card to his/her employer.----------------------------------------------------------------5. Treatment of benefit; Non cumulative----------------------------------------------------------------RA 8972 Implementing Rules, Art. VI, Sec. 18 (Second sentence)The seven-day parental leave shall be non-cumulative.---------------------------------------------------------------H. VICTIMS LEAVERA 9262 (An Act Defining Violence Against Women and their Children of 2004), Sec. 43RA 9262 Implementing Rules, Rule VI, Sec. 42---------------------------------------------------------------1. Definition/Coverage---------------------------------------------------------------RA 9262, Sec. 3SECTION 3. Definition of Terms.- As used in this Act,(a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical harm;B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;c) Prostituting the woman or child.C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;3. destroying household property;4. controlling the victims' own money or properties or solely controlling the conjugal money or properties.(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.---------------------------------------------------------------2. Entitlement to leave---------------------------------------------------------------RA 9262 Implementing Rules, Rule VI, Sec. 42Section 42. Ten-day paid leave in addition to other leave benefits. - At any time during the application of any protection order, investigation, prosecution and/or trial of the criminal case, a victim of VAWC who is employed shall be entitled to a paid leave of up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations and other existing laws and company policies, extendible when the necessity arises as specified in the protection order. The Punong Barangay/kagawad or prosecutor or the Clerk of Court, as the case may be, shall issue a certification at no cost to the woman that such an action is pending, and this is all that is required for the employer to comply with the 10-day paid leave. For government employees, in addition to the aforementioned certification, the employee concerned must file an application for leave citing as basis R.A. 9262. The administrative enforcement of this leave entitlement shall be considered within the jurisdiction of the Regional Director of the DOLE under Article 129 of the Labor Code of the Philippines, as amended, for employees in the private sector, and the Civil Service Commission, for government employees.The availment of the ten day-leave shall be at the option of the woman employee, which shall cover the days that she has to attend to medical and legal concerns. Leaves not availed of are noncumulative and not convertible to cash.The employer/agency head who denies the application for leave, and who shall prejudice the victim-survivor or any person for assisting a co-employee who is a victim-survivor under the Act shall be held liable for discrimination and violation of R.A 9262.The provision of the Labor Code and the Civil Service Rules and Regulations shall govern the penalty to be imposed on the said employer/agency head.---------------------------------------------------------------I. SPECIAL LEAVE BENEFITS FOR WOMENRA 9710 (Magna Carta of Women)---------------------------------------------------------------1. Covered employees---------------------------------------------------------------RA 9710, Sec. 18Section 18.Special Leave Benefits for Women. - A woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.---------------------------------------------------------------J. SERVICE CHARGESArticle 96; Omnibus Rules, Book III, Rule VI---------------------------------------------------------------Art. 96. Service charges. All service charges collected by hotels, restaurants and similar establishments shall be distributed at the rate of eighty-five percent (85%) for all covered employees and fifteen percent (15%) for management. The share of the employees shall be equally distributed among them. In case the service charge is abolished, the share of the covered employees shall be considered integrated in their wages.---------------------------------------------------------------1. Covered establishments---------------------------------------------------------------See Article 96 above.Book III, Rule VI, Sec. 1SECTION 1.Coverage. This rule shall apply only to establishments collecting service charges such as hotels, restaurants, lodging houses, night clubs, cocktail lounge, massage clinics, bars, casinos and gambling houses, and similar enterprises, including those entities operating primarily as private subsidiaries of the Government.---------------------------------------------------------------2. Covered employees---------------------------------------------------------------See Article 96 above above.Book III, Rule VI, Sec. 2SECTION 2. Employees covered. This rule shall apply to all employees of covered employers, regardless of their positions, designations or employment status, and irrespective of the method by which their wages are paid except to managerial employees.As used herein, a "managerial employee" shall mean one who is vested with powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign, or discipline employees or to effectively recommend such managerial actions. All employees not falling within this definition shall be considered rank-and-file employees.---------------------------------------------------------------3. Sharing---------------------------------------------------------------See Article 96 above aboveabove.Book III, Rule VI, Sec. 3SECTION 3.Distribution of service charges. All service charges collected by covered employers shall be distributed at the rate of 85% for the employees and 15% for the management. The 85% shall be distributed equally among the covered employees. The 15% shall be for the disposition by management to answer for losses and breakages and distribution to managerial employees at the discretion of the management in the latter case.---------------------------------------------------------------4. Frequency of Distribution---------------------------------------------------------------Book III, Rule VI, Sec. 4SECTION 4.Frequency of distribution. The shares referred to herein shall be distributed and paid to the employees not less than once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days.---------------------------------------------------------------5. Rule if abolished---------------------------------------------------------------Book III, Rule VI, Sec. 5SECTION 5.Integration of service charges. In case the service charges is abolished the share of covered employees shall be considered integrated in their wages. The basis of the amount to be integrated shall be the average monthly share of each employee for the past twelve (12) months immediately preceding the abolition of withdrawal of such charges.Phil. Hoteliers, Inc. v. NUWHRAIN-APL-IUF

Facts: Wage Order No. 9 granted all private sector employees earning 250-290 pesos daily wage an Emergency Cost Of Living Allowance of P30 per day. Dusit Hotel allegedly did not comply with the WO, saying that the wage increase in a new CBA already incorporated the WOHeld: The hotel employees right to their shares in the service charges collected by Dusit is distinct and separate from their right to ECOLA; gratification by the hotel of one does not result in the satisfaction of the other.----------------------------------------------------------------K. NON DIMINUTION OF BENEFITS----------------------------------------------------------------Article 100.Prohibition against elimination or diminution of benefits.Nothing in this Book shall be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of this Code.

Metropolitan Bank & Trust Co. v. NLRC

Facts: Patag and Flora requested that their retirement benefits be computed at the new rate to be set after the then ongoing CBA negotiations were signed, but Metrobank complied with the retroactive application of the increased benefits only with regard to employees who remain in service in a then future time.Held: Metrobank had consistently, deliberately and voluntarily granted improved benefits to its officers after the signing of each CBA with its rank and file employees and had applied it retroactively, without the condition that the officers should remain employees as of a certain date. This constitutes voluntary employer practice which cannot be unilaterally withdrawn or diminished by the employer without violating the spirit and intent of Art. 100 of the Code which prohibits the non-diminution of benefits. Thus, Patag and Flora can recover higher benefits.----------------------------------------------------------------5. Minimum Wages and Wage Fixing MachineryReferences:Articles 97-119Omnibus Rules, Book III, Rules VII-VIII----------------------------------------------------------------A. MINIMUM WAGES----------------------------------------------------------------Labor Code, Art.99Art. 99. Regional minimum wages. The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. (As amended by Section 3, Republic Act No. 6727, June 9, 1989.)1987 Constitution, Art. XIII, Sec. 3Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, 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 processes 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 in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.----------------------------------------------------------------1. General Principlesa. Right to a living wage----------------------------------------------------------------Constitution, Art. XIII, Sec. 3 par. (2)(4)[Par. 2.] It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, 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 processes affecting their rights and benefits as may be provided by law.[Par. 4.] The State shall regulate the relations between workers and employers, recognizing the right of labor to its just share in the fruits of production and the right of enterprises to reasonable returns on investments, and to expansion and growth.----------------------------------------------------------------b. No Work, No pay/ A fair days wage for a fair days labor----------------------------------------------------------------Sugue v. Triumph International (Phils)

Facts: Sugue and Valderrama personally attended a preliminary conference of their money claim case against Triumph. Consequently, the company charged the half day utilized by the two to their vacation leave credits.Held: There was no bad faith or malice on the part of the company because it is fair and reasonable for Triumph to do so considering that Sugue and Valderrama did not perform work for one-half day. It was previously held that laborers who voluntarily absent themselves from work to attend the hearing of a case in which they seek to prove and establish their demands against the company should not be entitled to pay during their period of absence from work.

Aklan Electric Corp. Inc. v. NLRC

Facts: AKELCO transferred its office for daily operations, but some employees continued to report for work at the old office. Some of the employees who continued to report at the old office were considered dismissed and later accepted back subject to the condition of "no work, no pay."Held: It would neither be fair nor just to allow private respondents to recover something they have not earned and could not have earned because they did not render services at the Kalibo office during the stated period.

----------------------------------------------------------------c. Equal pay for work of equal value----------------------------------------------------------------Article 135(a)Art. 135. Discrimination prohibited. It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex.The following are acts of discrimination:(a) Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value;Article 248(e)Art. 248. Unfair labor practices of employers. It shall be unlawful for an employer to commit any of the following unfair labor practice:(e) To discriminate in regard to wages, hours of work and other terms and conditions of employment in order to encourage or discourage membership in any labor organization. Nothing in this Code or in any other law shall stop the parties from requiring membership in a recognized collective bargaining agent as a condition for employment, except those employees who are already members of another union at the time of the signing of the collective bargaining agreement. Employees of an appropriate bargaining unit who are not members of the recognized collective bargaining agent may be assessed a reasonable fee equivalent to the dues and other fees paid by members of the recognized collective bargaining agent, if such non-union members accept the benefits under the collective bargaining agreement: Provided, that the individual authorization required under Article 242, paragraph (o) of this Code shall not apply to the non-members of the recognized collective bargaining agent;International School Alliance of Educ. v. Quisumbing

Facts: International School pays its or foreign-hires, a higher salary than its local-hires.Held: Discrimination exists, because the local-hires perform the same services as foreign-hires and they ought to be paid the same salaries as the latter. Persons who work with substantially equal qualifications, skill, effort and responsibility, under similar conditions, should be paid similar salaries.----------------------------------------------------------------d. Form: agreement for compensation of services----------------------------------------------------------------Article 97(f)(f) "Wage" paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, lodging, or other facilities customarily furnished by the employer to the employee. "Fair and reasonable value" shall not include any profit to the employer, or to any person affiliated with the employer.Arms Taxi v. NLRC

Facts: A dismissed taxi company employee sues for a 15% commission and reinstatement with backwages as a regular employeeHeld: He is not entitled to the commission as it had not been agreed upon in writing as required by law, but he is entitled to be considered as a regular employee for doing necessary and desirable work for his company.

----------------------------------------------------------------e. Exemption from income tax----------------------------------------------------------------RA 9504 of June 17, 2008 (An Act Amending the National Internal Revenue Code of 1997), Sec. 2SEC. 2. Section 24(A) of Republic Act No. 8424, as amended, otherwise known as the National Internal Revenue Code of 1997, is hereby further amended to read as follows:"SEC. 24.Income Tax Rates. -"(A) Rates of Income Tax on Individual Citizen and Individual Resident Alien of the Philippines. -"(1) x x x:"x xx; and"(c) On the taxable income defined in Section 31 of this code, other than income subject to tax under Subsections (B), (C) and (D) of this Section, derived for each taxable year from all sources within the Philippines by an individual alien who is a resident of the Philippines."(2) Rates of Tax on Taxable Income of Individuals. - The tax shall be computed in accordance with and at the rates established in the following schedule:"Not over P10,000........5%"Over P10,000 but not over P30,000........ P500+10% of the excess over P10,000"Over P30,000 but not over P70,000........ P2,500+15% of the excess over P30,000"Over P70,000 but not over P140,000........ P8,500+20% of the excess over P70,000"Over P140,000 but not over P250,000........ P22,500+25% of the excess over P140,000"Over P250,000 but not over P500,000........ P50,000+30% of the excess over P250,000"Over P5000,000........ P125,000+32% of the excess over P500,000"For married individuals, the husband and wife, subject to the provision of Section 51 (D) hereof, shall compute separately their individual income tax based on their respective total taxable income: Provided, that if any income cannot be definitely attributed to or identified as income exclusively earned or realized by either of the spouses, the same shall be divided equally between the spouses for the purpose of determining their respective taxable income."Provided, That minimum wage earners as defined in Section 22 (HH) of this Code shall be exempt from the payment of income tax on their taxable income: Provided, further, That the holiday pay, overtime pay, night shift differential pay and hazard pay received by such minimum wage earners shall likewise be exempt from income tax."x xx."----------------------------------------------------------------2. Coverage----------------------------------------------------------------Article 97(b)(c)(e)(b) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee and shall include the government and all its branches, subdivisions and instrumentalities, all government-owned or controlled corporations and institutions, as well as non-profit private institutions, or organizations.(c) "Employee" includes any individual employed by an employer."Employ" includes to suffer or permit to work.Article 98Art. 98. Application of Title. This Title shall not apply to farm tenancy or leasehold, domestic service and persons working in their respective homes in needle work or in any cottage industry duly registered in accordance with law.Omnibus Rules, Book III, Rule VII, Sec. 3SECTION 3.Amount of Minimum Wage Increase. Effective July 1, 1989, the daily statutory minimum wage rates of covered workers and employees shall be increased as follows:a) P25.00 for those in the National Capital Region;b) P25.00 for those outside the National Capital Region, except for the following:P20.00 for those in plantation agricultural enterprises with an annual gross sales of less than P5 million in the fiscal year immediately preceding the effectivity of the Act;P15.00 for those in the following enterprises:1. Non-plantation agriculture2. Cottage/handicraft3. Retail/Service regularly employing not more than 10 workers4. Business enterprises with a capitalization of not more than P500,000 and employing not more than 20 workers.Phil. Fisheries Development Authority v. NLRC

Facts: Petitioner is a GOCC which entered into a contract with a security agency. Security guards under the agency asked the petitioner for an increase of wages in accordance with the Wage Order#6 and later filed a complaint for unpaid amount of re-adjustment rate.Held: Notwithstanding that the petitioner is a government agency, its liabilities are jointly and solidary with that of the contractor for the unpaid wages as provided in Art. 106,107 and 109.----------------------------------------------------------------3. Minimum Wage----------------------------------------------------------------Article 99Art. 99. Regional minimum wages. The minimum wage rates for agricultural and non-agricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Tripartite Wages and Productivity Boards. (As amended by Section 3, Republic Act No. 6727, June 9, 1989).Article 97(f)"Wage" paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, lodging, or other facilities customarily furnished by the employer to the employee. "Fair and reasonable value" shall not include any profit to the employer, or to any person affiliated with the employer.Article 61Art. 61. Contents of apprenticeship agreements. Apprenticeship agreements, including the wage rates of apprentices, shall conform to the rules issued by the Secretary of Labor and Employment. The period of apprenticeship shall not exceed six months. Apprenticeship agreements providing for wage rates below the legal minimum wage, which in no case shall start below 75 percent of the applicable minimum wage, may be entered into only in accordance with apprenticeship programs duly approved by the Secretary of Labor and Employment. The Department shall develop standard model programs of apprenticeship. (As amended by Section 1, Executive Order No. 111, December 24, 1986)Article 75(c)Art. 75. Learnership agreement. Any employer desiring to employ learners shall enter into a learnership agreement with them, which agreement shall include:(c) The wages or salary rates of the learners which shall begin at not less than seventy-five percent (75%) of the applicable minimum wage;Article 80(b)Art. 80. Employment agreement. Any employer who employs handicapped workers shall enter into an employment agreement with them, which agreement shall include:The names and addresses of the handicapped workers to be employed;The rate to be paid the handicapped workers which shall not be less than seventy five (75%) percent of the applicable legal minimum wage;The duration of employment period; andThe work to be performed by handicapped workers.The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized representative.Wage Order No. NCR-14, May 16, 2008 (abridged)WHEREAS, the Regional Tripartite Wages and Productivity Board-National Capital Region (RTWPB-NCR) is mandated under R.A. 6727 (The Wage Rationalization Act), to periodically assess wage rates and conduct continuing studies in the determination of the minimum wage applicable in the region or industry;[xxx]Section 1.NEW MINIMUM WAGE RATES. Upon effectivity of this Wage Order, all private sector minimum wage workers and employees in the National Capital Region shall receive an increase in the amount of Twenty Pesos (P20.00) per day consisting of Fifteen Pesos (P15.00) Basic Wage and Five Pesos (P5.00) Cost of Living Allowance. The Five Pesos (P5.00) COLA shall be automatically integrated into the basic wage on 28 August 2008.a) The new daily minimum wage rates of covered workers in the private sector in the National Capital Region shall be as follows: (note: min. wage under Wage Order No. NCR-13 + P15 Basic Wage + P5 COLA)Non-Agriculture: P382Agricultural (Plantation and non-plantation): P345Private Hospital w/ bed capacity of 100 or less: P345Retail/Service Establishments employing 15 workers or less: P345Manufacturing Establishments regularly employing less than 10 workers: P325Section 2.COVERAGE. The P 20.00 per day Basic Wage and COLA increase prescribed in this Order shall apply to all minimum wage earners in the private sector in the Region, regardless of their position, designation or status of employment and irrespective of the method by which they are paid.This Wage Order shall not cover household or domestic helpers; persons in the personal service of another, including family drivers, and workers of duly registered Barangay Micro Business Enterprises (BMBEs) with Certificates of Authority pursuant to Republic Act 9178.Section 4.APPLICATION TO CONTRACTORS.In the case of contracts for construction projects and for security, janitorial and similar services, the Basic Wage and COLA prescribed in this Order shall be borne by the principals or clients of the construction/service contractors and the contract shall be deemed amended accordingly.In the event, however, that the principals or clients fail to pay the prescribed wage rates, the construction/service contractor shall be jointly and severally liable with his principal or client.Section. 5. APPLICATION TO EDUCATIONAL INSTITUTIONS [xxx] Private educational institutions which have not increased their tuition fees for School Year 2008-2009 may defer compliance with the Basic Wage and COLA prescribed herein until the beginning of School Year 2009-2010. [xxx]Section 6. WORKERS PAID BY RESULT. All workers paid by result, including those who are paid on piecework, takay, pakyaw or task basis, shall be entitled to receive the prescribed Basic Wage and COLA per eight (8) hours work a day, or a proportion thereof for working less than eight (8) hours.Section 8.EXEMPTIONS. Upon application with and as determined by the Board, based on documentation and other requirements in accordance with applicable rules and regulations issued by the NWPC, the following may be exempted from the applicability of this Order:1. Distressed Establishments;2. Establishments whose Total Assets including those arising from loans but exclusive of the land on which the particular business entitys office, plant and equipment are situated, are not more than P3Million;3. Retail/Service Establishments Regularly Employing Not More Than Ten (10) workers;4. Establishments Adversely Affected by Natural Calamities;5. Micro and small indigenous exporters as certified by the Export Development Council, subject to the criteria and requirements to be provided for in its Implementing Rules.Wage Order No. NCR-16, May 9, 2011Same as Wage Order No. NCR-14 (directly above), with an additional +P22 COLA from the the-enacted Basic Wages (under NCR-15).Non-Agriculture: P426Agricultural (Plantation and non-plantation): P389Private Hospital w/ bed capacity of 100 or less: P389Retail/Service Establishments employing 15 workers or less: P389Manufacturing Establishments regularly employing less than 10 workers: P389RA 7323 of 1992 (AN ACT TO HELP POOR BUT DESERVING STUDENTS PURSUE THEIR EDUCATION BY ENCOURAGING THEIR EMPLOYMENT DURING SUMMER AND/OR CHRISTMAS VACATIONSSEC. 2. Sixty per centum (60%) of said salary or wage shall be paid by the employer in cash and forty per centum (40%) by the Government in the form of a voucher which shall be applicable in the payment of his tuition fees and books in any educational institution for secondary, tertiary, vocational or technological education. The amount of the education voucher shall be paid by the Government to the educational institution concerned within thirty (30) days from its presentation to the officer or agency designated by the Secretary of Finance.The voucher shall not be transferable except when the payee thereof dies or for a justifiable cause stops in his duties in which case it can be transferred to his brothers or sisters. If there be none, the