workers’ benefits...workers’ benefits for retail & service establishments employing 1 to 9...

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WORKERS WORKERS BENEFITS BENEFITS FOR RETAIL & SERVICE FOR RETAIL & SERVICE ESTABLISHMENTS ESTABLISHMENTS employing 1 to 9 workers employing 1 to 9 workers Federation of Filipino Federation of Filipino - - Chinese Chamber of Commerce Chinese Chamber of Commerce & Industry, Inc. [FFCCCII] & Industry, Inc. [FFCCCII] Republic of the Philippines Republic of the Philippines DEPARTMENT OF LABOR AND EMPLOYMENT DEPARTMENT OF LABOR AND EMPLOYMENT Intramuros Intramuros . Manila . Manila

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Page 1: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

WORKERSWORKERS’’ BENEFITS BENEFITS FOR RETAIL & SERVICE FOR RETAIL & SERVICE

ESTABLISHMENTSESTABLISHMENTS

employing 1 to 9 workersemploying 1 to 9 workers

Federation of FilipinoFederation of Filipino--Chinese Chamber of Commerce Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]& Industry, Inc. [FFCCCII]

Republic of the PhilippinesRepublic of the PhilippinesDEPARTMENT OF LABOR AND EMPLOYMENTDEPARTMENT OF LABOR AND EMPLOYMENT

IntramurosIntramuros. Manila. Manila

Page 2: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost of living allowances and other monetary and welfare benefits, including those set by occupational safety and health standards.

Labor StandardsLabor StandardsLabor Standards

Page 3: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Hours of Work

Normal work hours - 8 hours a day

Meal and rest periods: meal break of less than one hour and short rest periods shall be considered compensable work time.

Weekly Rest Day

A day-off of 24 consecutive hours after 6 days of work should be scheduled by the employer upon consultation with the workers.

Page 4: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

DAILY MINIMUM WAGE RATESDAILY MINIMUM WAGE RATES National Capital Region (NCR) National Capital Region (NCR) a/a/ Per Wage Order No. NCRPer Wage Order No. NCR--16 16 b/b/

Effective 26 May 2011Effective 26 May 2011

Sector/IndustrySector/IndustryBasic Wage under Basic Wage under

Wage Order No. NCR Wage Order No. NCR 1515

COLA increaseCOLA increase New Minimum New Minimum Wage RatesWage Rates

NonNon--AgricultureAgriculture P 404.00P 404.00 P22.00P22.00 P 426.00P 426.00

Agriculture Agriculture (Plantation and Non (Plantation and Non Plantation)Plantation) P 367.00P 367.00 P22.00P22.00 P 389.00P 389.00

Private Hospitals with bed Private Hospitals with bed capacity of 100 or lesscapacity of 100 or less P 367.00P 367.00 P22.00P22.00 P 389.00P 389.00

Retail/Service Establishments Retail/Service Establishments employing 15 workers or lessemploying 15 workers or less P 367.00P 367.00 P22.00P22.00 P 389.00P 389.00

Manufacturing Establishments Manufacturing Establishments regularly employing less than 10 regularly employing less than 10 workersworkers

P 367.00P 367.00 P22.00P22.00 P 389.00P 389.00

a/ covers the cities of Caloocan, Las Piñas, Makati, Malabon, Mandaluyong, Manila, Marikina, Muntinlupa, Navotas, Parañaque, Pasay, Pasig, Quezon, San Juan, Taguig and Valenzuela and the Municipality of Pateros.

b/ grants a P22.00 cola per day to all minimum wage workers in the private sector in the region W.O. issued 09 May 2011, published at Phil. Daily Inquirer on 11 May 2011

Page 5: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

HOLIDAY PAY does NOT apply to workers of retail & service establishments regularly employing less than 10 workers

Holiday Pay - 1 day pay for every regular holiday even if unworked subject to certain conditions.

if worked – 200% of regular daily wage

Condition for entitlement:

present or on leave with pay on the workday prior to the holiday

HOLIDAY PAY – NOT APPLICABLE

Page 6: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Regular HolidaysRegular Holidays

[ RA 9849 ][ RA 9849 ]

New YearNew Year’’s Days Day January 1January 1Maundy ThursdayMaundy Thursday Movable dateMovable dateGood FridayGood Friday Movable dateMovable dateArawAraw ngng KagitinganKagitingan Monday nearest April 9Monday nearest April 9Labor DayLabor Day Monday nearest May 1Monday nearest May 1Independence Day Independence Day Monday nearest June 12Monday nearest June 12National Heroes DayNational Heroes Day Last Monday of AugustLast Monday of AugustEidulEidul FitrFitr Movable dateMovable dateEidulEidul AdhaAdha Movable dateMovable dateBonifacioBonifacio DayDay Monday nearest Nov. 30Monday nearest Nov. 30Christmas DayChristmas Day December 25December 25Rizal DayRizal Day Monday nearest Dec. 30Monday nearest Dec. 30

Page 7: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

20112011 Regular HolidaysRegular HolidaysNew YearNew Year’’s Days Day January 1 (Saturday)January 1 (Saturday)ArawAraw ngng KagitinganKagitingan April 9 (Saturday)April 9 (Saturday)Maundy ThursdayMaundy Thursday April 21April 21Good FridayGood Friday April 22April 22Labor DayLabor Day May 1 (Sunday)May 1 (Sunday)Independence Day Independence Day June 12 (Sunday)June 12 (Sunday)National Heroes DayNational Heroes Day August 29 (Monday)August 29 (Monday)EidulEidul FitrFitr To be proclaimedTo be proclaimedEidulEidul AdhaAdha To be proclaimedTo be proclaimedBonifacioBonifacio DayDay November 30 November 30 (Wednesday)(Wednesday)Christmas DayChristmas Day December 25 (Sunday)December 25 (Sunday)Rizal DayRizal Day December 30 (Friday)December 30 (Friday)

Page 8: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Premium Pay – additional pay for work within 8 hours as follows:

Special or rest day: plus 30% of basic daily rateRest day falling on a special day: plus 50% of basic daily rate.Rest day falling on a regular holiday: plus 30%

of 200% of basic daily rate.

National Special Days

(RA 9849) :Ninoy Aquino Day Monday nearest Aug. 21 All Saints Day November 1Last Day of the Year December 31

Page 9: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

20112011 Special DSpecial DaysaysBlack SaturdayBlack Saturday April 23April 23150150thth Birth AnniversaryBirth Anniversary

of Jose P. Rizal of Jose P. Rizal June 20 (Monday)June 20 (Monday)NinoyNinoy Aquino Day Aquino Day August 21 (Sunday)August 21 (Sunday)All Saints DayAll Saints Day November 1 (Tuesday)November 1 (Tuesday)Last Day of the YearLast Day of the Year December 31 (Saturday)December 31 (Saturday)

Special Holiday for all schoolsEDSA Revolution February 25 (Friday)Anniversary

Page 10: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Overtime Pay – additional pay for work in excess of 8 hours as follows:

Ordinary days: plus 25% of basic hourly rate.

Special days, rest days, and holidays: plus 30% of the regular hourly rate on said days.

Nightshift differential - additional pay of10% of the basic rate for work between 10pm – 6am.

Page 11: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

SERVICE INCENTIVE LEAVE SERVICE INCENTIVE LEAVE –– NOT APPLICABLENOT APPLICABLE

Employees who rendered 1 year of service are entitled to 5 days service incentive leave (SIL) with pay. [Article 95 of the labor Code]

Usage/Commutation to Cash:

for sick and vacation leave purposes. The unused SIL is commutable to its money equivalent at the end of the year.

Page 12: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Maternity LeaveMaternity Leave [ RA 8282 ][ RA 8282 ]

CoverageCoverageFemale employee who has paid at least 3Female employee who has paid at least 3--monthly contributions in the 12monthly contributions in the 12--month period prior month period prior to child birth or miscarriage, and who is currently to child birth or miscarriage, and who is currently employed.employed.

BenefitBenefitThe daily maternity benefit is equivalent to 100% of The daily maternity benefit is equivalent to 100% of her average daily salary credit.her average daily salary credit.

60 days60 days for normal delivery or miscarriagefor normal delivery or miscarriage78 days 78 days Caesarian section deliveryCaesarian section delivery

Page 13: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Paternity LeavePaternity Leave [ RA 8187 ][ RA 8187 ]

CoverageCoverage -- MARRIED male employeesMARRIED male employeesBenefitBenefit

7 days leave with pay for the 17 days leave with pay for the 1stst four deliveries four deliveries of his lawful wife.of his lawful wife.

Conditions for entitlementConditions for entitlementemployee at the time of delivery of his child.employee at the time of delivery of his child.cohabiting with spouse at the time of delivery or cohabiting with spouse at the time of delivery or miscarriage.miscarriage.applied for paternity leave applied for paternity leave w/nw/n reasonable reasonable period. period. his wife has given birth or suffered a miscarriage.his wife has given birth or suffered a miscarriage.

Page 14: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Parental LeaveParental Leave

of Solo Parentsof Solo Parents

[ RA 8972 ][ RA 8972 ]

CoverageCoverageAny individual under the 10 categories provided by Any individual under the 10 categories provided by lawlaw

BenefitBenefit7 working days with pay7 working days with pay

Conditions for EntitlementConditions for Entitlementrendered 1 year of service.rendered 1 year of service.notified employer of usage within a reasonable notified employer of usage within a reasonable time. time. presented a Solo Parent ID Card to employer presented a Solo Parent ID Card to employer which may be obtained from the DSWD Office of which may be obtained from the DSWD Office of the City or municipality of residence.the City or municipality of residence.

Page 15: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Leave for Victims of VAWCLeave for Victims of VAWC

[ RA 9262 ]

BenefitBenefitleave with pay up to 10 days, extendible when the leave with pay up to 10 days, extendible when the necessity arises as specified under the protection necessity arises as specified under the protection order. order.

Requirement for entitlementRequirement for entitlementcertification from the certification from the PunongPunong BarangayBarangay or or kagawadkagawad,, or Prosecutor or the Clerk of Court, as or Prosecutor or the Clerk of Court, as the case may be, that an action is pending.the case may be, that an action is pending.

AvailmentAvailment –– option of the woman employeeoption of the woman employee

Circumstances for Circumstances for availmentavailmentMedical and legal concernsMedical and legal concerns

Page 16: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Special Leave of WomenSpecial Leave of Women

[ RA 9710 ][ RA 9710 ]

BenefitBenefit2 months leave with full pay 2 months leave with full pay

Conditions for entitlementConditions for entitlement

rendered 6 months for the last 12 months prior rendered 6 months for the last 12 months prior to surgery.to surgery.

filed application within reasonable period from filed application within reasonable period from expected date of surgery.expected date of surgery.

undergone surgery due to gynecological undergone surgery due to gynecological disorders as certified by competent physician. disorders as certified by competent physician.

Signed into law by PGMA : August 14, 2009Signed into law by PGMA : August 14, 2009Published at PDI & Malaya : August 31, 2009Published at PDI & Malaya : August 31, 2009Took effect on : September 15, 2009Took effect on : September 15, 2009

Page 17: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

13th month pay -

1/12 of the total basic salary earned within the calendar year.

Separation pay -

½ or 1 month pay per year of service for authorized causes of separation.

Page 18: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Optional Retirement Compulsory Retirement- 60 years old - 65 years old- 5 years service- no retirement plan

Retirement pay -22.5 days salary per year of service for optional retirement at 60 under RA 7641 or under applicable agreement. RETIREMENT PAY = daily rate x 22.5 x years of service

RETIREMENT PAY RETIREMENT PAY –– NOT APPLICABLENOT APPLICABLE

Page 19: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Employment of Children

Minimum employable age is 15 years. A worker below 15 should be directly under the sole responsibility of parents or guardians; work does not interfere with child’s schooling/normal development; with work permit from DOLE

No person below 18 can be employed in a hazardous or deleterious undertaking

Page 20: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Safe and Healthful Conditionsof Work and Welfare services

Proper illumination and ventilation, fire exits and extinguishers, occupational health personnel and services, family welfare/ family planning services at the workplace, etc.

Page 21: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

ECC Benefits for Work-Related Contingencies

Medical benefits for sickness/ injuries

Disability benefits

Rehabilitation benefits

Death and funeral benefits

Pension benefitsSSS Benefits

Maternity, sickness, disability, retirement, death and pension benefits

BENEFITS BENEFITS –– PAID BY THE GOVERNMENTPAID BY THE GOVERNMENT

Page 22: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

Workers cannot be dismissed without just or authorized causes, and due process.

Workers shall be made regular after 6 months probation.

Right to Security of Right to Security of TenureTenure

Page 23: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

COMPLIANCE GUIDE

Applicable Labor Standards Retail & Service Establishments

Non-Agriculture Reference(Page no.)Employing 1 to 5

workersEmploying 1 to 9

workersMinimum Wage 1

Holiday pay N/A N/A 7

Premium pay 12

Overtime pay 15

Night shift pay N/A 17

Service charge 20

Service incentive leave N/A N/A 21

Maternity leave 23

Paternity leave 24

Parental leave 26

Leave for victims against women & children 28

13th month pay 30

Separation pay 33

Retirement pay N/A N/A 35

ECC benefits* 38

PhilHealth benefits* 41

SSS benefits* 46

*will be paid by the Government

Page 24: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]
Page 25: WORKERS’ BENEFITS...WORKERS’ BENEFITS FOR RETAIL & SERVICE ESTABLISHMENTS employing 1 to 9 workers Federation of Filipino-Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]

For more information, For more information, visit or contact: visit or contact:

DOLE DOLE –– Regional/Provincial OfficesRegional/Provincial Officesor or

WEBSITE:WEBSITE:www.dole.gov.phwww.dole.gov.ph

DOLE CALL CENTER:908-2917

In Metro Manila:DOLE - National Capital Region

NCR Bldg. (formerly WASMIYA Bldg.)967 Maligaya St., Malate, Manila

339339--2013 / 3392013 / 339--20172017Fax: 400Fax: 400--62416241