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Title I Working Conditions and Rest Periods

SUMMARY OF BENEFITS PAYABLE TO PIECE-


Inclusion: Employees in all establishments and undertakings whether for profit or not
RATE WORKERS
1. Statutory Minimum Wage
Exclusions: (GM FM DPW) 2. Service Incentive Leave
1. Government employees 3. Night Shift Differential Pay
2. Managerial employees 4. Holiday Pay
3. Field personnel 5. Meal and Rest Periods
4. Members of the family of the employer who are dependent on him for support 6. Overtime (Conditional)
5. Domestic helpers 7. Premium Pay (Conditional
6. Persons in personal service of another 8. 13th Month Pay
9. Others, as may be granted by law
7. Workers who are paid by results as determined by the SoLE in appropriate regulations
Ch. I Hours of Work Ch. II Weekly Rest Period Ch. III. Holidays, Service Incentive Leaves and Service Charges

HOLIDAY PAY SERVICE INCENTIVE SERVICE CHARGE


(EO 203, as amended) LEAVE
Normal Hours of Work Overtime Work GR: ALL Employees Additional XPN: (AV10) Applies only to:
Right to Weekly Rest Day XPN: (G10 DMF) a. Those already a. Hotels, restaurants,
Night Shift Differential Compensation for Rest a. Those of the government and any enjoying the benefit; lodging houses, night
Day, Sunday or Holiday of the political subdivision, b. Those enjoying clubs, cocktail lounge,
Work including GOCCs vacation leave with massage clinics, bars,
b. Those of retail and service pay of at least five (5) casinos and gambling
establishments regularly days; and houses
Premium Pay employing less than 10 workers; c. Those employed in b. Similar enterprises
GR: All Employees c. Domestic helpers and persons in establishments including those
XPN: (GM HPF) the personal service of another; regularly employing entities operating
a. Those of the government and any of the political d. Managerial employees and less than 10 primarily as
subdivision, including GOCCs; officers or members of the employees; or subsidiaries of the
b. Managerial employees as defined in Book III managerial staff as defined in d. Establishments Government
c. Househelpers and persons in the personal service of Book III exempted from GR: Apply to ALL EE of
another e. Field personnel and other granting this benefits covered ER
d. Workers who are paid by results, including those who are employees whose time and by the SoLE XPN: Managerial
paid on piece-rate, takay, pakyaw, or task basis, and other performance is unsupervised by Employees
none time work, if their output rates are in accordance with the employer including those who
the standards prescribed in the regulations, or where such are engaged on task or contract
rates have been fixed by the SoLE basis purely commission basis, or
e. Field personnel, if they regularly perform their duties away those who are aid a fixed amount
from the principal or branch office or place of business of for performing work irrespective
the ER and whose actual hours of work in the field cannot of the time consumed in the
be determined with reasonable certainty performance thereof
Title II Wages

Minimum Wage Payment of Wages Prohibitions Wage Studies, Wage Administration and
Regarding Wages Agreements and Enforcement
Wage Determination
Automatic Exception: (DoBLA) Exclusions: (FHH CoCo)
1. Domestic Helpers/Kasambahay 1. Farm tenancy or leasehold;
2. Workers of registered Barangay Micro Business Enterprise 2. Household or domestic helpers including family drivers and other persons in the
with Certificates of Authority issued by the Office of the personal service of another
Municipal or City Treasurer 3. Homeworkers engaged in needlework
3. Learners 4. Workers in registered Cottage industries who actually work at home
4. Apprentices 5. Workers in registered Cooperatives when so recommended by the Bureau of
Cooperative Development upon approval of Secretary of Labor
Exemptions upon Approval: (Dis 10NeNa)
1. Distressed establishments
2. Retail/Service establishments regularly employing not more
than 10 workers
3. New business enterprise
4. Establishments adversely affected by Natural calamities
Title III Working Conditions for Special Groups of Employees

Employment of Women Employment of Minors Employment of Employment of Employment of Night


Househelpers (now Homeworkers Workers
Kasambahay Law)
13th MONTH PAY
Coverage: ALL EMPLOYERS of employees who worked for at least one (1) month during a calendar year

Exempted Employers: (GAP)


1. Government, its political subdivisions, including GOCCs except those operating essentially as private subsidiaries of the Government;
2. Employers Already paying their employees a 13th month pay or more in a calendar year or its equivalent at the time of this issuance; and
3. Employers of those who are paid on Purely commission, boundary or task basis and those who are paid a fixed amount for performing specific work,
irrespective of the time consumed in the performance thereof
XPN: workers paid on a piece-rate basis, in which case their employer shall grant them 13th month pay
Retirement Pay Law
Exclusion:
When there is a CBA or other applicable employment contract providing for retirement benefits for an employee which is equivalent or more to the
requirements set by law

Coverage: ALL employees in the private sector, regardless of their position, designation, or status and irrespective of the method by which their wages are
paid
Exceptions:
1. Employees covered by the Civil Service Law;
2. Domestic helpers and persons in the personal service of another; and
3. Employees in retail, service and agricultural establishments or operations regularly employing not more than ten employees
Leaves

Maternity Leave Paternity Leave Solo Parent Leave Leave under Anti-VAWC Law SLB under Magna Carta for Women
(NSD - 60 days; CSD - 78 days) (7 days) (7 days) (10 days) (2 months)

1. Employment : A female 1. He is married; 1. He/she has rendered at The victim-employee must 1. She has rendered at least
employee employed at 2. He is an employee at the least one(1) year of present to her employer a 6 months continuous
the time of delivery, time of the delivery of his service ,whether certification from the aggregate employment
miscarriage or abortion child; continuous or broken; barangay chairman or service for the last 12
2. Contribution : Who has 3. He is cohabiting with his 2. He/she has notified barangay councilor or months prior to surgery;
paid at least 3 monthly spouse at the time that his/her employer that he/ Prosecutor or the Clerk of 2. She has filed an
contribution during the she gives birth or suffers a she will avail himself/ Court, as the case may be, application for special
12-month period miscarriage; herself of it within a that an action relative to the leave;
immediately preceding 4. He has applied for reasonable period of time; matter is pending 3. She has undergone
the semester of her paternity leave with his ER 3. He/she has presented to surgery due to
childbirth, or miscarriage within a reasonable period his/her employer a Solo gynecological disorders as
3. Notice : Employee notified of time from the expected Parent Identification Card, certified by a competent
employer of her date of delivery by his which may be obtained physician
pregnancy and the pregnant spouse or within from the DSWD office of
probable date of her such period as may be the city or municipality
childbirth, which notice provided by company where he/she resides
shall be transmitted to the rules and regulations, or
SSS in accordance with the by CBA; and
rules and regulations it 5. His wife has given birth or
may provide suffered a miscarriage