No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation: Art. Coverage 22 ... Directory of DOLE-NCR Field Offices 68 The Bureau of Working Conditions 69 . Written by Marc Adrian. Art. Art. Family planning services; incentives for family planning. General Luna St., Intramuros, Manila, 1002, Philippines. The filing of the appeal does not stay the order unless the person appealing such order shall file with the Commission, an undertaking with a surety or sureties satisfactory to the Commission for the payment to the employees affected by the order of the corresponding increase, in the event such order is affirmed. Overtime work. (As amended by Republic Act No. Art. Facilities for women. Service charges. 144. 93. ARTICLE 101. Is it a rest day, a regular holiday, or a special non-working day? The provisions of this Title shall apply to employees in all establishments and undertakings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations. 128. The main question you have to ask is: what kind of non-working day is this? (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. The share of the employees shall be equally distributed among them. 86. ARTICLE 127. Night Differential Every employee is entitled to a Night Differential or Night shift pay of not less than 10% of his regular wage for each hour of work performed between 10pm and 6am. In one case, the Supreme Court found that the concerned supervisors are officers and members of the managerial staff and are therefore not entitled to overtime pay (National Sugar Refineries Corp. vs. NLRC,220 SCRA 452).Yet, a scrutiny of the said decision would reveal that not all those identified or tagged as supervisors are excluded from the provisions of the Labor Code on overtime pay. Prohibition against child discrimination. Time of payment. Any party aggrieved by the Wage Order issued by the Regional Board may appeal such order to the Commission within ten (10) calendar days from the publication of such order. 6725, May 12, 1989). ARTICLE 104. Any such sum not paid to the employee or househelper because he cannot be located after diligent and reasonable effort to locate him within a period of three (3) years, shall be held as a special fund of the Department of Labor and Employment to be used exclusively for the amelioration and benefit of workers. Prohibition against injunction. The employer may keep such records as he may deem necessary to reflect the actual terms and conditions of employment of his househelper, which the latter shall authenticate by signature or thumbmark upon request of the employer. It shall be unlawful to make any deduction from the wages of any employee for the benefit of the employer or his representative or intermediary as consideration of a promise of employment or retention in employment. There is hereby created a National Wages and Productivity Commission, hereinafter referred to as the Commission, which shall be attached to the Department of Labor and Employment (DOLE) for policy and program coordination. – Whenever an employer enters into a contract with another person for the performance of the formers work, the employees of the contractor and of the latters subcontractor, if any, shall be paid in accordance with the provisions of this Code. ARTICLE 108. Meal periods. ARTICLE 149. ARTICLE 118. ARTICLE 102. 105. (d) To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like. 153. Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations. – The normal hours of work of any employee shall not exceed eight (8) hours a day. According to DOLE, all employees working at night shift are granted with night differential pay except for some provisions. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. ARTICLE 113. Recovery of wages, simple money claims and other benefits. Chapter III HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES. In the event that the contractor ormsubcontractor fails to pay the wages of his employees in accordance with this Code, the employer shall be jointly and severally liable with his contractor or subcontractor to such employees to the extent of the work performed under the contract, in the same manner and extent that he is liable to employees directly employed by him. 113. Creation of Regional Tripartite Wages and Productivity Boards. (As amended by Republic Act No. ARTICLE 109. HI Madam, Isa po akong factory worker. Weekends–Saturday and Sunday–are usually allotted as rest days. – Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. ARTICLE 153. Chapter V WAGE STUDIES, WAGE AGREEMENTS AND WAGE DETERMINATION. No wage order issued by any regional board shall provide for wage rates lower than the statutory minimum wage rates prescribed by Congress. 110. 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 124. Direct payment of wages. Art. They just told me to go on Duty without any reason. 116. Contract of domestic service. – (a) In cases of unlawful withholding of wages, the culpable party may be assessed attorneys fees equivalent to ten percent of the amount of wages recovered. Prohibition against elimination or diminution of benefits. I want to know please if my employer a BPO company in BGC have violated the Labor code because of my case? Emergency overtime work. Compensation for rest day, Sunday or holiday work. The payment of wages under this Article shall absolve the employer of any further liability with respect to the amount paid. However, not all employees are entitled to night shift differential. 84. ARTICLE 103. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. Househelpers shall be paid the following minimum wage rates: Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Parañaque, Las Piñas, Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities; Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and. Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter. Title I WORKING CONDITIONS AND REST PERIODS. “Person” means an individual, partnership, association, corporation, business trust, legal representatives, or any organized group of persons. Feel free to download the infographic below for your business’ payroll needs. Simply consult this table every payroll period for quicker calculations. 10361, AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKERS. ARTICLE 132. In this article, we will be teaching you how to compute for your night differential. Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency; To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women; To establish a nursery in a workplace for the benefit of the women employees therein; and. As used herein, a wage distortion shall mean a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiation. The employer may require from any woman employee applying for maternity leave the production of a medical certificate stating that delivery will probably take place within two weeks. The minimum wage rates prescribed under this Chapter shall be the basic cash wages which shall be paid to the househelpers in addition to lodging, food and medical attendance. 112. Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation. Art. (i) To exercise such powers and functions as may be necessary to implement this Act. 6727, June 9, 1989). (As amended by Republic Act No. ARTICLE 116. Service of termination notice. However, the FLSA does require that covered, nonexempt workers be paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek. 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. The members of the Commission representing labor and management shall have the same rank, emoluments, allowances and other benefits as those prescribed by law for labor and management representatives in the Employees Compensation Commission. ARTICLE 142. 6 6. In the determination of such regional minimum wages, the Regional Board shall, among other relevant factors, consider the following: The wages prescribed in accordance with the provisions of this Title shall be the standard prevailing minimum wages in every region. No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except: Art. C. computation of night shift overtime hourly rate: 1.1 x ( 1.30 x ). Without compensation: Art include any profit to the foregoing as determined by the Secretary of and...... ( DOLE ) for policy and program coordination = Php 89.375/hour,. 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