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Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
Lecture Nwpc 2 Feb2010
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Lecture Nwpc 2 Feb2010

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Powerpoint presentation from the learning session at BWC-DOLE from Lue-Rjea D. Tumpalan

Powerpoint presentation from the learning session at BWC-DOLE from Lue-Rjea D. Tumpalan

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  • Date: 02 February 2010 Speaker: BWC Nicanor V. Bon NWPC Learning Session: Labor Standards and 2010 Holidays
  • Date: 02 February 2010 Speaker: BWC Nicanor V. Bon NWPC Learning Session: Labor Standards and 2010 Holidays
  • NWPC Learning Session: Labor Standards and 2010 Holidays Date: 02 February 2010 Speaker: BWC Nicanor V. Bon
  • NWPC Learning Session: Labor Standards and 2010 Holidays Date: 02 February 2010 Speaker: BWC Nicanor V. Bon
  • NWPC Learning Session: Labor Standards and 2010 Holidays Date: 02 February 2010 Speaker: BWC Nicanor V. Bon
  • NWPC Learning Session: Labor Standards and 2010 Holidays Date: 02 February 2010 Speaker: BWC Nicanor V. Bon
  • NWPC Learning Session: Labor Standards and 2010 Holidays Date: 02 February 2010 Speaker: BWC Nicanor V. Bon
  • NWPC Learning Session: Labor Standards and 2010 Holidays Date: 02 February 2010 Speaker: BWC Nicanor V. Bon
  • NWPC Learning Session: Labor Standards and 2010 Holidays Date: 02 February 2010 Speaker: BWC Nicanor V. Bon
  • NWPC Learning Session: Labor Standards and 2010 Holidays Date: 02 February 2010 Speaker: BWC Nicanor V. Bon
  • NWPC Learning Session: Labor Standards and 2010 Holidays Date: 02 February 2010 Speaker: BWC Nicanor V. Bon
  • Date: 02 February 2010 Speaker: BWC Nicanor V. Bon NWPC Learning Session: Labor Standards and 2010 Holidays
  • Transcript

    • 1. NWPC Learning Session on Wages and Productivity LABOR STANDARDS and 2010 HOLIDAYS NICANOR V. BON Bureau of Working Conditions Department of Labor and Employment 11Flr., Conference Room, Antonino Bldg., Kalaw St. Ermita, Manila 2 February 2010
    • 2. What are Labor Standards
      • the minimum requirements
      • prescribed by existing laws, rules and regulations relating to wages, hours of work, allowances and other monetary and welfare benefits, including those set by occupational safety and health standards.
      Bureau of Working Conditions
    • 3. HOURS of WORK Bureau of Working Conditions
    • 4. Normal Hours of Work
      • not to exceed 8 hours a day.
      H ours worked shall include:  A ll time during which an employee is required to be on duty or to be at a prescribed workplace.  A ll time during which an employee is suffered or permitted to work. Bureau of Working Conditions
    • 5. Meal and Rest Periods
      •  not less than 60 mins. time-off for regular meals. [non-compensable]
      • -
      •  Rest periods or coffee breaks running from 5 to 20 mins. are compensable working time.
      Bureau of Working Conditions
    • 6. Weekly Rest Periods
      •  not less than 24 consecutive hours after every
      • 6 consecutive normal work days.
      • The employer shall determine and schedule the weekly rest day of his employees. He shall, however, respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.
      Bureau of Working Conditions
    • 7.
      • RULES FOR PAY
      • ON
      • REGULAR HOLIDAYS
      • AND
      • SPECIAL DAYS
      Bureau of Working Conditions
    • 8. For Regular Holidays
      • Holiday Pay - payment of regular daily wage for any unworked regular holiday.
            • if unworked - 100% of the regular daily wage
            • if worked - 200% of the regular daily wage - 200% + 30% or a total of 260%
            • (regular holiday falling on rest day)
      • Condition for entitlement:
            • present or on leave with pay on the workday prior to the holiday.
      Bureau of Working Conditions
    • 9. Regular Holidays [ RA 9492 ]
      • New Year’s Day January 1
      • Maundy Thursday Movable date
      • Good Friday Movable date
      • Araw ng Kagitingan Monday nearest April 9
      • Labor Day Monday nearest May 1
      • Independence Day Monday nearest June 12
      • National Heroes Day Last Monday of August
      • Bonifacio Day Monday nearest Nov. 30
      • Eidul Fitr Movable date
      • Christmas Day December 25
      • Rizal Day Monday nearest Dec. 30
      Bureau of Working Conditions
    • 10. For Special Days
      • Premium Pay - additional compensation for work performed within 8 hours on a special day.
          • if unworked - no pay, unless there is favorable company policy, practice or CBA
          • if worked - plus 30%
          • - plus 50% [ special day falling on rest day ]
      • National Special Days (RA 9492):
          • Ninoy Aquino Day Monday nearest Aug. 21
          • All Saints Day November 1
          • Last Day of the Year December 31
      Bureau of Working Conditions
    • 11. For Special Working Days
      • For work performed, an employee is entitled only to his basic rate.
      • No premium pay is required since work on said days is considered work on ordinary working days.
      Bureau of Working Conditions
    • 12. 2010 Regular Holidays (Proclamation 1841)
      • New Year’s Day January 1
      • Maundy Thursday April 1
      • Good Friday April 2
      • Araw ng Kagitingan April 9 (Friday)
      • Labor Day May 1 (Saturday)
      • Independence Day June 14 (Monday)
      • National Heroes Day August 30 (Monday)
      • Bonifacio Day November 29 (Monday)
      • Eidul Fitr No proclamation yet
      • Christmas Day December 25 (Saturday)
      • Rizal Day December 27 (Monday)
    • 13. 2010 Special D ays (Proclamation 1841)
      • Ninoy Aquino Day August 23 (Monday)
      • All Saints Day November 1 (Monday)
      • Additional Special Day December 24 (Friday)
      • Last Day of the Year December 31 (Friday)
      Special Holiday for all schools EDSA Revolution February 22 (Monday Anniversary nearest February 25)
    • 14. Other provisions of Proclamation 1841
      • Eid’l Fitr – date of observance to be declared later by the President. (Regular Holiday)
      • Eid’l Adha – to be declared a national holiday by the President based on the recommendation of OMA as to the date of observance.
    • 15. Overtime Pay [ Art. 87 ]
      • additional compensation for work performed beyond 8 hours.
          • 25% - ordinary work days
          • 30% - rest days, special days &
      • regular holidays
      Bureau of Working Conditions
    • 16. Night Shift Pay [ Art. 86 ]
      • additional compensation for work performed between 10 pm and 6 am.
        • 10% or regular for each hour of work
      Bureau of Working Conditions
    • 17. Payment of Wages Forms of Payment  shall be paid in legal tender . Payment by check or thru ATM - allowed where the following conditions are met:  with written consent of employees.  bank or ATM facility within 1 km from workplace.  Employees are given reasonable time during banking hours to withdraw wages from bank facility. Bureau of Working Conditions
    • 18. Payment of Wages cont… Time of Payment  not less often than once every 2 weeks or twice a month at intervals not exceeding 16 days.  at or near the place of undertaking. Place of Payment Bureau of Working Conditions
    • 19. Payment of Wages cont… Direct Payment of Wages
      •  shall be made direct to the employee.
      • Exceptions :
        • Employer is authorized in writing by employee to pay wages to a member of his family.
        • Payment to another person of any part of the employee’s wages is authorized by existing law.
        • Employee’s death.
      Bureau of Working Conditions
    • 20. Prohibitions on Wages
      • Non-interference in disposal of wages
      • Withholding of wages and kickbacks prohibited
      • Deduction to ensure employment
      • Retaliatory measures
      • False reporting
      Bureau of Working Conditions
    • 21. Wage Deduction
      • Employer should not make any deduction from wages of employees.
      • Exceptions:
        • authorized by law.
        • with written authorization of employees for payment to a third person and the employer agrees to do so.
      Bureau of Working Conditions
    • 22. Deposits/Deductions for Loss or Damages
      • Conditions:
      • Employee is clearly shown to be responsible for the loss or damage.
      • Employee is given reasonable opportunity to show cause why deduction should not be made.
      • Amount of deductions is fair and reasonable and shall not exceed the actual loss or damage.
      • Deduction from wages/salaries does not exceed 20% of the employee’s wages in a week.
      Bureau of Working Conditions
    • 23. THE USE OF FACTORS Guidelines for the Computation of the Estimated Equivalent Monthly Rate (EEMR) of Monthly-Paid and Daily-Paid Employees Bureau of Working Conditions
    • 24. Distinction b/w Monthly-Paid and Daily-Paid Employees
      • Monthly-Paid Employees - paid every day of the month, including unworked rest days, special days and regular holidays.
      • Daily-Paid Employees - paid on the days they actually worked except unworked regular holidays when they are paid their basic wage if they are present or on leave with pay on the workday before the regular holiday.
      Bureau of Working Conditions
    • 25. Procedure in Computing the EEMR of Monthly-Paid Employees: Applicable Daily Rate x 365 12 = EEMR 365 days/year : 299 ordinary workdays 52 rest days 11 regular holidays 3 special days 365 Total equivalent no. of days/year Bureau of Working Conditions
    • 26. For those who work everyday including Rest Days, Special Days & Regular Holidays 392.50 days/year : 299 ordinary workdays 22 eleven regular holidays x 200% 67.60 52 rest days x 130% 3.90 3 special days x 130% 392.50 Total equivalent no. of days/year Applicable Daily Rate x 392.50 12 = EEMR Bureau of Working Conditions
    • 27. For those who do not work and are not paid on Sundays or Rest days 313 days/year : 299 ordinary working days 11 regular holidays 3 special days (if considered paid; if actually worked = 3.9 days) 313 Total equivalent no. of days/year Applicable Daily Rate x 313 12 = EEMR Bureau of Working Conditions
    • 28. For those who do not work and are not paid on Saturdays & Sundays or Rest days Applicable Daily Rate x 261 12 = EEMR 261 days/year : 247 ordinary working days 11 regular holidays 3 special days (if considered paid; if actually worked = 3.9 days ) 261 Total equivalent no. of days/year Bureau of Working Conditions
    • 29. LEAVE BENEFITS Bureau of Working Conditions
    • 30. Service Incentive Leave [ Art. 95 ]
      • employees who rendered 1 year of service are entitled to 5 days leave with pay.
      • 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.
      Bureau of Working Conditions
    • 31. Maternity Leave [ RA 8282 ]
      • Coverage
      • Female employee who has paid at least 3-monthly contributions in the 12-month period prior to child birth or miscarriage, and who is currently employed.
      • Benefit
      • The daily maternity benefit is equivalent to 100% of her average daily salary credit.
      •  60 days for normal delivery or miscarriage
      •  78 days Caesarian section delivery
      Bureau of Working Conditions
    • 32. Paternity Leave [ RA 8187 ]
      • Coverage - MARRIED male employees
      • Benefit
        • 7 days leave with pay for the 1 st four deliveries of his lawful wife.
      • Conditions for entitlement
        • employee at the time of delivery of his child.
        • cohabiting with spouse at the time of delivery or miscarriage.
        • applied for paternity leave w/n reasonable period.
        • his wife has given birth or suffered a miscarriage.
      Bureau of Working Conditions
    • 33. Parental Leave of Solo Parents [ RA 8972 ]
      • Coverage
      • Any individual under the 10 categories provided by law
      • Benefit
      •    7 working days with pay
      • Conditions for Entitlement
        • rendered 1 year of service.
        • notified employer of usage within a reasonable time.
        • presented a Solo Parent ID Card to employer which may be obtained from the DSWD Office of the City or municipality of residence.
      Bureau of Working Conditions
    • 34. 10 categories
      • Any individual who is left alone with the responsibility of parenthood due to:
      • 1. giving birth as a result of rape or crimes against chastity.
      • 2.  death of spouse.
      • 3. spouse is detained, or is serving sentence for a criminal conviction for at least 1 year.
      • 4. physical and/or mental incapacity of spouse as certified by a public medical practitioner.
      • declaration of nullity or annulment of marriage.
      Bureau of Working Conditions
    • 35.
      • 6. legal separation or de facto separation from spouse for at least 1 year.
      • 7. abandonment of spouse for at least 1 year.
      • 8. Unmarried mother/father who has preferred to keep and rear the children.
      • 9. Any other person who solely provides parental care and support to a child provided he/she is licensed as foster parent or appointed legal guardian.
      • 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 for at least 1 year.  
      10 categories cont… Bureau of Working Conditions
    • 36.
      • V iolence A gainst W omen & their C hildren (VAWC)
      • - any act or a series of acts committed by any person 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 will result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuses including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.
      Leave for Victims of VAWC [ RA9262 ] Bureau of Working Conditions
    • 37. Leave for Victims of VAWC cont…
      • Benefit
        • leave with pay up to 10 days, extendible when the necessity arises as specified under the protection order.
      • Requirement for entitlement
        • certification from the Punong Barangay or kagawad, or Prosecutor or the Clerk of Court, as the case may be, that an action is pending.
        • Availment – option of the woman employee
      • Circumstances for availment
        • Medical and legal concerns
      Bureau of Working Conditions
    • 38. Special Leave of Women [ RA 9710 ]
      • SEC. 18. Special Leave Benefits of 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 compensation following surgery caused by gynecological disorders.
      • Signed into law by PGMA : August 14, 2009
      • Published at PDI & Malaya : August 31, 2009
      • Took effect on : September 15, 2009
      Bureau of Working Conditions
    • 39. 13 th Month Pay [ PD 851 ]
      • Coverage
      • Rank-and-file employees who worked for at least 1 month during a calendar year, regardless of :
          • amount of basic salary receive per month
          • designation or employment status
          • method by which wages are paid
      • Minimum amount of 13th month pay:
      • not less than 1/12 of the total basic salary earned by an employee within a calendar year.
      Bureau of Working Conditions
    • 40. 13 th Month Pay cont…
      • Definition of “basic salary”
        • includes all remunerations or earnings paid by his employer for services rendered.
        • NOT included are allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as:
          • cash equivalent of unused vacation leave and sick leave credits.
          • overtime, premium, nightshift differential and holiday pay.
          • cost-of-living allowances.
      Bureau of Working Conditions
    • 41. 13 th Month Pay cont…
      • Time of payment :
      • not later than December 24 of each year.
      • employer may give 1/2 of the 13th month pay before the opening of the regular school year and the other half on or before December 24 of every year.
      • frequency of payment may be the subject of agreement
      Bureau of Working Conditions
    • 42. 13 th Month Pay cont…
      • 13th Month Pay of Resigned or Separated Employee
      • proportionate to the length of time worked during the year reckoned from the start of work during the calendar year up to the time of resignation or termination from the service.
      • Formula:
      • Total Basic Salary
      • = 13 th Month Pay
      • 12 months
      Bureau of Working Conditions
    • 43. Separation Pay [ Articles 283-294 ]
      • One-Half (1/2) Month Pay Per Year of Service
        • Retrenchment to prevent losses
        • Closure or cessation of operation of an establishment not due to serious losses or financial reverses
        • disease of an employee not curable within six (6) months and his continued employment is prejudicial to his health or to the health of his co- employees
      Bureau of Working Conditions
    • 44.
      • One (1) Month Pay Per Year of Service
        • Installation of labor-saving devices
        • Redundancy
        • When an employee is illegally dismissed but reinstatement is no longer feasible
      Separation Pay cont… NOTE: In computing separation pay - basic salary + regular allowances Bureau of Working Conditions
    • 45. Retirement Pay [ RA 7641 ]
      • Coverage :
        • all employees regardless of their position, designation or status and irrespective of the method by which their wages are paid.
        • includes part-time employees, employees of service and other job contractors and domestic helpers or persons in the personal service of another.
      • Optional Retirement : Compulsory Retirement :
        • 60 years old  65 years old
        • 5 years service
        • no retirement plan
      Bureau of Working Conditions
    • 46. Retirement Pay cont… Amount of Retirement Pay : “one-half month salary” Component of “one-half month salary”:  15 days salary  cash equivalent of 5 days of SIL  1/12 of the 13th month pay or a total of 22.5 days [ Capitol Wireless, Inc. vs. Sec. Confesor, Nov. 13, 1996 ] Formula : Minimum retirement pay = Daily Rate x 22.5 days x years in service Bureau of Working Conditions
    • 47. Retirement Pay cont...
      • Total Benefits a retired employee should receive from employer at the time of retirement:
        • Retirement pay (RA 7641)
        • Proportionate 13th month pay
        • Cash equivalent of leave benefits, if demandable
      Bureau of Working Conditions
    • 48. have a nice day….. THANK YOU ! Bureau of Working Conditions
    • 49. For more information, visit or contact:
      • DOLE – Regional/Provincial Offices
      • or
      • WEBSITE:
      • www.dole.gov.ph
      In Metro Manila: DOLE - National Capital Region NCR Bldg. (formerly WASMIYA Bldg.) 967 Maligaya St., Malate, Manila 339-2013 / 339-2017 Fax: 400-6241 DOLE CALL CENTER: 908-2917 Bureau of Working Conditions

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