Rsel 2012

LABOR CODE
Compensation
Article 86: Night Differential 10% of regular wage for each hour of work performed between 10pm-6am. If it is an Overtime work, the 10% night differential should be based on his overtime rate. o 10% of (regular hourly work + 25%) Article 87: Overtime Work Regularly hourly rate + 25% If Holiday: hourly rate during holiday + 25% Article 93: Compensation for Rest day, Sunday or Holiday Rest day: 30% of regular hourly rate Sunday: 30% of regular hourly rate Special Holiday: 30% of regular hr rate o If it is also Rest day: 50% Article 94: Right to Holiday Pay Employees shall be given regular wage on holiday (even if they did not report for duty) Article 99: Regional Minimum Wage Prescribed by the Regional Tripartite Wages and Productivity Boards. Article 100: Prohibition against or Diminution of Benefits Nothing can be construed to eliminate or in any way diminish supplements, or other employee benefits being enjoyed at the time of promulgation of LC.

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Gross and habitual Neglect by the employee of his duties Fraud or wilful breach by the employee of the trust of the employer Commission of Crime Analogous Causes

Due Process Requirements: o Two written notices before terminating the employee Notice which apprises the employee of the particular act or omission for which his dismissal is sought. The subsequent notice which informs the employee of the employers decision to dismiss him.

Authorized Causes Article 283: Closure of Establishment and reduction of Personnel - Employer may terminate employee due the following: o Automation o Redundancy o Retrenchment o Closure o Cessation o Sale in Good faith Article 284 Disease as Ground for Termination An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his coemployees. Provided: o That he is paid separation pay equivalent to atleast: One month salary or to salary for every year of service, whichever is greater.

Employer and Employee Compensation

Just Causes of Termination Article 282: Termination by Employer - An employers may terminate an employment for any of the following causes: o Serious Misconduct o Willful Disobedience