Labor Law Reviewer

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I. Labor standard V.

Paternity Leave
It can always go up but never down  7 days
 Limited to 4 kids
Minimum wage RA 6727
 Conditions: married and cohabitation.
Lowest standards pay of labor. (According to the law)
VI. Solo Parent Leave
570
 7 days per year
 Non- agricultural  Need Solo Parent ID
 More than 10 employees  Non-convertible to cash

533 VII. Leave for victims of violence against women and


their children.
 Less than 10 employees
 Agricultural  10 Days
 Small business/retail  Requires a police report or blotter.

II. Holiday, Premium, Overtime, and Night Differential VIII. Special Leave for women
Pay
 Female employee of any age and civil status.
Holiday pay  Conditions: any surgery on their gynecology
area and breasts
R= Regular  Up until to 2 months depending on the
 Payment of regular holiday recovery.
 if worked x2 / 200% IX. 13th month pay (PD 851)
 if not worked 100% (worked on last working
day)  On or before December 24
 Total earning within the year divided by 12
Premium Pay  Only to rank and file employee
 Special non-working day/ Rest Day Formula: total basic salary earned during the year
 No work, no pay
 If worked +30% / 130% 12 months
Overtime Pay = 13th months pay
 Exceed to 8hrs of working X. Separation Pay
 + 25% (regular workdays)
 Termination = no pay
 +30% ( regular holiday, rest day, special non-
working day) Causes of Separation pay 1/2 month per year of service
(13)
Formula: Rate/8hrs= 71.25
 Retrenchment
71.25 X 125%X # hrs. of OT = N
 Closure (not bankruptcy)
III. Service Incentive Leave  Non-curable disease within 6 months
 Lack of position
 5 days per year
 Convertible to cash Formula: Rate X 13 X year of service
IV. Maternity Leave Causes of Separation pay 1 month per year of service
(26)
 Give birth (105 days, applicable to unlimited
children)  Redundancy
 Miscarriage (60 days)  Machinery replace person
 Can add another 30 days but without pay  Impossible to reinstatement his/her position
 Not included in 13th month pay computation  Lack of service assignment for guard due to age.
because paid by SSS
Formula: Rate X 26 X year of service
XI. Retirement Pay
 Optional 60 years old
 Mandatory 65 years old
 Applicable if worked in the company for 5 years
Formula: 22.5 X Rate X year of service
Reklamo:
DOLE/ Department of Labor and Employment
 Employee-Employer Relationship
National Labor Relation Commission
 Resigned / Terminated
National Conciliation Mediation Board
 Union
SEnA
Single Entry Approach Program
Service charge
 20-25% in restaurants
7 benefits of SSS
1. Sickness Benefits
2. Maternity Benefits
3. Disability Benefits
4. Retirement Benefits
5. Death Benefits
6. Funeral Benefits
7. Unemployment Benefits (15k)
o Needs company Lay-offs Certificate
(for authorized cause only)

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