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LABOREL • Did not go to work

No work no pay, unless there is a


Regular Holiday Pay favorable company policy, practice, or
• Did not go to work collective bargaining agreement
Basic wage/Daily rate + Cost of (CBA) granting payment on a special
Living Allowance (COLA) day.
(P512+P10) = P522
• Worked 8 hours
[(Daily rate x 1.3) + COLA]
• Worked 8 hours [(64 x 1.3) + 10] = 675.6
(Daily rate + COLA) x 2
( P512 + P10) = P522 x2 = P1,044 • Worked overtime (i.e. more than 8
hours)
[(Daily rate x 1.3) + COLA] + (Daily
• Worked overtime (i.e. more than 8 rate x 1.69 x Number of excess hours)
hours) [ 675.6] + (64 x 1.69 x 2 hours OT) =
[(Basic wage + COLA) x 2] + (Basic 216.32 = 891.92
hourly rate x Number of excess hours
x 2.6) • Worked 8 hours on a rest day (special
Overtime: 2 hours (P512+P10)x2 = non-working day and rest day at the
1,044 same time)
64/per hour x 2 hours x 2.6= 332.8 [(Daily rate x 1.5) + COLA]
Total: P 1, 376.8 (768)+10 = 778

• Worked overtime on a rest day


(special non-working day and rest day
• Did not go to work at the same time)
Basic wage/Daily rate + Cost of [(Daily rate x 1.5) + COLA] + (Basic
Living Allowance (COLA) hourly rate x 1.95 x Number of excess
(P512+P10) = P522 hours)
(778)+ (64 x 1.95 x 2 hours OT)
=249.6 = 1,027.6
• Worked 8 hours
(Daily rate + COLA) x 2
( P512 + P10) = P522 x2 = P1,044
Service Charge

• Worked overtime (i.e. more than 8 - The rule shall apply only to establishments
hours) collecting service charge
[(Basic wage + COLA) x 2] + (Basic Employee Coverage: All employees of
hourly rate x Number of excess hours covered employers, regardless of their
x 2.6) positions, designation or employment status,
Overtime: 2 hours and irrespective of the method y which their
(P512+P10)x2 = 1,044 wages are paid except managerial employees.
64/per hour x 2 hours x 2.6= 332.8 How much is a service charge?
Total: P 1, 376.8 • All service charges collected are to be
distributed at the rate of 85 percent for
Special Non-Working Holiday the employees, and 15 percent for the
management.
• In case the service charge is abolish,
the service charges of the employees
• Shall be appropriated equally among shall be integrated in their wages.
all employees, regardless of position Integration shall be based on the
or employment status who are average monthly share of each
receiving 2,000 pesos per month or employee for the past twelve months
less.* immediately preceding the abolition
of the service charge
Leave may be extended without pay on
• Shares shall be distributes and paid to account of illness medically certified
the employees not less than once to arise out of the pregnancy, delivery,
every two weeks or twice a month at abortion or miscarriage, which renders
intervals not exceeding 16 days the woman unfit for work*
The maternity leave shall be paid by the
employer for the first 4 deliveries by a
• In case the service charge is abolish, woman employee
the service charges of the employees
shall be integrated in their wages.
Integration shall be based on the
RA 7322 amended
average monthly share of each
employee for the past twelve months
immediately preceding the abolition The maternity leave shall be paid by the
of the service charge employer for the first 4 deliveries by a
woman employee

Maternity Leave
Distribution:
• All service charges collected are to be
distributed at the rate of 85 percent for 1. Employees shall have notified the
the employees, and 15 percent for the employer of her pregnancy and the
management. probable date of her childbirth

2. That the payment shall be advanced


• Shall be appropriated equally among by the employer in two equal
all employees, regardless of position installments within 30 days from the
or employment status who are filing of maternity leave application
receiving 2,000 pesos per month or
less.* 3. In case of cesarean delivery, the
employee shall be paid daily maternity
benefit for 78 days
• Shares shall be distributes and paid to
the employees not less than once 4. That payment of daily maternity
every two weeks or twice a month at benefit shall be a bar to the recovery
intervals not exceeding 16 days of sickness benefits provided by this
Act for the same compensable period
of sixty days for the same childbirth, If the violation is committed by a corporation,
miscarriage or abortion trust or firm, partnership, association or any
other entity, the penalty of imprisonment shall
5. The maternity benefits shall be only be imposed on the entity's responsible
for the first four deliveries officers, including, but not limited to, the
president, vice-president, chief executive
6. The SSS shall immediately reimburse officer, general manager, managing director
the employer of 100% of the amount or partner directly responsible therefor.
of maternity benefits advanced to the
employee by the employer upon
Solo Parent’s Welfare Act
receipt of satisfactory proof of such
payment and legality
7. That if an employee should give birth - provides for benefits and privileges to solo
or suffer abortion or miscarriage parents and their children. It aims to
without the required develop a comprehensive package of social
contributions having been remitted development and welfare services for solo
for her by her employer to the SSS, or parents and their children to be carried out
without the latter having been by the Department of Social Welfare and
previously notified by the employer Development (DSWD), as the lead agency,
of the time of the pregnancy, the various government agencies including
employer shall pay to the SSS NSO and other related NGOs.
damages equivalent to the benefits
which said employee would
otherwise have been entitled to, and - Who are qualified:
the SSS shall in turn pay such amount 1. A woman who gives birth as a result of
to the employee concerned. rape and other crimes against chastity even
without a final conviction of the offender,
Paternity Leave provided that mother keeps and raises the
child.
• Benefits granted to a married male 2. Parent left solo or alone with the
employee responsibility of parenthood due to the
following circumstances:
• 7 days of leave with full compensation
for first 4 deliveries of the legitimate
spouse a.Due to death of spouse.

Penalty to employer: b. Spouse is detained or is


serving sentence for a criminal
conviction for at least one (1) year.
Fine not exceeding Twenty-five thousand
pesos (P25,000) or imprisonment of not less c. Physical and/or mental
than thirty (30)days nor more than six (6) incapacity of spouse as certified by
months. a public medical practitioner.
d. Legal separation or de - Parental leave: In addition to leave
facto separation from spouse for at privileges under existing laws, parental
least one (1) year, as long as he/she leave of not more than seven (7) working
is entrusted with the custody of the days every year shall be granted to any
children. solo parent employee who has rendered
service of at least one (1) year.
e. Declaration of nullity
or annulment of marriage as
decreed by a court or by a church
-
as long as he/she is entrusted with
the custody of the children.

3. Unmarried mother/father who has preferred


to keep and rear her/his child/children instead
of having others care for them or give them
up to a welfare institution.

4. Any other person who solely provides


parental care and support to a child or
children.

5. 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.

- Flexible Work Time Schedule (section 6):


The employer shall provide for a flexible
working schedule for solo parents:
Provided, That the same shall not affect
individual and company productivity:
Provided, further, That any employer may
request exemption from the above
requirements from the DOLE on certain
meritorious grounds.

- Work Discrimination:No employer shall


discriminate against any solo parent
employee with respect to terms and
conditions of employment on account of
his/her status.

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