NOTE: 8. Will it not affect the working hours? How?

These are the consolidated oral recitations in Labor Standards 9. Is it allowed to shorten the meal period? Are there
(AY 2017-2018) by the different classes. Being consolidated, a circumstances wherein an employee’s mealtime 
may
lot of questions are repeated. Also, some answers have been be shortened? If yes, is there a D.O which regulates
given. Please note that these are not the 100% guaranteed this? Is it compensable?
correct answers. Please minimize or regulate the sharing 10. If an employee is made to work beyond 6 hours, is he
because WE do NOT want Atty. Marquez to see this. Thank you! entitled to an additional pay? Is there any difference
(CGDP) between overtime pay and premium pay?
11. What is night shift differential?
Why do you think it is
called ‘graveyard shift’?
1. Does the Labor Code allow deduction of wages based 12. What is service incentive leave? How can an
on loss or damage? employee earn it?
2. Are there exceptions to that? 13. What is Service Charge/s? How does it work?
3. What are the conditions? 14. For what purpose is the 15%? How about the 85%?
4. Conditions to observe for wage to be valid 
 15. When does an employer collect service charges?
5. Is it valid that I require my taxi drivers to give cash 16. Are all establishments required to collect service
deposit for breakages? No- Why? 
 charge?
6. Give example of a law that allows cash deposit {see 17. What do you mean by “tip”?
DOLE Dept. 
Advisory No. 11 s. 2014} 18. Classify holiday pay. How do we know whether it is a
7. What is withholding and kickback? regular holiday or special holiday?
8. When is withholding wages permissible under the 19. Can the President move Christmas day to any other
law? day?
9. What workers are excluded in the Labor Code from 20. What you call the pay during regular holiday?
certain benefits? What benefits are they excluded 21. What do you call the pay during special holiday?
from? 22. For double holiday, how much will he earn if he will
10. Is the employer allowed to do deductions in cases of work? If unworked, how much?
loss or damage 23. Are there any employees who are excluded from all the
11. Cite exceptions? benefits that we have mentioned? Enumerate.
12. Cite instances where the employer may be allowed to 24. What is this entitlement to a weekly rest day?
make deductions from loss/damage Regardless of the work schedule? 

13. Does the law allow automatic deduction from the 25. If they have a five-day workweek, would they still be
worker's wage or the employee must be shown to be entitled to a rest day? 

responsible? 26. If an employee is to work on his rest day is he entitled
14. If I’m a taxi operator, I pay my driver in a boundary to additional compensation? What is that called? 

system. Is it valid on my part to require my taxi drivers 27. If the workweek of a company is four days, would the
to come up with a cash deposit so I can use this cash three days be rest days and thus entitle them to
deposit to render in any case of loss or damage? - premium [pay] if they work during such days? 

Which condition is not present in this case? 28. What is this right to a meal period? 

15. First condition: the employee concerned is clearly shown 29. Can those 60 minutes be expanded? To 3 hours? Will
be responsible for the loss or damage this affect 
compensation? 

16. Are you aware of any regulation issued by SOLE that 30. Are they required to spend their meal period in the
requires the employee to give a cash deposit?
work premises? 

17. Private Security Agency
31. Can you lessen the 60-minute period? Is this governed
18. What is this withholding or kickbacks?
19. Is deduction the same with withholding? by a 
regulation? (IRR Book 3, Rule I, Sec. 7) 

20. What law allows withholding of wages for a debt due? 32. Who controls the number of minutes in a meal period?
21. Art. 1706 of CC - The employees give its consent Do you need 
employee’s consent? 

22. Who are employees exempted in labor standard 33. Can a construction worker’s meal period be shortened
benefits to 20 minutes?
23. Difference of managerial staff and managerial 34. Give me an example of an establishment operating16
employee hours a day 

24. Are domestic workers legally entitled to holiday pay? 35. If an employee works more than 8 hours a day, is he
To premium pay? Night shift pay? entitled to additional compensation?
36. Is there a difference between premium pay and over
1. What do you understand by weekly restday? time pay? 

2. Can the employee be made to work only 4 times a 37. What is this Night Shift Differential? 

week? 38. What is within the hours of 10PM-6AM? (Graveyard
3. How many rest days will he have? 
 Shift)
4. Suppose an employer is made to work only once a 39. How many shifts are there in a day? 

week (i.e. 
Monday) and all six remaining days are 40. What is Service Incentive Leave? 

considered rest days. 41. What is Service Charge? 

5. If the employer will ask the employee to work, say on 42. Are these required under the Labor Code?
Tuesday, how much will the employer pay him? Is he 43. What is the effect of tips? What is the meaning of tips?
entitled to an additional pay, if any? (It’s a shortcut)
6. How long is the meal period?
 44. Classify holidays. (Mamunlok Siopao?) 

7. If I am an employer, can I extend the meal period to 2 45. Which is limited: regular or special? (Regular – only 12)
hours? How about 3 hours? 46. When did the Labor Code take effect? 

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47. When is Labor Day? Is this a Regular Holiday? 
 done (NOT in the place of the employers office!!!! If lahi
48. What law are regular holidays fixed? 
 ang place sa office sa employer ug worker, adto sa place
49. Can the President move Christmas Day? (YES) 
 where the worker works)
21. Can the employer pay the worker via ATM? –Yes.
50. How many Muslim Regular Holidays are there? (2) 

22. What are the conditions/requisites?
51. In terms of payment of compensation, what’s the
23. Does paying via ATM require issuance of a payslip? –
difference between the two holidays?

YES. It still requires record of payment.
52. If the employee does not work on a Special Holiday 24. Why is the employer still required to issue a payslip?
does he get paid? If he works, does he get paid?
 –So the employee will know the deductions and other
53. If the employee does not work on a Regular Holiday pertinent details about his wage.
does he get paid? If he works does he get paid? 25. Does the bank charge when withdrawing in the ATM
54. What is this pay called? 
 okay? (maibanan man ang balance diba if sa lahi na
55. Regular Holiday, he is not made to work, what is the atm mu-withdraw) –No because as long as I withdraw at
pay called? 
 my depository bank, I will not have to suffer bank charges.
56. Regular Holiday, he reports to work, how much is he The employer has already provided an ATM with your
entitled to? 
(200%) depository bank near you, problem na na nimo ug sa iba
57. So the first 100% what’s it called? Basic Pay. The ka na bank mag-withdraw tapos mag-bank charge sila.
second 100%? Holiday Pay. 26. Payment of wage thru a bank, is that allowed? –YES.
58. Regular Holiday on a rest day, he reports to work, how 27. What kind of bank should it be? –Rural, savings, or
much is he entitled to? (260%)
 commercial banks.
59. Two Regular Holidays falling on the same day and the 28. What are the requirements?
employee doesn’t work. Does he get paid? (200%) 29. Is the time you spend going to the bank facility
60. Who are the employees exempted from coverage? (Art. compensable working time? –YES.
82) 30. On wage prohibitions. Art 112 of LC. Non-interference
61. Do you have a domestic worker? 
 of the disposal of wages. Does the law prohibit
62. Is the rest day included in their monthly pay? compulsory patronage? –Yes.
31. When is there compulsory patronage? –when the
employer obliges or requires his employees to buy or
1. Can the employer pay the workers purely in kind? –NO purchase products from a certain establishment.
2. Can the employer then pay the worker partly in kind? 32. Is that legal? –No, it is illegal.
–YES. Thru facilities. 33. If the employer merely suggest? –That is okay.
3. In what form should the employer pay? –In legal tender. 34. What is the reason why the employer cannot interfere
4. How about checks? –YES. As a matter of exception. with how the workers spend their wages? –Because the
5. Are there requisites before the workers can be paid in worker owns that wage. You have the right to enjoy or
checks? –YES. (Enumerate requisites). dispose it the way you like it (non-interference rule).
6. What if the employees does not like to be paid in 35. Art. 113? (The rule: do not deduct the workers’ wage).
checks, but the employer would refuse to pay in legal What is the reason behind the law?
tender and would still continue to be pay his workers 36. If deduction is allowed anytime under the workers
in checks? What is your recourse? –Report to DOLE. wage for any reason, what will happen the workers
7. How? –(Enumerate the steps). wage? –It will (a) unnecessary impair the value of his wage
8. When does the check amount to payment? –After it is and (b) unjustly deprive the worker to meet his basic
encashed. needs.
9. What law says that checks only amount to payment 37. What does the employee use his wage for? –To meet
after it is encashed? –New Civil Code his basic needs. Food, shelter, clothing and medical
10. So if the worker is robbed tapos nawala ang check, can attendance.
the employee ask for a cash payment instead? –YES. 38. Any exceptions to the prohibition on wage
Because the check was not yet encashed and does not yet deductions? –YES. (Enumerate the exceptions).
constitute as payment. 39. On the first exception (deduction for the premium on
NOTE: the employee can always withdraw his consent to interest), are you telling me that the employer has an
payment via checks, because the employee is not insurable interest on the life of the employee? –YES.
compelled to accept checks as payment for wages 40. Why? – Because he will suffer losses if the employee dies.
11. What is the purpose of the 1km radius requirement 41. How about your friend, do you have an insurable
under the payment in checks? –for the convenience of interest with your friend’s life? –NO because you will not
the employee suffer any kind of loss due to your friend’s death (di guro
12. To whom must the employer pay the wage? –To the labot ang emotional loss L).
worker. 42. Why is deduction for insurance premium valid? (Bec of
13. Why? –because he is the rightful owner of that wage. the consent given by the employee)
(Under the NCC, payment must be made to the creditor. 43. The second exception, i.e. union dues, who will deduct
The employee is the creditor here.) it? (Employer bec he holds the employees wage then
14. Any exceptions? -1. If the worker is dead. forward niya to the union after)
15. Who can claim? –Heirs. 44. Why is that allowed? (It will be easier for the union to
16. What do they have to present? –Affidavit of heirship. collect union dues. They don't have to go after every
17. Any other circumstance? –2. Force Majeure. delinquent member. Since the union is used as an
18. What is force majeure? instrumentality of the gov't to better protect the rights of the
19. Can the employee authorize a family member to take worker bec they exist in the workplace and they have better
his/her wage on his behalf? –Yes. With written knowledge of what is happening there and could easily aid
authorization of the employee. the workers.)
20. Where should the employee be paid? –Near or in the
place of undertaking of the employee. Where the work is
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45. Why do unions need dues? (For their continued 59. This provision speaks of a proceeding, what is the
existence and survival. The only way they can principally proceeding referred to therein (“…under the title…”)?
derive funds is thru the contribution of the members) –Chapter 6 – Art. 128 and 129 – administration and
46. Is unionism promoted by our state? (Yes, under the enforcement. Art 128 and 129 are proceedings under the
protection to labor clause, the consti protects the worker's title.
right to self-organization which includes forming a union, 60. If the employer violates any of the prohibitions (i.e. ang
joining a union and assisting in the formation of a labor kanang mga provisions na naa’y “it shall be
union. The consti also allows the union to conduct peaceful unlawful….”), does it carry any criminal liability for the
concerted activities like strikes and negotiate a CBA to employer? –Article 303.
improve the minimum standards set by law in the 61. What is the right to a weekly rest day?
workplace) 62. Why do you think does the LC in such a situation gives
47. In case of loss or damage to the tools and machineries a rest day?
supplied by the employer to the worker, does the LC 63. How many days are there in a week?
allow the employer to deduct from the worker’s wage 64. So if you have a 6-day work week, are you entitled to a
the value of such loss or damage? –generally, the rule rest day? –Yes.
is NO. 65. So if you have a work week in an establishment is less
48. Does the LC allow certain instances where this could than 6 days, the worker is not entitled to a rest day? –
be done? –Yes. (1) there must be proof that the employer Yes.
is engaged in a business where such deductions is 66. Why is it that if the work week is less than 6 days a
recognized in the industry where the employer belongs or week, the employer is not required to give you a rest
(2) the deduction for loss or damages is necessary or day? –Because the employee already has sufficient
desirable as determined by the secretary of labor through number of days to rest.
appropriate regulations 67. If you have a 5-day work week, are the 2 days rest days
49. If any or both of these conditions exist, does that or just days of rest? –Days of rest.
mean that the employer can now automatically deduct 68. If the employer in a 5-day work week will be made to
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from the employees wage the value for this loss or work on the 6 day, will the employee be paid
damages? –No, there are still requisites. additional compensation, or just the daily wage? –Just
50. What are these requisites? the daily wage.
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51. The limitation of the deduction of not more than 20% 69. If they will further be required to work for the 7 day,
of the workers wage, why is that provided? Why not will they get additional compensation? –Yes.
make him pay the full amount the lang? –because that 70. Why? –The employee already worked for 6 consecutive
would be bad for the employee bec he will not have money days.
to provide the basic necessities for him and his family 71. What is the additional compensation if you are made
52. Can the employee sue if the employer if the employer to work on your rest day? –Premium pay which is an
would deduct more that 20% of his employees’ wage? additional 30% of the basic wage.
–Yes, you can complain and the employer will be directed 72. Is there a difference between overtime pay and
to return the excess amount of deduction. premium pay? –Yes. They are both additional payments
53. If the employee loses an equipment worth 10,000, how to the workers.
much can the employee be asked to pay? –Not more 73. Is there a similarity between overtime pay and
than 10,000 kay fair and reasonable value man dapat. If premium pay? –Yes.
you consider the depreciation value, dli jud dapat mulapas 74. Where lies the difference? –Overtime pay refers to the
sa original value. additional pay for services rendered beyond the regular 8-
54. Is this wage deduction the same of withholding of hour work hour. Premium pay is the additional pay given to
wages? –No. workers if they work during their rest day.
55. Why? –because in withholding of wages, there is no 75. What are the pay rates if the worker is made to work
deduction, i-withhold lang ang payment to make the on a rest day, beyond 8 hours (overtime) and on
employee perform his obligation or pay his debt/money regular holidays?
accountability to the employer (ex: if you leave the 76. How are holidays classified in the LC? –Regular or
company, you have to return the company ID, tools special.
provided by the employer, etc. Hence, if you will not 77. How many regular holidays do we have on the LC? –
surrender these, the company has the right to withhold Twelve.
your wages.) According to SC: there could be a valid 78. How many muslim holidays out of the 12 regular
withholding of wages in any of the instances where holidays? –Two.
deduction would be valid, but do not mix up deduction from 79. If the employee is made to work on a regular holiday,
withholding. how much does he get paid? -200% of his basic wage.
56. Withholding of wages is not allowed. That is the law. 80. Is that 200% found on the LC? –Yes. Article 94(b).
What are the exceptions? –(1) Article 1706 of the NCC - 81. Who is the government official authorized to fix the
payment for debt due to the employer; and (2) Labor Code holidays in the Philippines? –the President of the
– Article 116 – when the worker gives his consent to the Philippines.
withholding of wage. NOTE: These two instances are 82. Under what law does the President derive the power to
INDEPENDENT from each other. They need NOT co-exist. authorize the holidays in the Philippines? –RA 9177.
57. If there is illegal deduction of wages, under the LC, 83. If an employee does not work on a special holiday,
what is the effect to the employer in terms of payment? does he get paid? –No.
–on top of the total amount of illegally deducted wages, the 84. If an employee does not work on a regular holiday,
culpable employer will be assessed not more that 10% of does he get paid and how much? –Yes. 100% of his
the total amount for the attorney’s fees. basic wage.
58. What is the provision on retaliatory measures in the 85. What do we call that pay? –Holiday pay.
LC?
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86. If the employee is required to work on a special the breakages and loses, they can just get it from the
holiday, does he get paid? –Yes. 130% of his basic service charge.)
wage. 113. What are loses and what are breakages?
87. What is the additional 30% of the pay called? –Premium 114. Does the LC require the employer to collect service
pay. (You only call it a holiday pay if it is a regular holiday). charge? –No. (Establishments may or may not collect. If it
88. If the worker is made to work on a regular holiday, how collects, then then workers are entitled to their share. If the
much does he get paid? –200% of his basic wage. employer does not give his employees their due, he can be
89. In this 200%, what does the first 100% represent? – sued for simple money claims.)
Daily wage.
90. What does the second 100% represent? –Holiday pay.
91. If a regular holiday falls on the employees scheduled 1. What is Holiday pay? Holiday pay is additional
rest day, and he does not work, how much does he get compensation given to a worker who works during regular
paid? -100% of his basic wage (holiday pay). holidays
92. If the worker is made to work on a regular holiday and 2. Do you pay holiday pay on a special holiday? No. You
it falls on his rest day, how much does he get paid? - are only paid (30% additional compensation based on your
260%. (NOTE: His daily wage for the day is 130% [100% regular salary) when you work on special holidays.
for the wage, 30% for premium pay], times two). 3. What kind of pay is this? Premium pay
93. Are there establishments exempted from the coverage 4. If employee doesn’t work on a special holiday (e.g.
of the holiday pay law? –Yes. Retail and service Ninoy Aquino Day –August 21) does he get paid? No.
establishments employing less than 10 workers. He only gets paid if he works but generally he doesn’t get
94. Why do you think are they exempted from paying paid anything. Atty’s discussion: When you speak of
holiday pay? holiday pay, it only refers to regular holidays not special.
95. What is the night shift differential pay? Regular holidays, establishments are closed because they
96. How much is the night shift differential pay? –not less have to pay their workers and no one goes to most
than 10% of the basic pay. establishments because no customers Art 94. (gipa read
97. In so far as the LC is concerned, is that considered as ra ko)
night time? –Yes. 5. If during Dec 25 (regular holiday) workers are not
98. Doesn’t the law prohibit work during night time? – supposed to work but if they do how much do they
Generally, no. Employers can make their employee work get? Regular basic pay (100%) + holiday pay (100%) =
during night time. 200%
99. What are the exceptions? –(1) children who are working 6. How many regular holidays do we have? 12
under 15 years old (cannot work 8pm-6am), (2) 15 years 7. How many special holidays? 3 Atty discussion: you
old – 18 years old (cannot work 10pm-6am) have to qualify because we have nationwide special
100. If you require a 17 year old to work during those hours, holidays (in so far as the Labor Code is concerned) and
is there a liability on the part of the employer? –Yes. other special holidays like Cebu City Charter Day which is
You will be liable under the law against child labor. not a regular holiday because it is not one of the 12 that
101. Why is this prohibited? –It is unsafe for the child. were mentioned in the enumeration by law. That
102. Women who work in the bar, who promote drinks, etc, enumeration can be changed by the President through a
are they entitled to night shift differential? –Yes. Proclamation.
103. Night shifts are also called graveyard shifts, why? – 8. If you work on Special holidays what do you get? You
Because during the old times, people are buried at night get additional compensation of 30% of your basic regular
(ambot daw unsa ni ka-tinuod hahahaha) pay
104. What about service incentive leave, what is that labor 9. What is Night Shift Differential pay? Night Shift
standard? –It is a leave benefit with pay granted to Differential pay is additional compensation paid to a worker
employees who have rendered service for at least one who works between 10 pm-6am the following day with at
year. least 10% additional compensation for every hour of work
105. It is equivalent to how much leave with pay? -5 days performed between 10 pm-6am.
(per year). 10. Why is he entitled to such pay? What is the difference
106. Does the law specify for what purpose should the between getting paid during normal working hours?
service incentive leave be used? –No. The worker can Because during night time you sleep (not rest because
use it for whatever he likes. night time is for sleeping). Atty discussion: If the
107. So you can use it for any purpose? –Yes. (e.g. vacation, employer requires you not to sleep then the law requires
wedding, if you are sick, funerals….etc) the employer to pay you.
108. If you are unable to use the service incentive leave, 11. What is service charge? Is additional compensation
what happens to it? –It is commutable to its money given to workers in service establishments like hotels,
equivalent. restaurants, lodges, massage clinics, cocktail bars etc.
109. It’s payable by the employer when? –At the end of the Atty discussion: Different from retail establishments who
year. just sell user end goods. Need to specify what kind of
110. What is service charge, is it a labor standard benefit? establishment
–Yes. It is the additional amount collected from the 12. How is service charge allocated? 85% to the rank and
customers. 85% of this amount will go to the employees file employees and 15% managerial staff?
and 15% will go to the management. 13. If the establishment decides to discontinue service
111. How will they divide this 85%? –equally among charge, will that be a diminution of benefits? Share of
themselves. the covered employees shall be considered integrated into
112. What is the purpose of the 15% that will go to the their wages which shall be the average monthly share of
management? –to answer for loses or breakages in the each employee for the past 12 mos immediately preceding
establishment. (Instead of asking the employees to pay for the abolition of the service charge. (accdg to IRR)

4
14. Is there a law that requires every service 12. If an employee used his Service Incentive Leaves or
establishment to collect service charge? None Atty Vacation Leaves, is it counted in the computation of the
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discussion: No law but if you do decide to collect that is 13 month pay? –No. Because basic pay ra.
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when the LC and IRR come into play. Its just a business 13. Who are the employers exempted from giving 13
decision on the part of the employer month pay? –gov’t employees, employees already
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15. What does tip mean? (TIP as an acronym)-gi receiving 13 month pay or its equivalent (mid-year or
assignment lng niya but sa google kay it means “To Insure Christmas bonus) purely on commission, task basis or
Promptness” boundary
16. If there is a pooling tips in a restaurant where the 14. Are there employees NOT entitled to 13th month pay?
establishment specifies that they pool tips (as –pareha ra sa answer sa taas
opposed to the restaurant allowing workers to collect 15. Do government workers receive 13th month pay?
and pocket tips) how is that treated? The pool will be Under what law? Labor Law? –Yes. DBM EO 201. Civil
treated as the same proportion as service charge. service law and administrative code.
17. If you have a hotel will you allow them to keep tips? 16. Going back to the meal period, what is the required
Atty’s discussion: It would be unfair to other employees meal period? –not less than 60 mins.
who don’t serve (like those in the front desk) because they 17. Can the employer extend it to 3 hours? 4 hours? Is it
cant collect tips and also because if you allow them to keep allowed? -Yes
tips then they’ll just serve the very rich customers and 18. Does this include giving meals to the employees? Why
ignore the ones who don’t give big tips. So service will not not? –No. Depende sa CBA ang mutoo arkanse
be so good for other customers. 19. What do you think is the purpose of the law why meal
18. What are meal periods? What does the law say about periods are required to be not less than 60 minutes? –
them? Period of at least 60 mins. given to employee by the for the convenience of the employee. Eat plus rest
employer for meals within the working hours of the 20. As a general rule, are employers allowed to shorten
employee. It can be used for personal purposes like sleep meal periods? –No.
and rest 21. How short? -20 mins.
19. Is it compensable? No it isn’t if at least 1 hour 22. Who benefits from a shortened meal period? –both.
20. Why not? Because they are not working (no work no pay) 23. Is it compensable? –If less than 60 mins, then
21. If I shorten my meal period to less than 60 mins? Is compensable.
that allowed? (e.g. 40 mins) Yes and it is compensable 24. Can the employer choose to dispense with the meal
because you are making them work instead of resting or period and just pay the entire 1 hour? –NO.
eating they are eating. 25. What are the instances wherein the employer can
22. Are there instances where shortening the meal period validly shorten the meal period? –non-manual work,
is allowed? It is allowed. employing not less than 16 hrs a day, performing urgent
23. Does the labor code allow dispensing the meal period work, work to avoid loses of perishable goods
all together? No 26. After implementing shortened meal periods, if the
24. How short should can the shortened meal period be? employer decides that the meal period shall go back to
Less than 60 mins but not less than 20 mins. 60 minutes, is it allowed? Does it not constitute
25. What are the instances where work can be shortened diminution of benefits considering that before he was
to less than 60 mins? When an establishment operates paid and it is now deemed not compensable? –Yes. No,
at least 16 hours a day. (e.g. hospitals, utility because pareha ra ghapon COMMON SENSE
establishments like veco, hotels) 27. Going back to 13th month pay, who are these
employees exempted from receiving 13th month pay? -
supra
28. If an employee is paid partly commission, partly fixed
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1. Who are those expressly exempted by the Labor Code salary, is he entitled to 13 month pay? –Yes (basta dli
from minimum standard benefits? –government, retail or purely)
services establishment not more than 10, household 29. How about piece-rate employees? Job/task based? –
2. What is 13th month pay? What law mandates it? –pay PR-Yes, TB, No. Specifically provided by law.
all rank and file employees not later than dec 24. PD 851 30. What consists basic salary? –remuneration or earnings
3. Does this include managers? –no on a normal working day
4. Is it applicable to ALL employees? Regardless of their 31. Is overtime included? -No
monthly rate? –YES. The ceiling of the previous law has 32. Is holiday pay included? -No
been removed. 33. Are these benefits excluded from the computation of
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5. So if an employee earns 100k per month, is he still 13 month pay AT ALL TIMES? –no. If provided sa CBA,
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entitled to 13 month? –YES pwede sya maapil.
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6. How long does an employee have to work in order to be 34. What is the purpose of the 13 month pay? –so the
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entitled to the 13 month pay? –At least one month of the employee can celebrate christmas
year. 35. Suppose the employee tried to kill the employer and he
7. When should it be paid? –Not later than dec 24 was dismissed for just cause, is he still entitled to his
8. Does it have to be paid not later than Dec. 24 AT ALL 13th month pay? –he is still entitled in proportion to the
TIMES? –YES. length of time that he has worked in a year. (Ang dli entitled
9. Who decides when it should be paid? –CBA or employer kay ang retirement pay)
10. Can an employee demand in the month of May to get ½ 36. Who are those paid by piece rate or task basis? Paid by
of his 13th month pay for tuition expenses of his/her result. Excluded. Piece WORK is included.
children? –Yes 37. If partly fixed and partly commission? Entitled to 13th
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11. How much is the 13 month pay? -1/12 of the total basic month.
pay earned within the year 38. Domestic workers? Yes under the kasambahay law plus 5
days SIL.
5
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39. When your helper retires, is s/he entitled retirement? Yes. 11. Differences between bonus and 13 month pay
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If at least 5 years of service. 12. Will the amount of 13 month pay vary every year?
40. Does the employer have the discretion to pay the 13th 13. If during the year, you took a study leave of 3 months, will
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month as often as possible? Yes. it affect the value of the 13 month pay? Yes, 13 month
41. Tax exempt? Yes (to the extent of P82k?? Assignment of our pay is based on the basic salary EARNED in the year
CPA classmate.) 14. When we speak of “salary”, do we include the
42. If the employee tries to kill his employer and he worked for allowances, premium pay etc? No, only limited to the basic
6 months? Yes still entitled. Bec the criminal employee is still salary.
entitled to celebrate Christmas with his fam awww. 15. Is there any instance that these additional
43. What is paternity leave? Who are entitled? What are the compensations may be considered? Yes, if stipulated in
requisites? (You know na diz.) the CBA, provided for in the company policies and company
44. How many miscarrages or deliveries? 4. practice
45. Purpose? Husband will provide support and assistance to the 16. What is the CBA? Why does it bind? It is considered as the
wife. law between the parties (OBLICON)
46. Does this cover intentional abortion? Binogbog mo yung 17. Who stipulates the company policies? Why does it bind
wife mo. Does not cover cuz iz a crime. the employer? It comes from the employer.
47. I will change it to cash nalang (cash equivalent) so i can 18. When does a practice become a company practice?
buy milk and vitamins for my child. Not allowed. 19. What is that Paternity Leave?
48. Why 7 days only? Why diff from maternity leave? Si mother 20. Rationale of the benefit.
ang manganganak eh. 21. Who does the paternity leave benefit?
49. Maternity, entitled whether married or unmarried. 22. How many deliveries or miscarriages? Maximum of 4
Paternity, must be married. Common law husband is 23. Why does the law only give 7 days for the male worker
defrived of the paternity leave. Why? (He didn't answer yet.) but longer for the maternity leave?
50. What is 13th month pay? Sec 1 and 4. 24. Why does the male worker need to be married to the legal
51. Basic salary only or included other allowances? Basic spouse who he is cohabiting with?
only. Does it include overtime? No. General rule. 25. Is it not discriminatory to those who are only cohabiting?
52. What is basic salary? Normal pay excluding premiums and
other allowances.
53. Is/are there exception/s (when premiums are included for 1. Enumerate the conditions for Paternity Leave. RA 8187
computation of 13th month)? Yes. When provided in the 2. Is Paternity leave convertible to cash? No
CBA, company policies, company practices. 3. Does that apply to all workers (e.g. regular and
54. Who are entitled? Rank and file only. permanent workers, nonregular etc)? All employees. Law
55. How are employees classified under the 13th month law? does not make any distinction. The purpose of the law is to
Rank and file, manegerial. give support and lend assistance to the wife during the time of
56. Regardless of the amount? Is there a maximum limit? No delivery or miscarriage.
limit, regardless of amount so long as rank and file. 4. What is the maximum number of deliveries or
57. Who are rank and file employees? miscarriages? For the first four deliveries/ miscarriages of
58. Am I (atty) a rank and file? Yez huhu. I don't exercise the legal spouse. What is the purpose? Balance the
independent judgment. If I absent I will suffer a deduction of my interests of employer and employee (kawawa naman yung
salary. I don't make policies here. I only (f)pollow them. I employer na delivery doon delivery dito)
(f)pollow the policies. *hehe joke lang love you atty* 5. Why is the Paternity Leave shorter than Maternity Leave?
59. Time of payment? Not later than dec 24. 7 days is enough to give support and lend assistance to the
60. Purpose? In order to celebrate Christmas. Whereas clause of wife.
the law. (Secure copy, he will ask you to read) 6. Can it be demanded by the employee before the delivery
61. Are there rank and file employees excluded? Yes, 4 or after? What is the general rule? It should be after but the
exempted. (Except domestic workers) employer may allow before or during the leave. Wag kang
magpilit if ayaw ng employer. You can only request the
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1. What is this 13 Month pay? PD 851 as amended employer.
2. It is applicable to whom? Rank and file 7. What is the liability of the employer if he violates? There
3. Why is it not applicable to managerial employees? Salary is a criminal liability. Not exceeding 25k or not less than 30
of the managers are more than enough days nor more than 6 months. NOTE: this leave is available
4. How does the law define a managerial employee? Policy also to government employees and this leave is only available
formulation, execution of policies, impose disciplinary actions to the LEGAL SPOUSE HE IS COHABITING WITH (marriage
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5. What are the requirements of the 13 Month pay? PD 851 is a requisite)
as amended 8. Labor-related Benefits under the Solo Parent Welfare Act
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6. When is the 13 month pay paid? (those given by the employer) RA 8972
7. If the employee attempted to kill or killed the employer, is 9. What is that flexible work arrangement? Right granted to a
he still entitled? solo parent employee to vary his arrival and departure time
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8. What is the purpose of the 13 Month pay? without affecting the core hours as defined by employer
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9. Do government employees receive 13 month pay? 10. Can the employer get an exemption from giving the
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10. Are there employees expressly exempted to receive 13 flexible work arrangement if it affects company
Month pay even though they are rank and file? productivity? Yes, he may request exemption from the
Government (governed by Civil service laws), household DOLE on certain MERITORIOUS GROUNDS
helpers and persons in personal service to another, purely 11. Give an example of a solo parent. RA 8972
commission, boundary or task basis and those who are paid 12. When is solo parental leave available? He or she must
fixed amount for performing specific work, employers already render 1 year of service prior to be granted
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paying 13 month pay or its equivalent at the time of the 13. Is this permanent? No. It is revoked upon subsequent
promulgation of the rules marriage
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14. What document is needed? Go to the DSWD, fill up 11. What are the 2 labor-related standards provided in the
application and papers and they will issue you a Solo Parent “Suso Law”? provision on lactation station and lactation
ID to present to the employer for the availment of the benefits. period called a 40 minute break interval (compensable) per 8
15. What is this Retirement Pay? Where can it be found? LC hour workday
16. What are the ages? At his option, 60 years old. 65 years— 12. Who are these nursing employees? Female worker who
compulsory breastfeeds her infant or young child
17. Minimum length of service? At least 5 years of service (for 13. If you are a dancer in a nightclub and you just gave birth,
60 years old); no length of service (for 65 years old) can you bring your child to work (in the lactation station)
18. What are the other ages of retirement under the LC? to breastfeed him or her?
Underground mining employee optional 50 years old 14. How is breastfeeding defined under the Rules? RA 10028
(minimum of 5 years of service); compulsory 60 years old (no 15. Is that the only way to feed an infant or young child? RA
minimum years of service) 10028
19. What are other ages under special law? RA 10789—Race 16. Is lactation period on top of your meal period? Yes
Horse jockeys; RA 10757—Surface Mine Workers (see 17. Is there any instance where the employer may be
minimum length of service) exempted from establishing a lactation station? Apply for
20. How much is the retirement pay? One half month salary (15 an exemption to the DOLE under circumstances present
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days plus 1/12 of the 13 month pay and cash equivalent of (number of female employees, number of females who use
not more than 5 days of service incentive leaves) for every the facility, physical size of the establishment). Exemption
year of service (equivalent to 22.5 days of service) good for 2 years, subject to renewal.
21. Assuming you have a worker who has been working for 18. Will the establishment get an administrative liability if
you for the past 20 years and has reached the age of they do not provide a lactation station? RA 10028
retirement of 65. Her salary at the age of retirement was 19. In San Carlos, do you see any lactation station
50k per month. How do you compute? Determine the daily established here? (no)
rate first. It depends if you are 5 days a week or 6 days a week. 20. Who should comply? All health and non-health facilities,
Determine the applicable divisor (e.g. 313) multiply that (daily establishments or institutions shall establish lactation stations
rate) by 22.5 (days equivalent for retirement pay) then (Sec 11 RA 10028)
multiplied by 20 years. 21. What is a lactation station? RA 10028; For breastfeeding or
22. Is retirement pay under the LC, does that require a expressing the milk
contribution by the employee? If yes, how much? No, the 22. Why is breastfeeding in the workplace promoted by law?
fund comes exclusively from the pocket of the employer Balancing of work productivity and family life (Note: young
23. Is retirement pay under the LC on top and distinct from child is “up to 3 years old”)
the retirement pay under SSS? Yes, they are different. SSS 23. What is this special leave benefit in this Magna Carta for
is under a special law. Retirement pay from SSS will come Women? (Pia Cayetano is the principal sponsor for this law;
from SSS. Retirement pay from the LC comes exclusively Take note of this International Convention Eliminating all
from the employer. Forms of Discrimination against Women) When a woman
24. What are the exceptions? Retail (e.g. sari-sari store), employee undergoes surgery due to gynecological disorders,
service (e.g. computer stations) and agricultural she needs to take a leave of absence from her workplace to
establishments or operations employing not more than 10 recover.
employees (these establishments will not have enough 24. What are the conditions for entitlement? She must have
money to provide for retirement pay); those covered by CIVIL rendered service for at least 6 months continuous and
SERVICE LAW (e.g. government employees); dismissed aggregate for the past 12 months prior to surgery.
JHfrom work due to just cause 25. How long? Maximum of 2 months per year
25. Are domestic workers included? Domestic workers can 26. How many surgeries per year would entitle her? No limit
also avail. 27. Is it with pay? Yes
28. How do you compute? It is based on the gross monthly
1. If the employee is entitled to retirement pay and the compensation including mandated cost of living allowance
employer does not pay him, does the employee have a
cause of action? Yes
2. Is retirement pay an obligation of an employer? Yes
3. Where will he get the retirement pay if he does not have
any money or profit? That’s his problem. It is still mandatory
4. If he hires an employee who is 64 years old, should he be
retired by 65? Yes (mandatory age)
5. Will he be entitled to retirement pay even without 5 years
of service? Yes, minimum years of service is necessary for
people who retire at 60 years old
6. How much is the retirement pay? How many days is it
equivalent to? 22.5 days per year of service regardless of
number of working days per week
7. What is that optional retirement? GR: 60 years old and 5
years of service
8. At whose option? At the option of the employee
9. Is it valid to have a lower age of retirement if it is
stipulated in a CBA, employment contract etc? Valid. Law
only provides the age if there is no agreement between
employer and employee
10. What is this Expanded Breastfeeding Promotion Act? RA
10028
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