Category Archives: Labor Laws
From the Department of Labor and Employment
“The Handbook on Workers’ Statutory Monetary Benefits provides a comprehensive outline of minimum legal requirements and mandatory monetary and non-monetary benefits workers are entitled to receive under the Labor Code and other existing laws”. The 2014 version was recently released. Click on this link to view or download a PDF copy of the Q and A version of this handbook.
SINGLE ENTRY APPROACH IN LABOR CASES
Guest post by: Atty. Elvin Villanueva, author of HR Forms and Notices
Previously, when the worker files a labor case he goes to the complaint division to fill out a complaint form. Then it will be encoded by the NLRC staff and will be raffled off electronically to the Labor Arbiter (LA). The LA will then call the parties to a mandatory conference. If the parties fail to settle, they will be required to file their respective position paper.
Situation: An employee who was hired as project manager filed an emergency leave of absence and announced her intention to resign following her disappointment over the continued employment of another employee in the company. Because of the importance of her role in the company’s only project at the time, the employer sought her replacement so as not to disrupt business. The disgruntled employee, however, later changed her mind about leaving the company and decided to resume her work. The employer informed her that because they were constrained to hire a replacement when she threatened to leave, she would have to be placed on “floating status” in the meantime.
|NCR||P 426.00||P 389.00||P 389.00|
|CAR||255.00 – 272.00||238.00 – 254.00||238.00 – 254.00|
|I||228.00 – 248.00||228.00||200.00|
|II||237.00 – 245.00||225.00 – 233.00||225.00 – 233.00|
|III||279.00 – 330.00||264.00 – 300.00||244.00 – 284.00|
|IV-A||253.00 – 337.00||233.00 – 312.00||213.00 – 292.00|
|IV-B||252.00 – 264.00||210.00 – 219.00||190.00 – 199.00|
|V||204.00 – 247.00||215.00 – 225.00||195.00 – 205.00|
Sales are the lifeblood of businesses, big and small. Thus, employee performance and the management of human resources is vital in business.
Call centers, pharmaceutical companies and manufacturing enterprises often review sales performance of employees against quotas and other performance standards. The usual problem arises when an employee fails to meet these standards yet management still feels that it’s possible to retain an employee by transferring him or her to another position where his or her skills are best suited.
In other instances, companies undergo reorganization in order to streamline operations, reduce costs or change business directions. In most cases, organizational changes can result in transfers and demotions.
Women No Longer Prohibited From Working at Night
By Atty. Elvin Villanueva, guest author
Do you know that under the Labor Code, women are generally not allowed to work at night?
Article 130 prohibits any company from requiring women to work at night. There are exceptions under Article 131. However, even the exceptions are very restrictive which will make the present practice of call centers employing women at night a violation of the Labor Code.
Congress recently enacted R.A. 10151 allowing employment of night workers and in effect repealing Articles 130 and 131 of the Labor Code.
Employees who work between the hours of 10 p.m. to 6 a.m. are entitled to night shift differential pay also known as Night Shift Pay to compensate them for the hazards and inconvenience of working at odd hours when the body is normally asleep. Overtime pay, on the other hand, is additional pay for work performed beyond 8 hours in a day. Both additional pays follow legal formulas for computing the total amount due to the employee affected but are often the source of confusion among employers, managers, and business owners.
Synopsis: “Leave Benefits” refer to absences an employee is allowed to take for various reasons, authorized by law. It is called a benefit because ordinarily, an employee who avails of a leave benefit is entitled to go on leave and still get paid while on a time off. Otherwise, all other absences may not be paid by the employer under the “No Work, No Pay” policy of labor laws.
The new book on leave benefits by Atty. Elvin B. Villanueva is a compact yet complete guide on Leave Benefits and is available in ebook form, which makes it even easier to read.
LVS Publishing is set to release its latest Ebooks (electronic books in PDF format) on Friday, 03 June 2011.
“Night Shift Pay and Overtime Pay” is a guide that teaches you how to compute night shift and overtime pay while “Leave Benefits” talks about the various types of leave of absence from work which are mandatory in specific cases. A must have for HR Practitioners, business owners, managers and entrepreneurs. Price of each ebook is Php 397.00. Order your copies here.