Book III Benefits

Hours of work Does not exceed 8 hours per day All time during which an employee is
a. Required to be on duty or to be at a prescribed workplace; and
b. Suffered or permitted to work
c. Rest periods of short duration during working hours counted as hours
worked

Meal periods • Not less than 60 minutes Not compensable, except when
• IRR allows the meal time to be less than 60 minutes, 1. Meal time is predominantly spent for the employer’s benefit; or
under specified cases and in no case less than 20 2. It is less than 60 minutes
minutes

Night shift differential Not less than 10% of regular wage for each hour of work
performed between 10PM to 6AM

Note: Pag nag-OT, basis of 10% is OT rate!

Overtime work • Work performed beyond 8 hours a day NO OT pay when

• 25% of regular wage 1. OT pay validly integrated in basic salary (composite or package pay
• 30% of regular wage if or all-inclusive salary)
a. Holiday 2. Valid CWW
b. Rest day
Employer can compel OT work with OT pay
1. Country at war; national or local emergency;
2. Necessary to prevent loss of life or property; imminent danger to
public safety due to an actual or impending emergency;
3. Urgent work to be performed on machines or equipment to avoid
serious loss or damage;
4. Necessary to prevent loss or damage to perishable goods; and
5. Completion or continuation of work started before the 8th hour is
necessary to prevent serious obstruction or prejudice to the
business of the employer
Weekly rest day • Not less than 24 consecutive hours after every 6
consecutive normal work days
• If work is done, 30% of regular wage
Employer can compel work on a rest day
1. Necessary to prevent loss of life or property; imminent danger to
public safety due to an actual or impending emergency;
2. Urgent work to be performed on machines or equipment to avoid
serious loss or damage;
3. Necessary to prevent loss or damage to perishable goods;
4. Nature of work requires continuous operations and stoppage may
result in irreparable injury or loss to employer;
5. Abnormal pressure of work due to special circumstances, where
employer cannot be expected to resort to other measures; and
6. Other analogous circumstances as determined by Secretary of
Labor

Sundays • Nature of work is such that there are no regular

workdays and no regular rest days
• 30% of regular wage

Special Holiday • GR: No work, no pay Not covered—Retail and service

1. Ninoy Aquino Day • 30% of regular wage establishments regularly employing less
2. All Saints Day • 50% of regular wage if holiday work falls on rest day than 10 workers—employees not entitled to
3. Last Day of the Year holiday pay, regular or special

No premium pay for EDSA Revolution Covered—Monthly-paid employees

Anniversary—only an ordinary workday • Monthly minimum wage shall not be less
than the statutory minimum wage × 365
Regular Holiday • GR: With pay even if no work Employee must not have ÷ 12
1. New Year’s Day • 200% of regular wage been absent on the working
2. Maundy Thursday • What if 2 regular holidays fall on the same day? day preceding the regular
3. Good Friday a. If unworked—200% holiday
4. Araw ng Kagitingan b. If worked—300%
5. Labor Day c. If worked and also fell on employee’s rest day—
6. Independence Day 390%
7. National Heroes’ Day • Part-timer—basis is the highest of the following
8. Eidl Fitr a. Regular wage per day;
9. Eidl Adha b. Basic wage on working day preceding the regular
10. Bonifacio Day holiday if the employee is present or on leave with
11. Christmas Day pay on the last working day immediately prior to the
12. Rizal Day regular holiday;
c. Average of basic wages for the last 7 working days
for those paid by results; or
d. Basic wage on particular holiday, if worked
Service Incentive Leave • 5 days leave with pay • Rendered at least 1 Exclusions
• Part-timers entitled to full benefit year of service 1. Already enjoying the benefit;
• The following are 2. Enjoying vacation leave with pay of at
entitled least 5 days;
a. Part-timers; 3. Employed in establishments regularly
b. Contract workers; employing less than 10 employees; and
c. Piece-rate 4. Employed in establishments exempted
workers; by Secretary of Labor
d. Kasambahay

Service Charges • 85% to covered employees, among them equally

• 15% to management (discretionary upon management)

Minimum Wage Exemptions

1. Domestic helpers, family drivers, those
in the personal service of another;
2. Homeworkers engaged in needlework;
3. Workers employed in any establishment
duly registered with the National
Cottage Industries and Development
Authority provided they work in their
respective homes;
4. Workers in any duly registered
cooperative when recommended by the
Bureau of Cooperative Development
and upon approval of the Secretary of
Labor;
5. Barangay Micro Business Enterprise
(BMBE)—total assets not more than
₱3M;
6. Retail and service establishments
regularly employing not more than 10
workers upon application with the
Regional Board;
7. Distressed establishments;
8. New business enterprises;
9. Establishments adversely affected by
natural calamities
10. RTWPB may provide for additional
exemptions

Leave
Service Incentive Leave
Maternity Leave
Paternity Leave
To effectively lend support to the
wife in her period of recovery and/
or in the nursing of the newly-born
child
Special Leave
Solo Parents Leave
To enable him to perform parental
duties and responsibilities where
physical presence is required
VAWC Leave
Period
5 days, yearly
a. 60 days—normal
b. 78 days—caesarean
7 days after delivery
• Unless the employer
agrees to grant it before
or during
2 months or 60 days
following the surgery
7 working days per year
10 days, extendible when
the necessity arises as
specified in the protection
order
Leaves
Benefit Conditions Convertible to cash?
At least 1 year of service YES, except for Kasambahay SIL
100% average salary credit 1. SSS Member who has paid at least 3
monthly contributions;
2. Notify employer;
3. Only for first 4 deliveries or
miscarriages
Basic salary 1. Employee at time of delivery; NO
2. Married male;
3. First 4 deliveries of legitimate spouse
with whom he is cohabiting;
4. Apply to notify employer within a
reasonable period of
a. Pregnancy;
b. Expected date
• Prior application unnecessary
in case of miscarriage
Gross monthly compensation 1. Continuous aggregate employment of NO
• Monthly basic pay + at least 6 months; • Unless provided in the CBA
mandatory allowances 2. File application within a reasonable
fixed by the regional wage period from expected date of surgery,
boards unless in cases of emergency—
employer has to be notified (verbally or
in writing) and the application can be
filed after the surgery
Rendered service for at least 1 year
With pay VAWC victims
 Special Laws
Book I

Migrant Workers and

RA 8042
Overseas Filipinos Act (IR)

Book III

RA 8187 Paternity Leave

PD 851 13th Month Pay

RA 9710 Magna Carta of Women

RA 8972 Solo Parents

RA 7610, as amended by RA 9231 Child Abuse

RA 9262 VAWC

RA 7877 Sexual Harassment

RA 10361 Kasambahay Law

Book IV

RA 1161, as amended by RA 8262 SSS

RA 8291 GSIS