CHRISSEL A.

TABASA LABOR LAW 1

ATTY. PAMELA OLIVER SEPTEMBER 16, 2019

Day Rate

Ordinary Working Day Night shift Overtime Pay

Ordinary working Day Regular wage
Rest Day Hourly rate x rest day x 8 hours
(Hourly rate x 130% x 8 hours)
Special Non-Working Hourly rate x special day x 8
hours
Day (Hourly rate x 130% x 8 hours)
Special Non-Working Hourly rate x special holiday and
rest day
Day and Rest Day (Hourly rate x 150% x 8 hours)
Regular Holiday Hourly rate x holiday x 8 hours
(Hourly rate x 200% x 8 hours)
Regular Holiday and Hourly rate x holiday and rest day
x 8 hours
Rest Day (Hourly rate x 260% x 8 hours)
Double Holiday Hourly rate x double holiday x 8
hours
(Hourly rate x 300% x 8 hours)
Double Holiday and rest Hourly rate x double holiday x 8
hours
day (Hourly rate x 300% x 8 hours)
Hourly rate x night shift x hours of
work
(Hourly rate x10% x hours of work)
Hourly rate x rest day x night shift x
hours of work
(Hourly rate x 130% x10% x hours of
work)
Hourly rate x special holiday x night
shift x hours of work
(Hourly rate x 130% x10% x hours of
work)
Hourly rate x special holiday and rest
day x night shift x hours of work
(Hourly rate x 150% x10% x hours of
work)
Hourly rate x holiday x night shift x
hours of work
(Hourly rate x 200% x10% x hours of
work)
Hourly rate x holiday and rest day x
night shift x hours of work
(Hourly rate x 260% x10% x hours of
work)
Hourly rate x double holiday x night
shift x hours of work
(Hourly rate x 330% x10% x hours of
work)
Hourly rate x double holiday and rest
day x night shift x hours of work
(Hourly rate x 390% x10% x hours of
work)
Hourly rate x overtime rate x
hours of work
(Hourly rate x 125% x hours of OT
work)
Hourly rate x overtime rate x rest
day x hours of work
(Hourly rate x 130% x 130% x hours
of OT work)
Hourly rate x overtime rate x
special holiday x hours of work
(Hourly rate x 130% x 130% x hours
of OT work)
Hourly rate x overtime rate x
special holiday and rest day x
hours of work
(Hourly rate x 130% x 150% x hours
of OT work)
Hourly rate x holiday rate x
overtime rate x hours of work
(Hourly Rate x 200% x 130% x
number of hours OT worked)
Hourly rate x holiday rate and
rest day x overtime rate x hours
of work
(Hourly Rate x 260% x 130% x
number of hours OT worked)

Leave Duration/ Benefits

SERVICE INCENTIVE LEAVE 5 days with pay. The five-day SIL shall be cumulative.
Solo Parent Not more than seven (7) working days every year. Non-cumulative
Maternity Leave  105 days of paid leave for a married woman who gives birth
 120 days of paid leave for a single or unmarried woman who gives birth
 60 days of paid leave for a married or single woman who undergoes miscarriage or emergency
termination of pregnancy
 Additional 30 days of unpaid leave is offered as an option if you like to extend your maternity
leave
 Up to 7 days of paid leave (taken from your 105 or 120 days) can be allocated to the father of
the child, whether she is married to him or not,

 In case the father is not available, a relative within the 4th degree of consanguinity or the current
partner sharing the same household with the mother can be chosen as alternate caregiver.
Paternity Leave
Battered Women Leave
Magna Carta Special Leave
Benefit for Women Employees
REHABILITATION LEAVE
STUDY LEAVE
SPECIAL PRIVILEGE LEAVE (SPL)
Sick leave
Vacation leave
shall be for seven (7) work days every year, with full pay, consisting of basic salary and mandatory
allowances fixed by the Regional Wage Board, if any, provided that his/her pay shall not be less than the
mandated minimum wage. No conversion to Cash.
A paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code,
extendible when the necessity arises as specified in the protection order.
 PAID leave of up to 60 calendar days.
 Major surgery entitles to 22 to 60 calendar days.
 Minor surgery entitles to 14 calendar days or less.
 Number of leaves will depend on the recommendation of your gynecological doctor.
 Leave payment will be based on current gross monthly compensation (monthly basic pay plus
mandatory allowances).
The duration, frequency and terms of availing this leave shall be based on the recommendation of the
medical authority i.e. maybe half day basis, intermittent schedule or less than six (6) months, but not to
exceed six (6) months and their absences shall not be deducted from the sick and vacation leave credits
–a time-off from work not exceeding six (6) months with pay
maximum of three (3) days annually
Voluntary, CBA or discretionary policy of the company
Voluntary, CBA or discretionary policy of the company
 LEAVE QUALIFICATION Duration

SERVICE GR: Rendered service for at least 1 year 5 days with pay. The five-day SIL shall be
INCENTIVE  12 months service whether continuous or broken
LEAVE Exemption: cumulative.

1. Government employees, whether employed by the National

Government or any of its political subdivisions, including
those employed in government-owned and/or controlled
corporations with original charters or created under special
laws;
2. Persons in the personal service of another;
3. Managerial employees, if they meet all of the following
conditions:
3.1.Their primary duty is to manage the establishment in
which they are employed or of a department or subdivision
thereof;
3.2.They customarily and regularly direct the work of two or
more employees therein ;and
3.3. They have the authority to hire or fire other employees
of lower rank; or their suggestions and recommendations as
to hiring, firing, and promotion, or any other change of status
of other employees are given particular weight.
4. Officers or members of a managerial staff, if they perform
the following duties and responsibilities:
4.1.Primarily perform work directly related to management
policies of their employer;
4.2.Customarily and regularly exercise discretion and
independent judgment;
4.3.(a) Regularly and directly assist a proprietor or
managerial employee in the management of the
establishment or subdivision thereof in which he or she is
employed; or (b) execute, under general supervision, work
along specialized or technical lines requiring special training,
experience, or knowledge; or (c) execute, under general
supervision, special assignments and tasks; and
4.4.Do not devote more than twenty percent (20%) of their
hours worked in a workweek to activities which are not
directly and closely related to the performance of the work
described in paragraphs 4.1, 4.2, and 4.3 above;
5.Field personnel and those whose time and performance is
unsupervised by the employer;
6. Those already enjoying this benefit;
7. Those enjoying vacation leave with pay of at least five (5)
days; and
8. Those employed in establishments regularly employing less
than ten (10) employees.
Solo Parent A solo parent employee shall be entitled to the parental leave, Not more than seven (7) working days every year.
provided that: The seven-day parental leave shall be non-
1. He/she has rendered at least one (1) year of service, cumulative.
whether continuous or broken;
2. He/she has notified his/her employer that he/she will
avail himself/herself of it, within a reasonable period of time;
and
3. He/she has presented to his/her employer a Solo Parent
Identification Card, which may be obtained from the DSWD
office of the city or municipality where he/she resides.

Maternity Leave This benefit applies to all female employees, whether married  105 days of paid leave for a married woman
or unmarried. who gives birth

Paternity Leave Granted to all married male employees in the private
sector, regardless of their employment status (e.g.,
probationary, regular, contractual, project basis).
provided that he has met the following conditions:
1. He is an employee at the time of the delivery of his child;
2. He is cohabiting with his spouse at the time that she gives
birth or suffers a miscarriage;
3. He has applied for paternity leave with his employer within
a reasonable period of time from the expected date of
delivery by his pregnant spouse, or within such period as may
be provided by company rules and regulations, or by
collective bargaining agreement; and
4. His wife has given birth or suffered a miscarriage.
5. until 4 delivered legitimate spouse including abortion and
miscarriage.
Sick leave Granted on account of sickness or disability of the employees
or any member of their family (parents, brothers, sisters,
children, spouse and even house help who are living with the
employees).
Vacation leave Granted to employee for personal reasons, the approval of
which is contingent upon the necessities of the service.
Battered Under Section 43 of RA 9262
Woman Leave
Magna Carta You are qualified for the Magna Carta Special Leave Benefit
Special Leave for Surgery to Treat a Gynecological Disorder if:
Benefit for  a woman (single, separated or married, any age)
Women employed (private or public sector)
Employees  have been employed by your current employer for
the last 12 months PRIOR to your surgery
 have worked under your current employer for at
least 6 aggregate months within the said 12 months
 have undergone a surgery to treat your
gynecological disorder (certified by your licensed
gynecological physician)
 120 days of paid leave for a single or
unmarried woman who gives birth
 60 days of paid leave for a married or single
woman who undergoes miscarriage or
emergency termination of pregnancy
 Additional 30 days of unpaid leave is offered
as an option if you like to extend your maternity
leave
 Up to 7 days of paid leave (taken from your
105 or 120 days) can be allocated to the father
of the child, whether she is married to him or
not,
 In case the father is not available, a relative
within the 4th degree of consanguinity or the
current partner sharing the same household
with the mother can be chosen as alternate
caregiver.
shall be for seven (7) work days every year, with
full pay, consisting of basic salary and mandatory
allowances fixed by the Regional Wage Board, if any,
provided that his/her pay shall not be less than the
mandated minimum wage. No conversion to Cash.
Application for sick leave shall be filed upon return
to work.
Application for sick leave filed in advance, or
exceeding five (5) days shall be accompanied by a
medical certificate.
Approved sick leave submitted to the Personnel
Division later than the 6th working day after the leave
of absence shall be deducted from the employee’s
salary.
Vacation leave without pay is considered a gap in the
service.
A paid leave of absence up to ten (10) days in
addition to other paid leaves under the Labor Code,
extendible when the necessity arises as specified in
the protection order.
 PAID leave of up to 60 calendar days.
 Major surgery entitles to 22 to 60 calendar
days.
 Minor surgery entitles to 14 calendar days
or less.
 Number of leaves will depend on the
recommendation of your gynecological
doctor.
 Leave payment will be based on current
gross monthly compensation (monthly
basic pay plus mandatory allowances).
 You have filed a Magna Carta of Women Special
Leave for the surgery with your employer at a reasonable
time BEFORE undergoing surgery.
If emergency, you have notified your employer within a
reasonable time and have filed your leave after surgery or
appropriate recuperation period
REHABILITATION LEAVE–granted to employees for disability on account of The duration, frequency and terms of availing this
LEAVE injuries sustained while in the performance of duty. leave shall be based on the recommendation of the
medical authority i.e. maybe half day basis,
intermittent schedule or less than six (6) months, but
not to exceed six (6) months and their absences shall
not be deducted from the sick and vacation leave
credits
STUDY LEAVE Purpose of assisting qualified employees to prepare for their –a time-off from work not exceeding six (6) months
bar or board examinations to complete their master’s with pay
degree.
SPECIAL Leave of absence which may be availed of for a maximum of maximum of three (3) days annually
PRIVILEGE three (3) days annually to mark special milestones and/or
LEAVE (SPL) attend to filial and domestic emergencies such as birthday,
anniversary, mourning, PTA meetings, etc.
 SPL is non-cumulative and non-convertible to cash.
 SPL on emergency cases shall be filed within the
day upon return to work, and the
supervisor/office should be informed of the
reason of availing such leave.