Employee benefits in the Philippines

Posted March 8, 2010 in Employer Tips, Philippines by

On my previous post, I discussed the average salaries of traditional jobs in the Philippines.  I also mentioned on that post that those figures don’t include other benefits that companies offer on top of the regular salaries employees receive.

So what are the benefits that are required by the Philippine government to be given to working Filipinos?  To give a short run down, the following are government-mandated benefits:  Social Security System (SSS) contributions, Philippine Health Insurance (PhilHealth) contributions, Home Development Mutual Fund (Pag-ibig Fund) contributions, 13th month pay, service incentive leave, meal and rest periods, overtime pay, special holiday/rest day rates, and night shift differentials.  Other more common benefits that are not mandated but are given by a lot of companies are: holiday bonus, mid-year bonus, and paid holiday and vacation leaves.

  • Social Security Sytem (SSS) – The Social Security System was created by the Philippine government.  All employees hired by private companies are required to become an SSS member (Republic Act No. 8282).  This system aims to protect its members for when they are unable to work such as sickness, disability, maternity, old age and death, or other such contingencies not stated but will result in loss of income or results to a financial burden.  When an employee gets sick, SSS will reimburse them with their equivalent daily salary multiplied by the number of days absent.  When a female member gives birth, SSS gives the employee 2 months worth of salary to compensate for the time she will be off from work due to childbirth.  The SSS also serves as a pension plan for its members as SSS returns members’ monthly contributions after they retire from work.The amount of SSS monthly contribution is determined from the actual monthly salary an employee receives.  30% of total monthly contribution is deducted from an employee’s salary, while 70% is subsidized by the employer.
  • Philippine Health Insurance (PhilHealth) – The Philippine Health Insurance Corporation is the medical insurance company of the Philippines.  All employees are required to be contributors of this service (Republic Act 7875).  Members are given health and hospitalization subsidies should they or a dependent be hospitalized.  Monthly contributions are based on actual employee monthly salaries and the amount of employee contribution is matched equally by the employer.
  • Home Development Mutual Fund (Pag-ibig Fund) – Employers are also required to contribute, on behalf of their employees, to the Home Development Mutual Fund (Republic Act 7835).  This company provides the lowest interest housing and land acquisition loans to its members that are payable for up to 30 years.  This gives every Filipino worker an opportunity to own a house in easy-payment plans that can directly be deducted from their monthly wages.
  • 13th Month Pay – Based on Presidential Decree No. 851, all Filipino employees are entitled to a year-end bonus equivalent to one (1) month salary regardless of the nature of their employment.  The 13th month pay is to be given no later than December 24 of every year a worker is employed.
  • Service Incentive Leave – According to Article 95 of the Labor Code of the Philippines, an employee who has worked for at least one (1) year in a company is entitled to five (5) days leave of absence, with pay, every year.  If the employee does not avail of these paid leaves, the company may opt to have them do a mandatory leave of absence, with pay, or convert these unavailed paid leaves to their cash equivalents, to be given at the end of each year.
  • Meal and Rest Periods - According to Article 83 of the Labor Code of the Philippines, employees are entitled to one (1) hour break for meals on an eight-hour work day.  Employees are also entitled to adequate rest periods in the morning and afternoon, of short durations, that will be counted as hours worked.  These rest periods normally last for 15 minutes and can be used by employees as coffee or snack breaks.
  • Overtime Pay and Holiday/Rest Day Pay - Under Article 87, an employee who renders over eight (8) hours of service per day shall be given an overtime pay which is equivalent to his regular hourly wage plus at least twenty-five percent (25%) thereof.  Under Article 93, if an employee is asked to work on their scheduled rest day or on a non-working holiday, the employee shall be paid an additional compensation of at least thirty percent (30%) of his regular wage.
  • Night Shift Differential – According to Article 86, every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning.
  • Other company benefits – Other company benefits that are not government mandated, but are usually given to employees anyway are:
    Holiday/Christmas Bonus – This is given in December, on top of the 13th month pay.  This is considered as the company’s Christmas gift to their employees.
    Mid-Year Bonus
    – This is given in June, when the country’s school year starts.  This is to assist employees in school enrollment fees for their children.  This is also known as an educational assistance plan.
    Cost of Living Allowances – Some companies provide their employees with yearly rice, medicine, and clothing allowances.
    Paid Holiday and Vacation Leaves – On top of the mandated 5 days/year leave with pay, some companies give their employees additional paid holiday and vacation leaves.  The number of days allocated for these leaves usually vary from company to company and depends on the number of years an employee has been of service to the company.

All the benefits mentioned above, that are enjoyed by Filipino employees, are what “sweetens the deal” more than the regular salaries  that they receive.  When faced with a choice between two jobs that pay more or less the same in terms of salary, an employee will always consider company benefits in order to make a sound decision.  These benefits are equivalent to 30-50% of an employee’s yearly wage, sometimes more.  In the end, companies who know how to take good care of their employees will have a lower employee turn-over rate than those that give no more than government-required benefits.

Freelancers can opt to enroll themselves to SSS, PhilHealth, and HDMF as self-employed individuals to avail of the benefits these institutions offer.  However, if they’d wish to become members, they would have to shoulder the entire contribution themselves to cover for both employee contribution and employer subsidy.  The amount of the contribution will depend upon the income that freelancers will declare, and of course, benefits will also vary based on the amount of monthly contributions.

On my next post, I will discuss the difference between full time jobs and part-time jobs.

396 responses to Employee benefits in the Philippines

  1. Well… that’s amazing but to be honest i have a hard time seeing it… wonder how others think about this..

  2. The Labor Code in the Philippines is pretty extensive, but the ones I listed above truly are the benefits required by the government and every company must abide by them or they risk revocation of their permits. :-)

  3. I found you blog on search engines and i enjoy reading it. I’m sure I’m gonna read your next posts .keep up the good work! If interested in link exchange contact me!

  4. Thank you for reading our blog! We aim to write new posts every few days. Come back often to check for new topics :-) We will contact you soon.

  5. I am glad to claim the fact that I am the freshest new member right here and as i i am looking forward to speaking with all of you throughout here in the near future.

  6. is the transportation allowance mandated for the night shift employees whether probationary or regular?

  7. hello, this was very useful — thank you. have you posted your blog yet on full-time vs. part-time?

  8. @ Christine:

    Yes, I wrote the post on part time vs full time online jobs. Please check the rest of our blog for more tips and updates :-)

  9. @Francis:

    Hi! You can refer to this link http://www.chanrobles.com/legal4labor3.htm to check for the specifics of the Labor Code of the Philippines. I hope this helps!

  10. I would like to ask if there is such a thing as a 30% mandatory take home pay for every payroll given that there are deductions for absencesm tardiness, undertime and others? Thank you.

  11. Hi Harold,

    Please refer to this link http://www.chanrobles.com/legal4labor3.htm to check for other specifics of the Philippine Labor Code. Thanks!

  12. this is really beneficial to us employees. i would like to ask, is it legal if say, the company gives 10 days vacation leave (this is including 5 days service incentive leave with pay) to employees hired before 2000 but after 2000, only the 5 days service incentive leave is enjoyed by us (i’m one of the unfortunate). i find this unfair.. please advise. thanks and more power

  13. @vazariah:

    I am not very sure about the legalities of the labor code in our country. You may check the above links I gave to see if what you mentioned is stipulated in our code.

    I hope this helps. Thanks.

  14. If we are a regular employee can we enjoy with pay for those special holidays held by the government or not? can you mentioned those benefits which is mandatory for the regular employees?

  15. @Geny:

    Do you mean as a regular online employee? If you are an online worker and your employer is from another country, they are not required to abide by our country’s labor code. They may or they may not give you leaves/holidays with pay. It will be entirely up to them. The above post is meant to be used by employers as a guide to determine the right rate to give a freelancer and to differentiate the wages of an office employee from an online worker.

    If you are a regular employee of a company registered in our country, even if owned by a foreign national, they are required by law to abide by our labor code.

    I hope that helps.

  16. Actually we’re a regular employee of a company registered in our country. Is it possible that the casual and regular employee was given the same benefits or just company discretion? Or else is it necessary and mandated that the regular employees must gain higher benefits than the casual employees? Coz here in our company the benefits of the casual employees is also equal to the regular employees.

  17. @Geny:

    Please follow the links given above so you can read our country’s labor code in its entirety. I am not sure as to whether benefits given to casual and regular employees are different.

    The provisions I mentioned in my post are merely stated to give online employers an idea as to what other benefits are given to employees in the Philippines other than the basic salary. Thanks.

  18. You have not mentioned the paternity and maternity leave which are also considered mandated…I dont know if i still missed out something….thanks

  19. @Jofe Marie:

    Yeah, those too :-) Thanks for reminding me.

  20. I would like to inquire on something.

    What are the optional benefits for employees in the Philippines?

  21. Is it legal for a locally registered foundation (SEC) to tell its employees that they need to file Vacation Leave for certain special holidays (eg Quezon City Day- 19 Aug or 11 May – Election day) for the reason that it provides already 30 vacation leaves per year and so the employee can easily charged the said holidays to these credits?

    • @Robby:

      I am not exactly sure as to the legalities of the provisions of our country’s labor code. I just sited these provisions to serve as a guide to foreign online employers as to the benefits they may want to give their online employees.

      You may want to check out the links I gave above to get an idea about the answer to your question. I hope that helps. Thanks!

  22. is there a minimum number of lates that an employee can have? can he be terminated just because of his tardiness? what can an employee do if his employer does not pay them overtime or holiday pay

    • @precious: The number of allowable tardies is usually stipulated in your employment contract. If you find that your employer is in direct violation with any of the provisions of the labor code, you can always file a complaint with the Department of Labor and Employment. I hope this helps.

  23. Hi, I have a question… If i am the employee and my employer was Manpower that giving service to the other company and send me out to that particular company to work, the question is that, is it right for that particular company to cut down the number of days i should work? for example I work previously for 5 days then the company decided to just have 3 days of work. is there any violation for that? or is it their (company) right to do that?

    Thank you in advance hope you can help me. :)

  24. hi there! Just want to ask if I can request for a leave on our HR. I am already working on this company for 1year and 4 months (6 months as probation & 10 months as a regular employee) but I am still not qualified for any leave since the company rule is that the leave entitlement will only be given after 1year of service as a REGULAR employee. Do you think I now have the right to request for a leave (based from the government’s law)? Or the company rule must be followed since I am under it?

    • @Heidi:

      You are subject to the company laws and whatever is stated in your contract with them. I also think that your company is abiding by our country’s labor code as the code applies to regular employees.

      I hope that helps.

  25. is it legal for a call center company operating on dayshift to ask its employees to work on barangay election day this coming October 25? Also, how many times does an employee need to submit hr requirements such as police clearance and medical certificate? If you’re already hired and a regular employee, do you still need to submit police clearance and medical certificate every time it expires? The cost is not being shouldered by the company and there is no health benefit aside from the mandatory philhealth. Please help!!!

    • @Juan dela Cruz:

      The barangay elections is a special holiday. You may view the provisions on special holidays on the links I provided on my post. You can also view other provisions on our labor code to answer your questions re medical certification and police clearance. Thanks.

  26. i am just so thankful for the information that you have posted regarding government employee benefits…you made my study life easy to bear..thanks and more power!

  27. Question: what benefit/s are mandated to a retired employee who is rehired by a different company? and what would be the nature of his new employment? thanks

  28. I have a question : Monthly po ang sahod ko pero kapag walang pasok na hindi naman holiday kinakaltas ng company namin sa SL/VL namin at kapag naubos na ang SL at VL namin sa salary naman namin kinakaltas. Kung tutuusin hind kami matatawag na monthly employee. Did the company have right to do this?

    • @Kathy:

      This all depends on your contract with the company. Companies have a way of skirting the labor code without actually breaking any laws. You may want to check the links I gave above to find a more specific answer to your question. Thanks.

  29. Quick question: I want to know is the normal working hours 48 hours/week changed to 40 hours/week recently? If yes, since when? Thanks for your great help.

  30. Ma’am,
    Question po, if I filed a leave of absence for the whole pay period (leave with pay). Is philhealth contribution will still be deducted from my salary?

    Appreciate the answer.

    • @Roy:

      PhilHealth, SSS, and HDMF contributions will still be deducted from your salary irregardless of the fact that you were on leave or not. As long as you are employed by the company and receiving salary, the above-mentioned will still be deducted from your salary and taxes as well.

  31. Hi Ma’am, ask ko lng po kung legal ba na hindi bigyan ng mga mandatory benefits (SSS,Philhealth,Pag-ibig) and mga probationary employees? or it will depend on the company kung san ka nahire kung mgbbgay sila ng mandatory benefits to their probi employees. Thanks

  32. Good day!

    How about medical benefits? Are there government mandated or mandated by Labor law basic medical benefits for employees in the private sector?

    Thank you.

    Sol

  33. i am a job order employee of the government for more than six months, am i entitled for a bonus or 13th month pay? Thank you…

  34. Is an SSS pensioner entitled to a Christmas bonus aside from the 13th month pay which has been regularly given?

  35. i am a student and a am looking for the nature of bonus. i can’t find it.

  36. @Honey – What are the dates of these 5 mandated days/year leave with pay?

  37. my husband has ben in working in a service company and been recieving a mid year bunos then , then the company change it to performance bunos, but to no avail last year di na nila ito natanggap tinanggal na lang basta na walang pasabi, dati na itong binibigay ng company for as long as I remember can thay just terminate it na lng ba ng ganun?

  38. Mam just wanna ask how many percent should be added as compensation when you work during holiday at the same time it is your rest day, is that 80 % (30% plus 50%) or only 50%?

  39. hi just want to ask is there a rule under labor code saying that “if an employee does not work before/after legal holiday (no filed leave), he/she must not receive the holiday pay?”

    thanks in advance

  40. My colleague got employed in a company last March 1, 2010. Aside from the basic salary, she was told that her benefits include Christmas bonus, midyear bonus, 13th month pay and uniform allowance. These were stated in my contract during my probationary period and in my regularization contract, it stated that I am entitled to full protection of the Labor laws.
    The uniform allowance was given last summer; the Christmas bonus was given last month but the midyear bonus was not given yet. The midyear bonus is computed as 50% of the basic salary. She was told that the reason why she doesn’t have yet the midyear bonus is that since she started employment only in March and the schedule of release is every May of the year. The company’s fiscal year is from May of previous year to April of succeeding year.
    QUESTIONS: Is the computation of midyear bonus is to be based on fiscal year or calendar year? Am I not really qualified yet for the prorated midyear bonus? If I am, how should it be computer if my salary is say P15,000 a month?
    Anticipating for your soonest enlightenment. I may have different interpretation of P.D. 851 which states that midyear bonus is considered as “equivalents” to 13th month pay. Thank you so much for your response.

  41. how long should a person wait for his separation pay? or how soon should an employer give their separation to an employee they forced to resign.

  42. @Phe:

    Please follow this link:
    http://www.chanrobles.com/implementingrulesofthelaborcode3.html
    Go look under RULE III, for weekly rest periods and RULE IV for Holidays with Pay.
    This will answer your question. ;)

    @raquel:

    Only if you did not worked for the holiday. Check out Section 6 of RULE IV, Book Three.
    I hope this helps!

  43. @Yam:

    I think it is best to discuss this with your employer or your HR department, as companies have different rules and computations about giving mid-year bonus.
    You can also check this link: http://www.chanrobles.com/revised13thmonthpayguidelines.htm

    @precious:

    In your case, this depends in your company, some may receive it just in a month after they have stopped working and all papers or clearance were settled. However for termination of work by the employer, you can refer to this link:
    http://www.chanrobles.com/implementingrulesofthelaborcode6.html This will help ;)

  44. i have a question. are NPOs also required to give to their staff these mandatory benefits?

  45. Shall we have our separation pay after we resign for the company for almost 5 years in service???
    What our the compensation that will be given to the resigned employee???

  46. @Jayfre:

    Yes, there are companies that will require 5, 7 or 10 years of service or more before having a separation pay. Separation pay is a different amount given by the employer when someone resigned.
    If your company converts your leave balance to cash, then you can expect to receive it other than your separation pay. Most of the companies will also give you 13th month, but this is computed according to up to what month you have stayed for the year. ;)

  47. Madam nais ko lang pong malaman kong ilan po ang leave and sick leave benefits ng isang regular eemployees na katulad ko ako po ay running to six years na sa aming company, dati po ay na aavail namin ung 10 VL @ 10SL pero nung napalitan po ung operation manager namin ay ginawa po niyang 5 days nalang lahat ang aming VL@SL. ang company po naming ay GLOBAL ONE SHUTTLE SERVICE (Rent a Car) composing of 50 employees regular and contractual…….maraming salamat po……..

  48. Good pm.

    Ask ko lang po kung may specific Labor Code law that covers “getting your asking salary upon regularization after 6 month probationary period”?

    May pinapirma sa akin ang HR. may “From-To” na table. Yung position ko same pa rin. Working status, Probationary to Regular, pero pagdating sa Salary rate, BLANK lang siya.

    Sabi ng HR di raw sila ang nagsusulat doon. Kung gusto ko daw makuha yung asking rate ko since regular na ako, idaan ko daw sa head ng dept. namin.

    Ang mali ko lang eh pinirmihan ko yung paper kasi kelangan na raw nila HR i-compile.Para akong pinapirma sa blankong papel.

    Di ko pa nilalapit yung issue sa dept.head namin pero di ba dapat AUTOMATIC na yun? Kasi may history yung dept.head namin na hindi nya nagawang bigyan ng regular rate ang dalawa kong officemates na 1 year and 6 months na sa work na nakapako sa probationary rate ang salary. May sabi-sabi, mahina sa HR Dept. ang Head namin which makes me worried.

    Bakit po ganun pagkakagawa sa Labor Code natin para di patas. Walang nasusulat na Dapat after 6 months, makuha na ng isang regularized employee ang kanyang asking salary noong job offer status pa?

    Anong part ng ating LABOR CODE ang magbibigay pag-asa sa akin? Salamat po

  49. @Ferdinand:

    You can find more about the employees’ right to incentive leave under Rule V (Service Incentive Leave) of Book Three (Conditions of Employment) from this link: http://www.chanrobles.com/implementingrulesofthelaborcode3.html

  50. @Jeff:

    Usually the probationary period is 6 months only, but it will also depend in the performance of the employee. It depends in the company or the management if the the probationary period for such employee should be extended based on how the employee performs.

    In most cases, the probationary rate is 90% of the regular rate. Which means if you are already appointed to be as a regular employee, your rate should increase automatically.
    The amount of the salary you should be receiving should also be indicated on the contract you are signing. If you are signing for a casual contract, the rate should be written there. Then another contract for the probationary and regular, since these are different salary scales. It is best to consult it with your HR and department head too with the copy of your contract.

    Rule VII of Book Three talks about Wage and Increase.
    http://www.chanrobles.com/implementingrulesofthelaborcode3.html

  51. Bee said on April 8, 2011

    What is the average annual percentage increase for a Virtual Assistant in the Philippines?

    What is the average annual percentage increase for a writer in the Philippines?

  52. our company declared Company Holiday from Dec 26-30 but we must file it as Vacation Leave, if we will not file it, it will be deducted to our salary.
    i would just like to know if there is a law under Labor Code that violates our rights of forcing us to use our VL.

  53. @Bee:

    Actually, it really depends on your employer if how much he will give you for your increase. There is no certain amount or percentage of the raise for freelancers. Probably, before getting hired and while in an interview process, you can ask your employer if how much and every when does he evaluate and give an increase. Otherwise, you may apply for a higher rate so you won’t get stuck with a low rate for a long time.
    You can read this related article: Should you lower your rates just to get work?

  54. @concernedemployee:

    Luckily, yes we do have!
    Rule IV (Holidays with Pay) – Section 6:
    http://www.chanrobles.com/implementingrulesofthelaborcode3.html
    Although, this is about the day preceding a holiday but it might help. :)

    This is from the labor code and I would just like to quote it for you:
    “…he shall not be deemed to be on leave of absence on that day, in which case he shall be entitled to the HOLIDAY PAY if he worked on the day immediately preceding the non-working day or rest day.”

  55. Hi Debbie,

    How much should a Virtual Asssistant make on average in the Philippines?

  56. @Bee:

    Check out this post for the suggested rates on different jobs.

  57. Great info! Thank you Debbie.

  58. A friend mine of is a probationary employee. He was not given pay on every holiday. Is that legal that they deduct every holiday in his pay slip even if his a probationary employee? Are there laws about this? thank you

  59. Are probationary employees covered by the labor code?

  60. hi debbie.. just want to ask about leave of absence.. I was assessed by our company, i was diagnosed with acute laryngitis including hoarseness of voice. I was advised to be sent home and rest for 2-3 days. My team leader and the assistant operations manager didn’t want to follow the recommended advice of the company doctor. They want me to work despite of my condition. I’m working in a call center. My work requires me to talk 7.5 hours.. What law are they violating? Are they going to be liable in case my condition will become worse?

  61. hi debbie.. just want to ask about leave of absence.. I was assessed by our company doctor, i was diagnosed with acute laryngitis including hoarseness of voice. I was advised to be sent home and rest for 2-3 days. My team leader and the assistant operations manager didn’t want to follow the recommended advice of the company doctor. They want me to work despite of my condition. I’m working in a call center. My work requires me to talk 7.5 hours.. What law are they violating? Are they going to be liable in case my condition will become worse?

    Thank you in advance.

  62. @Jess:

    Please check on the links given above for the holidays with pay. ;)

  63. @carmi:

    I am not really sure about it, and I haven’t found any on the labor code. However, you have still the right to use your leave and this is important because it is about your health’s safety.

  64. I just want to ask is there a rule under labor code saying that “if i was absent before or after legal holiday (no filed leave), is my holiday will be paid?”
    thanks

  65. I just want if i was absent before or after legal holiday (no filed leave), is my holiday will be paid?”
    thanks

  66. dapat po ba may yearly salary increase for employees on a private company?

  67. isa po akong driver 2x or 3x a week kung magbyahe pa manila from albay, ang sweldo ko per day with allowance of 500.00 for 2 nights and 1 day,no overtime pay po na binibigay,may pag asa po ba na manalo ako if ever na magreklakmo or mag file ng complain sa DOLE? ilang percent po ang chances ko na manalo or maibigay yung dapat sakin?

  68. Hi Madam, I just want to ask some questions. I was working as a regular Head Supervisor in one of the BPO Corporation for 4 years here in Ilocos Norte. Is it ok that my employer proposed that will reduce my working days in coming to the office that they will only pay the days of my presence ( 4 working days and 3 days-off). Where in fact I didn’t violate any of the office policies and rules, the only reason why they will lessens my days and even the other supervisors is that, they want to lessen the salaries and benefits given to us. They based this proposal from the number of sales that our agents producing coz it decreased for 20% for almost 1 month now. Hope for your reply. Thanks

  69. Hi,
    I just want to know if there is a specific part in Labor Code that employees should have a yearly wage increase?

    Regards,
    Heckle

  70. Rock said on May 4, 2011

    Hi debbie,

    I’ve read section 10 of Rule 4 (chanrobles’ site)
    scenario is:

    I was out Maundy Thursday, Good Friday (observed the holiday) and Black Saturday (company do not have support and observed the holiday). I didn’t go to work on Monday following the holidays. I didn’t receive pay on the holidays i was out. Is that legal?

    thanks in advance.

  71. Gie said on May 6, 2011

    Hi Debbie!

    My friend filed a leave of absence from work a week before April 23 (Black Saturday) and it was aprroved. However on April 18 it was declared as “Special Non-working Day”, her leave was disregarded by their Admin so she was not paid while her colleagues who worked was paid at with premium. Is there any rule in our Labor Code pertaining to the preceeding situation?

    Kindly help. Thank you in advance.
    Gie

  72. djam said on May 6, 2011

    @ gie:

    Under Section 6 of Rule IV, it says that employees will be entitled for the benefit, except if the filed leave is with pay. And..
    “…Those who are on leave of absence without pay on the day immediately preceding a regular holiday may not be paid the required holiday pay if he has not worked on such regular holiday.”
    Please read more on this link: http://www.chanrobles.com/implementingrulesofthelaborcode3.html

  73. djam said on May 6, 2011

    @veronica:

    Some companies do it yearly and others, every 6 months of evaluation. However, the salary increase will still be based on the performance of each employee.

    @warren:

    If you were able to read under Night Shift Differential under Art. 86, our law says:
    “Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning.” I guess you have the right to receive a night differential. But don’t forget to consult a professional about it.
    Check also the link for Chapter I (Wage Increase) of Rule VII.

  74. djam said on May 6, 2011

    @karen:

    Probably your company is undergoing financial issues why they are lessening your work days. Most companies who went through financial crisis do this process. It is going to be your decision this time, and if you have any other option than accepting this, it’ll be better. :)

    @Rock:

    Book 3, Chapter III is going to be the most helpful for your case. Read Art. 94, Right to Holiday Pay and Maundy Thursday and Good Friday is included in the list. :)

  75. Hi, ma’am!

    Just want to inquire if a company can remove fringe benefits once company face financial strain. Is it legal? thanks you.

  76. Hello, follow up – how about Cost of Living Allowance? Where does it fall as it does not mention above list? Is it taxable?

  77. Does a probationary employee also have the right for mandatory benefits?

  78. djam said on May 13, 2011

    @Archie:

    Employee allowances is not required and not a ‘law-mandated’ benefit. This includes clothing, transportation, meal allowances and some companies offer fringe benefits to executives like grand vacations or private use of company cars.
    These are also not taxable unless it exceeds the price ceilings set by law. And these kind of allowances are given based on the company’s decision.

  79. djam said on May 13, 2011

    Hi Mochi! The mandatory benefit such as sss is given from casual, probationary to regular. However philhealth, and hdmf (pag-big) are typically not. But all of these are still at company’s discretion.

  80. hi! i just want to ask lng. kase my pumunta sa company namin and asking to receive the papers from the other company. The sheriff and the nlrc were so makulit so i received na lang the papers knowing n hindi pra sa amin un. Maaaring n lng bng pumsok ang sheriff anytime they want bcoz ng sign ako? help… im worried.. i know my boss will get mad,i think he already mad n to me..badly need ur help.. thnx!

  81. Would like to ask if there’s a law mandated or special benefit given to an employee who is charged or involved in a criminal case.

    Thanks

  82. Would like to ask if there’s a law mandated or special leave benefit given to an employee who is charged or involved in a criminal case.

    Thanks

  83. hello madam i started working in my company since march 01, 2001 to present as a clerk and receiving my pay thru petty cash form weekly no deduction for sss, hdmf and phic. november of 2002 i became a regular employee i just want to ask ma’am if when my years of service will start. thanks in advance

  84. Our finance people attended a related seminar last dec. 2010 and had informed us that Pag-ibig contributions can minimize tax deductions. In other words, to minimize tax deductions, an HDMF member has to increase the HDMF member contribution. Is there a limit or maximum amount to avail of this non-taxable

  85. debbie,

    ask ko lang… is May 1 (legal holiday) that fall on a sunday given an additional pay to monthly paid employees?

  86. Madam,

    Could you please enlighten us on how across the board increase is to be applied? Is this limited only to regular employees or this is also applicable to new hired employees and those who are on probationary period during the time it was implemented in the company? For instance, If an employee was hired on June 2011 and across the board was implemented effective June 2011 or an employee was hired prior to the date of its implementation, is he also entitled to the across the board increase? On both examples, is it regardless of whether or not they are regular employees? Can you also cite a specific Labor Rule (Article No.) that attest to this? Thank you so much for your soonest. response.

  87. djam said on May 27, 2011

    @Shiela:
    I think you should have let your supervisor or manager know about it. For cases like that, especially for signing papers, you should always consider if a higher position was already informed or not. ;)

    @Miguel:
    I’m not quite sure about the benefits that a person involved in criminal case may received. But I guess unless he is not proven guilty, he still have the right to receive the benefits from his work. At the end, it still depends with the company’s policies.

  88. djam said on May 27, 2011

    @Bong:
    Do you mean the start of your deduction in SSS and Philhealth? It should have started when you were casual or probationary (for SSS) and until now that you are regular.

    @Luisita:
    I think you have to check it through their official website at http://www.pagibigfund.gov.ph/. :)

  89. djam said on May 27, 2011

    @Alvin:
    Unfortunately, no. But if you work for that holiday, you should be paid for it.

    @Yan:
    This all depends on your company’s policies. But for some other companies, they will be qualified for the increase as long as the date of approval is prior to the date of appointment of the employee.

  90. kapag ang empleyado po ba ay naging regular na, kailangan po ba na mabago na rin ang rate ng sweldo.Kailangan po ba automatic na mag increase na.

  91. @madam debbie for 1 year and six month i was paid thru weekly allowance no sss, hdmf and philhealth deduction, then after i became a regular employee. Does my 1 year and six month before i become a regular be included in my years of service in the company? thanks and more power ma’am

  92. djam said on June 3, 2011

    @Cely:

    Yes, Cely. The rate of a casual and probationary is different from the regular. It should be automatically increased since the rate of a probationary is just a percentage of the whole rate of a regular.
    I hope this helped!

  93. djam said on June 3, 2011

    @Bong:
    Yes, as long as you have worked for the company it is automatically counted.

  94. lou said on June 7, 2011

    good morning! May i asked if it is legal that we dont have mid-year bonus this year, since we only earned income this May? As per my boss, she wont give us mid-year coz we are nagative income for 4 months….this is the first year that we dont have mid-year, but it is not our first time to have 4mos nega income.. thanks..

  95. @Lou:
    Yes, it is ok if your employer decides not to give you mid-year bonus for this year. As stated on the above post, the mid-year bonus is considered as Other Company Benefits:
    “Other company benefits – Other company benefits that are not government mandated, but are usually given to employees anyway “

  96. hi, im working on a japanese company here in the philippines, since our work is based from japan, we followed japanese holiday, we receive regular pay on philippine holidays and we dont go to work on japanese holiday. is it legal? another question is that, they give bonus every june and december, but recently, they give the bonuses only to those pioneering employees. the weird part is they give it in an envelop with a letter saying that if they told anyone that they received the bonus already, it will be the last time the company will give it to the employees.

  97. Joy said on June 17, 2011

    Hello, I have a question – I am a manager in a large firm and I requested from my senior manager last December extended vacation leave without pay to travel abroad. We had a verbal agreement, however, today, she told me that when she initiated the leave in our HR tool our GM disapproved the said leave. My flight to the US is this Tuesday. Is this legal?

  98. Hi! I just want to ask the computation of mandated contributions if the employee is wage earner. Example: the employee is weekly earner? How to compute and deduct the contributions?

  99. Hello.. I am a private school teacher for almost 31 years, receiving an April and May salary. Our principal asked us teachers to report to school on May 2, 2011. I had 2 days absences and had days in May that I reported only 4 hours or less. Our principal told us that there will be deductions of our absence and under time this June salary. My question: Is it legal or is it right that we will be deducted this June? Please enlighten me about this issue. I’m glad to hear from you…take care and God bless…

  100. Is it legal for a company not to give 13th month pay to managers? Aren’t we entitled to 13th month pay also? Our company is telling us that managers are not entitled to it. Please advise. Thanks

  101. Can a private school teacher avail of a 5-day service incentive leave? Do we have vacation leave?

  102. if the company decides not to give you a salary increase after you’re regularization,is it legal?thanks…

  103. ms.debbie…im awee from a private company here in makati philippines. Our company is own by a australian american company and our products is exported to europe,asia,and america and also to australia…our commercial manager is a filipino and we are dental technician with PRC license…the problem is we as a regular employee we demand to have an annual salary increase…but sad to say our COMMERCIAL manager said that we dont have a annual salary increase..NOT AT ALL… is it true that some private company in metro manila dont have ANNUAL salary increase how about we reach 10 or 20 years in company are we still in minimumk wages at defend to the demand of government if they will have a increase in minimum wage….i need your answer maam.

  104. djam said on July 1, 2011

    @Marco:
    It is okay to follow Japan’s holidays if you work under them. Bonuses are not mandatory and your employers can give it to anyone who did a great job. But you have to look if they based it on the employees’ performance. If not, I think you have to talk to a DOLE staff.

    @Joy:
    That was a very disappointing situation. However, I believe it should be in a form of written agreement when you file a leave.

  105. djam said on July 1, 2011

    @Toche:
    I am not quite sure about it, but what I know is SSS and other government contributions will require either a semi-monthly or monthly remittance. That means that if you are weekly it is ok if you deduct the employee on every second week (dividing the amount of employee’s contribution to two) or deducting the whole amount to the last week of pay of the month.

    @Saira:
    It actually depends on what you have signed and written in your contract. It is best if you check it, if it was in your agreement before you apply in the school.

    @Gregory:
    You should be given a 13-month bonus. If not, you have to discuss it with your company or supervisors. Quoted from the above post:
    “13th Month Pay – Based on Presidential Decree No. 851, all Filipino employees are entitled to a year-end bonus equivalent to one (1) month salary regardless of the nature of their employment. The 13th month pay is to be given no later than December 24 of every year a worker is employed.”

  106. djam said on July 1, 2011

    @saira401:
    Yes you are still qualified for a vacation leave. Check the Service Incentive Leave, Article 95 of the Labor Code of the Philippines on the above post.

    @analy@2248 and @awee:
    This article might help you: Executive Order No. 153

  107. Hi Ms. Debbie,

    Is there any statement on the Labor Code / Philippine Code that an employee must have an increase in salary upon regularization? Also, what can be a possible action of an employee if he/she has not been regularize in 9months? Hope you could help me on this. Thank you so much.

  108. shy said on July 5, 2011

    hi
    i am a private school teacher and my employer is not giving us our salary for April and May.. but then i am already a regular employee… just want to ask if a regular employee is entitled to have a salary during April and May? is it possible to claim that benefits from my employer?

    Thanks and God Bless…

  109. Thank you for sharing this information. I am a new employee in a company and I’m still not familiar with this Employee Benefits. So, I am glad to have read this post.

  110. ia said on July 7, 2011

    hi madam
    i know that incentives like perfect attendance bonus as well as incentives for sales etc will be the management’s call, is there in labor code wherein we can file complains if the bonus incentives where delayed consistently every month? and the 10% increase in salary once regularized is it still their call?

  111. Hi madam,
    Im hired as a contractual since January 3, 2011. Makaka avail po ba ako ng mid year bonus this june or do i am intitled to avail the 13th month pay kahit hindi pa ako regular employee in the company??

  112. djam said on July 8, 2011

    @khacee: Please check out the the article for Executive Order No. 153. It depends on your contract on how they regularize employees. I’m sure that they do it on a performance-basis. It is still on your company’s decision when you can be a regular employee.

    @shy: Is it included in your contract that they need to pay you for April and May? If yes, then you have to consult it with DOLE.

  113. djam said on July 8, 2011

    You’re welcome Corrine!

  114. djam said on July 8, 2011

    @ia: Sadly, I don’t think there will be a labor code for that. But I’m not sure, you might want to check the links listed above. :)

    Hi Mary Joy, Please go to http://www.chanrobles.com/presidentialdecreeno851.htm

  115. shy said on July 9, 2011

    hello again mam debbie…

    we do not have a contract but we are given an appointment letter stating that i am a regular employee and it confirms my employment… that agreement is valid for the school year and it is subject for renewal based on satisfactory performance rating…

    it is somewhat confusing coz if am a regular employee, (i’ve been in that school for 7years) why it is renewable based on my performance? well in fact i am not probationary employee right? so what would be my stand in that case po mam?
    so based on that agreement do i have a right to still claim my april and may salary?

    thank u again…

  116. Hi, im working in a chain of restaurant here in makati, my question is, is the store supervisors & management trainees not entitled to a night differential pay? do they fall under managerial employees? is there a categories of managerial employees? thanks

  117. ma’am magandang araw po. tanong ko lang po. kc yung companynamin lagi po kinakaltasan sa pag-ibig. pero hindi pa po ako nakapag-apply sa PAG-IBIG. pano ko ba matitres kung hinuhulagan talaga nla yung PAG-IBIG ko.

  118. hi maam,
    im a private employer of private company when they assigned me here in province they told me that my basic salary will become a higher than province rate,, but im going to 3years now here in the province but my salary wasn’t increased. and we’re log-in in manila and compensator is in manila my question is do im manila rate or province rate?? if im manila rate why my salary wasn’t increas?? do i have claim do the company?? thank you and more power.

  119. hi ma’am, just want to ask kung nasa descretion ba ng company kung kailan nya gustong mag increase ng salary ng kanilang employee or theres a such article according to labor code of the philippines (if meron, up to what extent or kung how many years in service) tnx po…

  120. Thanks, Debbie, for the answer. You enlightened me about the issue. I have been teaching for 31 years but until now I never received the 5 day of leave of absence with pay. I availed only SSS sickness benefit. What move can you suggest so I can avail of the 5 day leave with pay?

  121. Hello, shy, just want to ask you if you were able to avail of the 5 day leave of absence with pay? If yes, how did you do that? Did the employer offer it to all his/her employees?

  122. shy said on July 12, 2011

    @saira
    yes i have availed my 5 days leave with pay..

  123. JJ said on July 14, 2011

    gud pm,

    I just want to ask if a part timer like me is also entitled of these government mandatory benefits. Im working in a korean based company for more than a year now..
    thanks!

  124. hi there… Just want to ask 1 year ako naging regular employee then after 1 year wala man lang kme pinirmahan na any contract or how much our monthly salary… No requirements na ipapasa just an NBI only… Pwede po ba yun?? No bonus just the 13month only… Please reply on this matter… Now im hired for another company and were doin the medical etc… thanks so much..

  125. Thanks, shy, did you receive a one month salary in December even if there was Christmas vacation for 1-2 weeks? I ask you this because ever since I’m teaching in the private school for 31 years…never receive or avail of the 5 day service incentive leave with pay?

  126. @shy: You’re welcome. I think it will be best if you ask it with DOLE. Your letter of agreement should say that your work is contractual and not regular since it is renewable.

    @sandra: Those who are in supervisory levels are not qualified to receive benefits such as overtime and night differentials. It is already reflected on the salary given to him on his promotion. Please refer to this article for the coverage of managerial employees.

    @rodel: You can go to a PAG-IBIG office and ask them if they receive any contribution coming from you. They can trace it from their system.

  127. @arnel: I’m not quite sure about it. But in my opinion, even if your company is on Manila and you are based in the province, your rate will follow the provincial rate. Unless, you were based first on Manila first before being designated to the province, your salary should be higher than the provincial rate. However, you should check your contract, if there is any, that says you will receive a raise annually or every six months, then you should claim it since you didn’t received it within 3 years.

    @butterscotch: This all depends on when is the time that you’re company gives evaluation. Most of the times, the company gives a salary raise base performance and might lead to promotions. Other companies does not, or it might have been disapproved by the board.

    @JJ: Yes, you can still apply for the government benefits. You can apply for the self-employed or voluntary if the company doesn’t provide you with this. Just make sure that on your payslip there is no deductions of such. Quoted from the post above:
    “However, if they’d wish to become members, they would have to shoulder the entire contribution themselves to cover for both employee contribution and employer subsidy. The amount of the contribution will depend upon the income that freelancers will declare, and of course, benefits will also vary based on the amount of monthly contributions.”

    @chloe: It is not really necessary for the company to produce a contract annually. If you are regular then it may serve as your contract not until you were promoted. But if your position is contractual, then you should receive another contract for renewal.

  128. shy said on July 16, 2011

    @saira

    yes.. since we are teachers, we are paid monthly right? so, it’s mandatory i guess that we are paid in that month (December) whether worked or not… what about your April and May do you also received a salary?

  129. gud morning mam;
    3 po kaming naka-assigned dito sa province pero yung head lang namin ang binabayaran ang day off 2 of us was’nt paid, pwede or may karapatan po ba kaming mag-recklamo sa main office namin na anjan sa manila?? and wala po kaming pinipermahan na contact dito, di po tuloy namin alam kung regular na kami kasi hindi naman kami na increasan ng sweldo and we are now going to 3 years here in the province.
    salamt po

  130. Hi! can we extend the probationary period of an employee if we want to give her a chance to improve her performance? How? can we do it in a written agreement without violating our labor law on prob period?

  131. ann said on July 20, 2011

    ms. debbie, I have just rendered a 1 year service in our company this July. I would like to ask if that 5days service leave incentive, which I am now entitled to avail, will be consumable within July 2011-December 2011 or July 2011-July 2012.. your reply will be highly appreciated.. thanks

  132. Juz wanna ask this concern!

    We are connected in private school institution! Is it legal that we can avail only our vacation leave only after graduation period until May 15….we are not teacher we are in the part of support personnel…

    Thank you so much…

  133. Gud day Ms. Debbie I want to ask.. How long is the period of Casual and probationary contract.

  134. BAL said on July 22, 2011

    when a regular employee was placed in “floating” status and doesnt get to work till assigned to a new dept. would it be the employer’s right not to pay his salary along with the other benefits mentioned above?

  135. @sheila: yes you can do that

    @Shane: The usual period of Casual is 3 months then probationary is 6 months. But this all depends on performances.

    @Bal: You can try asking for it, though I’m not sure if they will give it.

  136. hi, jas want to ask how long does it take for a school personnel working as office staff to be considered permanent? coz as far as i know teachers are required to render 3yrs of service before getting der permanency status. pls enlighten me on this matter. your response would be of great help. thanks.

  137. @shy,
    thanks, for the answer…i’m receiving my april salary after my three years and receiving my may salary after 10 years…but never avail of 5-day service incentive leave with pay ever since….

  138. Hi Debbie,

    Ask ko lang kasi i was regularized with my present company last February 2011. I am expecting a 10% salary increase upon regularization based on my contract. But until now, i haven’t received the said salary adjustment yet. They said that its still under process, But they assured me that they will give the increase with appropriate retro pay as long as the process completed. But until now, it been almost 6 months and i haven’t get any updates from them. Until when should i wait for that increase? Do you have any idea? Thanks in advance.

  139. it is legal to have a contractual employee in one organization? it is renewable every year even about 5-10 years stay in the company still the status of the employee is contractual. your reply is highly appreciated. tnx

  140. Good day Ms. Debbie, It is mandatory in one company to issue an internal medicine like paracetamol, pain reliever, etc.? only free in our company is external medicine like, betadine, agua, bandage, ointment, etc. As of now we have a total of 119 employees.

  141. @Micoy: Sorry about that but I really can’t tell until when you can wait, only your company can inform you about that issue.

    @Lanie: I don’t think it is required. But you can probably request medicines like what you have mentioned, paracetamol and pain relievers.

    For other concerns, please don’t forget to follow the links Honey gave above so you can read our country’s labor code in its entirety. Also, you can post in our Forum so other users can participate and may help you. :)

  142. Ms. debbie Ask ko lang po pag naka maternity leave po ba all holidays should be pay by the company?bayad po sya sa Maternity Leave paid by SSS.

  143. is there a difference Regular employee receiving monthly salary and regular daily ?

  144. @shane: Please refer to this link: Maternity benefits

    @eric: What I can see as difference is how your work is being counted. If a regular employee receives his salary monthly, there will be possibility that even if he did not worked for a certain day, he will still receive his salary as whole amount. But, there may also be a case that the times that you haven’t work for certain days will be deducted on your monthly salary. It all really depends on your agreement with the employer.
    In a daily basis, if you don’t work for that day, then it is clear that you won’t be able to receive your salary too.

  145. If the employees are contractual or per project basis , mandatory ba ang sss, philhealth,pag ibig?

  146. ms.debie ask ko rin po, gaano katagal magserve s isang company para ma- avail mu un healthcard benefits? what articles po s labor code pwede mag refer?

  147. Would you know any law that may give sanction to an office who make their employee still work on a declared holiday? How to get back at this company or where to complain about this issue?

  148. @arlene: I don’t think so. But I may suggest that you can also apply for those benefits as Voluntary/Self-Employed so you yourself can do the payments without the worry when switching projects.
    @mcshine: I’m not sure about that, but most companies will require you to be regular before you get a health insurance from them.
    @Martin: As long as you are payed double for it or higher than your regular pay it’s ok. If there are any other issues, you can ask the Department of Labor.

  149. Good Day! Just want to ask po kung may labor code po ba na below 8 or ten employees sa isang franchise store e di po kami sakop ng minimum wage? Thanks po, san pong article po ba yun?
    Thanks po,
    Jaylika

  150. what is the policy regarding the 22 medecine to be paid by philhealth?

  151. I am filipino national having a part time job in pasig. This is my only job since i already have a family. I asked my company if I can pay for my benefits such as SSS, philhealth, tax. Do you think it is possible to pay the benefits even if I am a part timer? BTW, my basic salary is really high and it seems possible to p[ay the benefits,

    Thank you

  152. hello ano po ba mga differences sa benefits ng regular and contractual employees?? pls reply thank u

  153. i would like to ask, do i still get paid on holidays even if I exhausted all my sick leave and vacation leave credits due to my illness, what article in our labor code stated these? please discuss, thank you so much and more power and God bless!

  154. @hisoka: I don’t know the latest news, but I read from this article that is still a proposal and under discussion.
    Quoted from that article is: “This proposed Philhealth program is also called No Balance Bill Policy because it seeks to cover the full costs of the medical and surgical procedures in accredited government hospitals. ”

    @Jennefer: Yes, you can pay your benefits by applying as Voluntary/Self-employed.

    @Marc: Please read older comments. :)

    @Accountant: Please see the above post for the link on the labor code. :)

  155. hello po,

    I have a friend who is a manager… ang sabi, there is no night diff on managerial work..What if the employer asked him to work overtime…A work na d dapat for him…A work na hindi isang manager ang gagawa… Is he entitled for a night dif?

  156. good day !

    i just want to ask something.is it possible that an employer can turn his regular employee into part-time employee ?

  157. @dions: What I know is whatever work he will be involved to, he will not be qualified for night differential or overtime pay. Because once you are on the supervisory position, you will be promoted, have a raise and other benefits.
    @jeffrey: I haven’t heard any case like that before probably because of cost-cutting? You can check the links above if that is possible or legal. :)

  158. good day mam Debbie !

    panu po un mam wala naman cost-cutting na nangyari sa company nila.but instead ang ginawa ng employer ay binawasan ung sahod ng regular employee nya.from 8,000 ginawang 5,000.ung nabawas na 3,000 ay idinagdag sa bagong hire na empleyado.hnd po ba nalabag ung karapatan ng regular employee ?

  159. hi ms. debbie. sa company po namin (call center), sapilitan ang lunch overtime at post shift ivertume. pati na rin ang. rest day overtime. dapat bang sapilitan ang ivertime o dapat sinosolicit ng Employer?

  160. pwede q po b ifile ang 1day sick leave, halimbawa may masakit lang sa’yo kaya d ka nakapasok?

  161. hello madam…
    I’m a nurse working in a government hospital in a province. i have been working for almost 3 years now as a contractual. I, and other contractual nurses are paid by daily basis, no work- no pay. we dont receive any benefits, night differentials, holidays, etc, only our basic daily wage. We did not even received the 10,000 pesos that Pnoy promised last Christmas for a bonus. Every 2-3 or 4 months, our contracts end, and we are given a 5-day break without pay before we can renew contracts and be back to work. My question, is it really legal? Is it allowed in our labor code. Are we really not entitled for any benefits, even a hazard pay because our work is really hazardous to our health. Please enlighten my mind..

  162. my employee does not pay our benefits.. to name sss, philhealth, pag ibig, overtime pay, night differential and government holidays… ano kaya ang magandang gawin?

  163. Is it legal for my employer to make me take on the Treasury Supervisor’s responsibilities with all its accountabilities while she’s on maternity while I was only hired as rank and file?

  164. hello po. im illegally dismissed as a employee but im also an incorporator, what leggal move can i do?
    thanks…

  165. can a part-time employee demand for a pay slip? because in my company they do not give it even they do deduct withholding tax.

  166. Is the employer required to give health card/accident insurances to its employees when their work schedules will be changed from day shift to night shift?

  167. @jeffrey: Was he notified about it or let them signed any new contract? However, if the company do that, he might still do it on the next months or years. I think it is time to switch and look for other options. :)

    @shei: It is actually your employer or supervisor’s decision especially if it is really needed for the company. Also, if they asked you for overtime, is it paid or not? If it is not, then it is an issue that you have to discuss with them. It seems they are asking too much time from you and you are allotting your lunch time to work. I guess they have to approve immediately a filed leave when you asked to. :)

    @Nev: Yup, as far as I know, sick leaves can be filed on the day itself or when you came back at work. It all really depend on your company’s policies.

  168. @lynrose: Please check the links mentioned on the post.

    @Jm: I think you also have to check your payslip if there are any deductions on your basic salary. If proven none, then I guess you have to pay your benefits and apply as ‘Voluntary / Self Employed’. Regarding the night differential, overtime and holidays, that is illegal if they don’t pay it right, you should discuss it with your management then.

    @Bane: Please check our labor codes for that. But that is possible and most companies do that.

  169. @Eric: Please check the main site of chanrobles. :)

    @Pol: Yes, all employees, regular, part time or contractual should all be issued a payslip.

    @Lea: Yes, they should be issued a health insurance. Even day shift employees should have it too especially if the work is hazardous.

  170. good day po, tanong ko lang po, working po ako as cellphone technician for almost 10yrs. sa iisang employer (lokal) at may balita ako na bibitawan ang pwestong inuupahan, regarding sa mga benefits 13th month at bonus lang ang natatanggap ko other than that wala ng iba pang benepisyong inaallowed sa akin. Ngayon po kung sakaling magsara itong pinapasukan ko may makukuha po ba akong halaga as a seperation pay sa loob ng 10yrs i my service as tech’n? may mahahabol po ba akong benepisyo mula sa boss? Malaki po ba ang karapatan kong maghabol sa mga benepisyong hindi inallowed sakin habang ako’y nagtatarabaho tulad ng ilang benefits na nabanggit d2?
    Sana po ay matugunan ninyo ang aking katanungan, malaking pasasalamat po sa inyong mga paliwanag.

  171. itatanong ko lang po kung tama po b yung ginagawa po ng employer ko na kung 1 day absent lng ang employee at hindi po nakapagfile ng leave of absence considered two absences n po un..at kung half day k naman po considered 1 day absent n po un..sana po matulungan nyo kmi

  172. I just would like to ask if the probationary employee is also required to have government benefits like SSS,Pag-ibig and phil-health.thank you and more power!

  173. @Rodel: Please check Book 6 Section 9. Hope this helps!

    @Beverly: I haven’t heard any of that case before. But I think that is too strict of your employer. You can check our Conditions of Employment regarding our leave of absences.

    @Joanne: Please check the Chanrobles’ article links above regarding the benefits of SSS, Pag-ibig and Philhealth. :)

  174. hi ms debbie.. my frend me, he asking for help..8 mos p lng xa s co.. is it possible daw b n mgincrease xa? db ang employee regular n once nkasix months n xa? tnx on his behalf

  175. hi po tanong ko lang po kung pwede po ung ginagawa ng employer namin na mandatory po ang pag kuha ng health card kahit na madami ang may ayaw dahil kinakaltas din po ito sa sahod namin.

  176. Hi Ms.Debbie,

    I work in a call center as an outbound callcenter agent.I’m a regular employee.Every december we only work for like 2 weeks and the other 2 weeks we are advise not to work without pay by our employer because of our client’s decision kc ung tinatagan nmn mga managers and owners of big companies tpos during december usually pg malapit na xmas wala na sla kc their on vacation na.so mga dec 18 until january 1 wala tlga kmi work.balik kmi work may january 2 na.ask ko lng po kung tama ba na without pay kmi for 2 weeks even were a regular employees?nasa law ba yan?kc di nmn namn kasalanan kung ayaw ng client mg dial kmi for that span of time i thnk problema na yan ng employer nmn.

  177. Hello po clarify ko lang po about leave sa tagal2 ko na po nagwork now ko lang po na encounter sa bago kung employer ang leave namin ay not convetible to cash ok lang policy nila eh. Ang di ko lang po gusto ay bakit di pwede tuloy2 ang leave ang gusto nila as per operation manager dapat daw po ay 1 day interval? La naman ma say ang HR kasi as per manager daw po. Hello ok lang po ba sila na sila masunod sa leave mo eh benefit na un bilang isang regular employee when to consume your leave on the date you want. Pls enlighten me maam.

  178. just want to ask last Tuesday we had a typhoon.
    I couldn’t get to work because of that reason.
    My boss didn’t consider it and he deducted my salary and got my incentives.
    I felt so hopeless it was not my fault to be absent in that date.But my boss was very inconsiderate.what should i do?

  179. @Eiluj: It depends on the contract he signed if how many months is his probationary period. It is usually six months but on most companies it depends on the performance of the employee. It is possible to be increased if the regular position is given to him.

    @Althea: Hi Althea, I’m not quite sure about it but what I know is Philhealth is the only required when you are already employed.

    @Michelle: If your work is per day basis, then it should be computed as how many days you have worked in a month. Please check also Book Three of our labor code.

    @Evangeline and Regina: Please check out Rule V Service Incentive Leave.

  180. Hi Ms. Debbie,

    we work in monthly basis and been working in this company for 5 years.

  181. Im about to retire. is it still ok to continue working on the same company after i retire, and if Im already receiving pension from sss ? Is this lawful ? Does the sss allowed this kind of practice? I would greatly appreciate any reply, thanks

  182. Are the employers required by the law to give their employees with HMO’s or even just an annual physical check-up / examination?

  183. I’m working 12hrs per day , am I entitled to a 15 min PAID break?

  184. Hi madam,
    Thank you so much for having time answering all our concern, i just want to ask if the 5 days leave a year both for VL and SL or 5 days each? is true that there is an increase of 2 days every year, until we get the maximum of 15 days? again thank you and God bless.

  185. @Don: I’m not quite sure about it. But I know is when you reached 60 years old, you can already get a pension from SSS, whether you’re working or not. You might want to check official website of SSS for their policies.

    @Raffy: I’m not sure about it but as I’ve mentioned before, Philhealth is one of the required health insurance to be given to employees. You can request your employer to provide you annual checkup. HMO’s are also deducted from your salary if they issued one to you.

    @Bambi: I guess you should be. It all depends, if you’re a freelancer and it requires you a time tracker everytime you work, then your 15 min won’t be paid. You can ask your employer about it.
    Also, Honey mentioned about Meal and Rest Periods on the above post. Please check our labor code.

    @Rowena: You’re welcome! Please check out Article 95.

  186. Good am if you don’t mind I woulld like to ask question about the labor law of the Philippines , Is it legal of the implementation of outsourcing/ spin-off of the Philippine Airlines Can the employee had the right not to follow the employer about the outsourcing? What will happened to the employee who doesn’t want to follow outsourcing? What is the procedure to protect ourselves regarding outsourcing?

  187. Hi Ms Debbie, Thank you for taking time to answer all our questions… I would just like to ask,

    Can an employer increase the working hours (from 40 hours per week to 48 hours per week) without increasing the salary?

    Thank you so much in advance. =)

  188. Gud day po! ask lng po sana ako kung amy kaukulang parusa po buh ang agency na palaging huling magbayad sa benifits,,, sa akin po kasi suppose to maka loan na ako sa pag-ibig ko kaso hindi po binayaran ng agency ko ang june contribution ko, but still they keep me waiting for three months, kung hindi pa ako nag email sa pag ibig office hindi ko nalaman na hindi pala nabayaran ang june na contribution ko , tapos na lay off ako ng august 15.

  189. If I am employed in two companies, do I have to pay two philhealth contribution also? Or can I choose which one of the two company paid my philhealth contribution?

  190. Hi Ms. Debbie,

    we work in monthly basis and been working in this company for 5 years.Every december we only work for like 2 weeks and the other 2 weeks we are advise not to work without pay by our employer because of our client’s decision.ask ko lng po kung tama ba na without pay kmi for 2 weeks even were a regular employees?kc di nmn namn kasalanan kung ayaw ng client mg dial kmi for that span of time i thnk problema na yan between our company and their client.

  191. @Mela: I think it’s like you’re giving your one day work for free. Although, I’m not in the position to tell you what to do, it is up to you if you want to accept it or not. But I suggest that you should request a pay especially if you are per hour basis. :)

    @Edgel: Nope, you don’t have to pay twice on Philhealth. You can choose only which company will pay your contributions.

    @Michelle: Please check my reply above. :)

  192. @Debbie Mariano (Admin): Is there any law said that I can choose only which company will pay my contributions?

  193. HI Mam,

    I would like to ask if its legal for a company to substitute Holiday, Special Holiday and Rest Day Overtime pay with an offset (like additional vacational day) for example, if I worked on Christmas, I get an additional one day paid vacation leave.

    This is the first time I encountered a Company who is using this kind of policy and I cannot find any law that supported this policy. Is this tantamount to dimunition of pay prohibited under the labor code?.

  194. @Edgel: Best is to check the links given above. :)

    @Bambi: It is also the first time I heard about it, I think instead of en-cashing your overtime pay, they will just substitute it with an additional leave. These articles will also be helpful to you, please check out Art 87 – 90 of Book Three.

  195. i am working in a private company, per day ang aming salary…ask ko lang po if yung absences sa trabaho ay kinakaltas po sa 13th month pay?

  196. tama po bang ang absences sa work ay binabawas sa 13th month pay ng mga empleyado? nagtatrabaho po ako sa isang private company at daily basis po ang aming rate.thank you po.

  197. MAY LAW PO BA ANG PILIPINAS TUNGKOL SA KARAPATAN NA TUMANGI SA POSISYON NA INO OFFER NG PRIBADONG
    KOMPANYA? SALAMAT PO

  198. hi debbie,

    I just wanna ask how many hours a regular employee should work in a private company?actually im currently working in a call center and i work 11 hours from Monday-Thursday with 1 hour lunch break.and during Friday I work half day which is for 4hours with no break.so for 1 week i work for 48hours include the break.

  199. How does the Labor Code as interpreted by Dole differentiate between a freelancer and a regular part-time employee? Because my impression is that in law, a part-time employee, whether working from home or in a place of employment, enjoys the same benefits as full time employees, see: http://www.tatrade.net/PDF/NunezLaw-LegalArticles-2010Aug-PNArches-1.pdf

    So at what magic point does a freelancer become a regular part-time employee?

  200. ask ko lang anu ba dapat ifollow ng company im working in a callcenter pag gbe shift q..? what if the holiday is tuesday like nov1 ang pasok ko is technically 12am ng wednesday pero yan plng ang tuesday shift namen.

  201. @Julie Ann: Please check the Guidelines on the 13th Month Law.

    @Michelle: The normal working hours here in Philippines shall not exceed 8 hours. Reference: Book 3 Chapter 1, Art. 83

    In addition to that you can also review Book 3 Rule 1

    @Matthew: From what I read on the link you have given, DOLE explained that part-time work depends on the number of hours worked in a week and how you can indicate if you are a regular part-time worker. In which, you are employed in an indefinite period, works even after the probationary period and as well treated as a regular employee.
    To top it all, as what I understand, a freelancer can become regular part-time employee when it exceeded the number of working hours of a part-time worker. If you don’t work for 4 hours a week or during weekends only.

    @Claudz: Which holidays do you follow? Is it here in Philippines or from other country where your company is based or originally established? If it is here in Philippines, your Tuesday shift (which is on Wednesday) should have a holiday pay.

  202. What I mean is that on your site, you talk about ‘freelancers’ as if it were obvious what a freelancer is.

    But the Labor Code was written before outsourcing was dreamed of. The Labor Code’s framers never envisaged the modern ‘freelancer’. Result, as I interpret it, is that any employer who employs a freelancer for more than 6 months, whether part time or full-time, will find that after the 6 months probationary period is up, his ‘freelancer’ is technically an ‘employee’, protected by the Labor Code. In theory that employee (for that is what he is) should enjoy benefits, holiday pay, 13th month, pay, and on termination, pro-rata pay.

    Of course this is highly unrealistic. There is no way the Philippine employee can ‘get at’ many of the foreign employers who use this site, as they may have no physical presence in the country. So there is a disjunction between law and practice.

    Like most employers, I believe that the Labor Code is out-dated and needs rewriting, but that this will not happen in the conceivable future because it would be political suicide.

    But such a disconnect between formal law and practical realty is not ideal. It wastes the time of employers, who have to figure out ways round the rules. It creates false expectations in employees. It puts Filipino employers at a disadvantage to foreign ‘at a distance’ employers.

    Or is my interpretation of the law incorrect? My impression from your responses is that this issue had never previously occured to you, and that this is the first time you are thinking about it. Is that right, and why is that?

  203. I would like to ask if its legal for a big company, CAN’T give a annual Christmas bonus last 2007 pa.

  204. I am working in the the company for almost 7 years. Since I start working here I’m receiving bonus aside from my 13th month pay. My question is, is it possible for the company not to give that bonus since I’m enjoying it for 6 years?

  205. am i entitled for holiday pay if i am on half day leave a day before the holiday?

  206. hello debbie. I worked in a private company but they consider me as a freelance artist. i dont have any benefits such as SSS, Pagibig or Phil Health. I work more than 8 hrs without any rest day and no holidays. So i was reading the Philippine labor code but it didnt mention of the rights for freelance artist. My question is, do the company that i worked for violated the labor code?

  207. pumasok o hindi ng special o legal holiday,may bayad po ba iyon,iyon po ba ay naayon sa batas?

  208. i work in a call center. During the start of the shift they force us to take our 1 hour lunch break. We still have 2 15min breaks. And they also sometimes force us to use it early. Leaving the workers without any more breaks for the rest of the day. Is that a violation of the labor code?

  209. i just want to ask? what if the regular employee has no available leave? tapos yung araw n declared na special non working holiday ay hindi kami pinapsok ng aming boss? my question is babayaran ko po ba yung employee n yun for that day? thx..

  210. i am a regular employee of a private company , tama po ba ang ginawa ng employer ko n kaming mga s sales ay 5 days leave lang samantalang ung mga nasa office worker nya may 21 days of leave and 16 days of leave?

  211. hi, i am a regular employee of a private company, ask ko po kung tama po ba ang gnawa ng aking employer n from 21 days of leave ay ginawa nyang 5 days of leave ang aking leave, and s ngaun ay 404 ang aking sahod under below minimum po ang aking sahod?

  212. @Matthew: Yup, it is my first time reading the labor code regarding regular part-time from the link you provided. I am not an expert on provision laws and does not work on government office, my responses were just based on my own research and from the book of laws itself.

    @Agustin: The 13th Month bonus is required by the law as stated on Presidential Decree No. 851, the Christmas Bonus is not. Only if the Christmas bonus is part of your contract and an agreement between your employer when you were hired.

    @Malou: Based on my research, withdrawing the benefit given, such as bonuses which was already a long-standing policy is prohibited on our labor code.

    For questions about leaves and absences, holidays and rest periods, please check out Book Three.

  213. Hi Debbie,

    I’m working on a private company for 10 years, just want to ask if I voluntary resign did my company paid me for my 10 years in service, like others company do?
    thanks!

  214. hi debbie,
    Tanong ko lang i’m monthly paid employees, and my employer decided to be no operation this coming Dec 17, 2011 up to January 3, 2012, may bayad po ba ako with that date?
    Also what if in circumstances, im at work, then it becomes brown out after a 2 hours at worked, ask ko lang if bayad pa rin ako sa 6 hours unworked due to brown out,im monthly paid employees.
    Thanks.

  215. May I know if the company violated any rule if it did not convert our vacation leave into cash? If my boss did not sign my vacation leave but still have enough leave, did she violated any rule?

  216. hi po,

    i have been working in this medium size private company for 3 years and i was not supposed to take legal action but i guess its time for them to know that not all employees they can do what they want.

    a. we have no contract
    b. we never had commission fixed for all is verbal , most of the accounts that i handle are my accounts and it is really generating well, so for 3 yrs i have been giving them more than they are paying me but never did i ask for a cent of commission since i really loved what i am doing but thinking right now based on my research, experience ,calculations i think i have been coerce by the boss …
    c. i just came from an emotional abuse case and they know that my state of emotional is not really good, but still my sales are high, since most of them are my clients when i joined them they understand me in this situation
    d. they have done something last week for my panic attack rises that i almost got hit by a car. the signs of verbally abusive boss.
    e. they are theatening me to sue for the gadgets office property that i have right now but i cant as of the moment since all of my evidences are stored there .
    f. last oct i gave my resignation through email and they are saying that I am a liar, drama queen, crazy full of crap … this happens every time they got pissed of me .
    g. i resigned properly with a letter on my email that maybe they can give consideration since i have pending commitments with some of the personal account i handle , but he siad if i did not go to the office I will be awol and then emailed all my clients that i resigned and did not turn over properly etc…
    h. i am trying to negotiate with them since i owe them not that much money,maybe my 13th month pay will compensate etc..
    i. since i emailed and for time to work outside and they emailed i resigned on the day of salary they never give my salary .. kumbaga sinadya po nila
    j. they have unlabor practice , they are deducting late not the rate agreed on the labor code and ot pay is also diff. we signed it since now i realize that coercion is happening in our office and i am not the only one they cam fully coerce except for the boss so they just verbally abuse me.
    as a victim of abuse and survivor you see the patterns of it and they literally done it last time i went to the office so my panic attack will occur…

    i had so much to tell but now i already filed in NLRC i just want more advise since i was not able to talk to the arbiter when i went there thanks !

  217. hello! I work for a state college. I have a co-instructor who has an approved leave without pay for 6 months from Sep 1, 2011 until February 28, 2012. Is he still entitled to receive the other half of his year-end bonus?
    Thank you..

  218. In case of wrong computation sa incentive, paano kaya po yun? After almost a year, napansin nun acctg namin na mali pala yun incentive namin which leads to overpayment. They’re planning to deduct sa mga nagbenefit nun. Tama po ba yun na exempted yun acctg at audit sa deduction kahit may approval nila? And dun sa mga nagbenefit, dapat ba sa kanila ideduct kahit pa hindi nila alam yun computation ng incentive nila?
    Sana po may makatulong. Thanks!

  219. i would like to ask. since i read an article in the labor code. that the employer may require an employee to work on a regular or legal holiday with additional pay. however, can an employee decline such, due to some circumstances. like for instance halloween when most of us go to our respective provinces.

  220. I’m needing to know: Are there required job benefits for part time workers in the Philippines? If yes, what are the required benefits? Tnx.

  221. @Angie: For post-employments, please check out Book Six.

    @John: Usually, employers count the number of days you worked in a month and they compute that according to your rate. For power interruptions, that may also depend on your employer if they allowed you go home early but paid for the remaining hours. It is best to ask your HR about it. :)

    @Imelda: Please check our Book Three for leaves and absences.

    @chokochoko: Since there are abuses and violations on your employment, you just did the right thing to file a complaint. One thing also, you can consult a DOLE staff, I’m sure they can help you with that.

    @Cherry: I am really not sure about long term leaves, you may check Book Three for leaves and absences and Presidential Decree No. 851 for the 13th month. :)

    @May: This should be best discussed with your HR staff. All deductions should be fair and if ever they will implement that, all employers should be notified too.

    @Francis: Actually, there is nothing mentioned on the labor code that an employee may decline on the employer’s demand to overtime. I guess it is going to be just the approval of the employer whether he or she accepted your filed leave for that day.

    @Ty: The benefits mentioned on the above post such as SSS, Philhealth and Pag-ibig can also be applied for part time workers.

  222. thanks for the reply. i would like to ask again if a special holiday or legal holiday is considered to be a restday or an overtime? because as i read the labor code the employer must respect an employees rest day if it is due to his religious beliefs. that is if holidays irregardless if its a special or legal holiday can be considered a rest day. and by the way i work on a private company, thank you very much!

  223. @Debbie I would like to know a few details regarding sick leave and vacation leave, are this two different? I’m working for a company and I’m almost at the end of my probation, and I’ll soon be signing my contract as a regular employee, when it comes to benefits the company I’m currently at is stingy with what it gives.

    Does the company have the right not to give any leaves even upon regularization, because I’ve read on Art. 95 that a year of service is required, so does that mean even upon my regularization the company has the rights not to give me anything if they wanted to?

    And regarding salary increase, does the company have the right not to give salary increase upon regularization? I’m currently paid at minimum wage for my service offered, and I’ve passed my evaluation far better than the mediocre point, so is it fully under the discretion of the company whether or not I’ll get anything on my regularization?

    thanks

  224. are job-order contractual of the government can receive 13th month pay and bonus???

  225. Ma’am, is it legal to give the salary to employees on Monday if the 15th or 30th falls on Saturday or Sunday?

  226. Is it also legal if an employer doesn’t count the months for the 13th month pay computation that an employee worked for if he/she has 5 absences in a month?

    Thank you and more power!

  227. Hi Debbie,

    I am opening a business declared as Sole Prop in DTI. The business has 10 employees which all of them will be part-time. Is it still necessary for me to give them SSS, Pagibig, Philhealth, and as well as the Night Differential % and Holiday pays mentioned above?

    Thanks a lot!

  228. @Debbie:

    I am opening a business declared as Sole Prop in DTI. The business has 10 employees which all of them will be part-time. Is it still necessary for me to give them SSS, Pagibig, Philhealth, and as well as the Night Differential % and Holiday pays mentioned above?

    Thanks a lot!

    This thread is very helpful. More power!

  229. Puede po bang i hold ng company ang 13thmonth pay ko dahil naka Leave of Absence ako? Naka sick leave kasi ako for almost 1 month na.

  230. Hi Ma’am, Do you have any idea much would be the salary if your company based in Taiwan or China but, you are assign to work here in the Philippines? Which your task to supervised all the stocks, all clerical works and report, follow ups and monitoring, incoming and out going… handling Inventory and Invoicing and Billing etc… Would the employee also need to receive the Philippines mandatory benefits of the employee which given by the company here in Philippines?

    I hope you can answer..
    Thank you!!

  231. @Francis: Yup, special holiday or legal holiday is considered as restday and overtime. Regarding the religous beliefs, Catholics considered Sunday as their Holy day and other religions may be Thursday or any other day within the week. The labor code says that the employer should respect their employees preference of weekly rest day.
    Special Holiday: Book 2, Art. 93

    @David: Yes, those two are different. Vacation leave are filed at least 3 days ahead of the date and sick leave can be an treated like an emergency leave. If you are already regular in less than a year, you can still have the benefits of a regular employee and of course the salary increase.

    @Robert: I am not actually quite sure about job-order contractual on government employees. But on some other companies, contractual employees are given a certain percentage of a Christmas bonus and 13th month. As mentioned on the post, Presidential Decree No. 851 talks about requiring all employers to give their employees a 13th month pay, regardless of the nature of their employment.

    @Jen: I have searched the labor code and I can’t find any specific date on when should the exact pay day will be. However, I do find some other companies who instead give the salary in advance, for example Friday, if the 15th or 30th (or 5th and 20th) falls on weekends, Saturday and Sunday. That’ll be better instead of the Monday.

    @Charles: Yup, you will have to provide them the benefits needed since you are establishing a business here in Philippines. However, you can also suggest your employers to apply as Voluntary or Self-employed for SSS, Pagibig, and Philhealth since it is only a part-time. But other benefits like night differential should be given to them.
    Thanks and more power to you too. :)

    @Janna & Jen: Computation of the 13th month based on labor code is:
    13monthpay = total basic salary within the calendar year / 12 or
    one twelfth (1/12) of the basic salary of an employee within a calendar year or
    some companies uses the formula: (Basic Monthly Pay) ÷ 12 * (Number of Months worked within the Calendar Year)
    But take note that sick leave and vacation leave are not included in the 13th month pay computation. So regardless if you have your leave within a certain month, you should still be able to receive your 13th month.

  232. do job-orders in government agencies receives 13th month pay? like government regular employees too?i really appreciate ur reply. thank u.

  233. good day ma’am, ask ko lang po kailan nagiging regular ang isang employee after ma-hired at ano-ano po nagiging karagdagang benefits? aside sa minimum wage mandated magkano po ba dapat salary. Pag regular employee na po ba with pay na yong day-off?

  234. hi mandatory po ba sa employer mag annual salary increase para sa mga regular employees ng private company? thanks

  235. para kay rose bakit pala binawasan ung leave mu dapat ganun pa rin tsaka ung minimum wage is 404 tapos may COLA na 22 Pesos so it mean 426 per day

  236. ngayon po ay Pasay Day – local special non-working holiday.
    dapat po ba kaming bayaran ng holiday pay? sabi po ng company namin yung local special holidays da po di required sa mga private companies. so, pinapapasok po kami ng walang holiday pay. tama po ba to?

  237. samin kahit muntinlupa day bayad kami double pay pa nga regular holiday para samin.

  238. mam jen kung 15 at 30 eh saturday or sunday pasahod ka na lang ng friday advance mu na lang ganun dito sa company namin

  239. Hi guys, in response for the new inquiries, please check older comments first for more information. :)

  240. is a monthly-paid employee entitled for a 300% of his/her equivalent daily pay if s/he worked on a regular holiday?
    thank you

  241. ma’am i just want to ask if its normal or legal for me to be paid on a daily basis despite the fact that i’m 10 years in the company na?thanks & more power.

  242. pareho tau case mel ganun din question ko kasi 4 years na ako sa work eh minimum pa rin sahod

  243. wala ako sss at hilhealth… hindi pinapansin employer ko… twice na ako nagkasakit at nag absent hende man lang tumulong sa akin… syempre absent ako at bawas din sweldo ko… wala pa sss at philhealth… pag tumatawag sa phone minsan mainit ang ulo,,, sumisigaw at mataas ang boses… ano ang dapat gawin? punta ba ako sa human rights at DOLE?

  244. @Mel: May I know how are you being paid currently?

  245. @Richard: There are different options. First of all regarding your benefits, you can enroll yourself as volunteer instead. Also, if your employer treats you like that, don’t you want to look for other opportunities? If you choose to stay, then you’re also right about to seek for a help from DOLE. :)

  246. please give legal basis for the payment of overtime pay for government security officers rendering overtime. they work on regular working days, more than 8 hours per day for 5 days, and even work on saturdays or sundays.
    thank you very much

  247. eh paano po ang mga leaves? sick at vacation leave ng private sector sa company kase namin service incentive leaves lang binibigay wala ng vacation at sick leave tama po ba ito?

  248. Good day,

    I would like to ask about my 13th month. Our HR dept. told me that my late, absences, and regular holiday will be deducted to my 13th month

    Please help, I badly need answers if it is illegal or legal???
    Looking forward to your feedback.

    thnx

  249. may 13th month po kaya ako?. .im contractual employee po. . Means nagwowork ako sa private company pero yung nature ng job ko ay base dun sa nakakontrata sakanila ng government at ng company na pinapasukan ko. .

  250. oo naman seph may 13th month ka mandatory naman yan

  251. @Liza: Please check the above post for the link on Overtime Pay and Holiday/Rest Day Pay.

    @Kent: Please check ART. 95. Right to service incentive leave.

    @Ral: Please check my response for the computation of 13th month pay.

  252. iba po ba pag private company?kasi sa amin, binabawas sa 13th month pay ang lahat ng absent sa buong taon.tapos wala kaming o leave with pay…pag nag leave,kinoconsider ng boss namin na absent..

  253. 9 years na ako company namin di ko alam kng bakit di ako maregular samantalang me regular sa amin iba..di kami binibigyan n breaktime na 15 min.sa umaga at 15 min. sa hapon na coffe break.

  254. i just want ask?

    our company policy to file a leave is two weeks before the leave date

    i just filed my leave 2weeks prior to the scheduled date and it was posted that leave that i was on leave on that date

    and no one inform me that leave is approved or not?

    because i file 6 vacation leave and that is schedule 2days every week but unfortunately the last week is not granted and no one inform me a head of time

    what do i need to do about this, do i need to demand to pay me twice for those days that i just filed or is the management will find way to move this to other day

  255. @Rutger: I suggest you should consult it with an HR staff on your company to inform you whenever a leave is approved or not. Also for the leaves that you have filed, but still worked for that day, I would suggest to make an offset instead, if that is allowed in your company. Otherwise, let them pay the days you have worked if it is “leave without pay”.

  256. Hi good day! Question: Pwede ba e deduct ng company yung cash advances ng mga employee sa kanila 13th month pay?

  257. I was separated from my employer last sept. 2011, can the company/employer deduct to my 13th month pay my outstanding loan balance to sss and pag-ibig? more power to mam debbie

  258. hello po…im val, bukod po b dun s 5 days leave n entited smin wala n po b kmi sick leave or vacation leave man lang, kasi under agency po ako pero yung mga kasama ko po direct hired sila meron po sila 7days sick leave ska 7days vacation leave.bakit kmi po wala?

  259. private school teacher aq.. wala man lng kme mga benefits like SSS and Philhealth, wlang leave and lage delay ang sweldo.. ano po b ang pwedeng gawin?

  260. @Rey and @Bong: I’m not sure about that concern, it all depends on your agreement upon availing of your cash advances or loans.
    @Valerie: Your agency/company should provide you leaves especially sick leave.
    @Rai: I think the best option for this is to consult it with an official from DOLE. Regarding the benefits such as SSS and Philhealth, if they are not planning to give you such, you can just apply yourself as a Voluntary or Self-Employed.

  261. are employees with a weekly basis salary entitled to a 13th month pay? tnx pls reply

  262. can a contractual employee avail of rehabilitation leave due to work-related injury ?

  263. hello po ulit, nagtanong po kc ako dun s agency ko n ilang leave po ang meron kmi bwa taon sbi po nila 5days lng po tlg, wala pong sick leave n sinabi po n meron kmi..paano po yun?

  264. 40 hrs a week? sino po lng b ang pede maka avail nito, semi monthly employee?

  265. Ask ko lang po kung mandatory po yung service incintive leave yearly even meron
    po kaming 5 SL at 10VL.

  266. kailan po pwd mg avail ng leave benefits? mula kasi ng january to july 15 probationary po kami tapos july 16 to present permanent na po kami..kailan po namin ma avail ang leaves??

  267. we have a problem about sa service incentive leave.. kc ung sick leave at service incentive leave all in all 5 days lang… unlike sa ibang company 5 days sick leave at 5 days service incentive leave..

  268. can you please enumerate what are the difference between 2-month maternity leave and 6-month rehabilitation leave? may matatanggap ba ang empleyado aside from her monthly salary?

  269. Good day, merun na bang salary loan sa philhealth? like if gusto mo lang mag loan for personal purpose? paano ba mag avail nun? wala kasi ako idea. Thanks

  270. @Marko: Yes, you are still entitled for the 13th month.
    @Emmy: Do you mean semi-monthly payment? I believe 40 hrs a week is equivalent to 8hrs within 5 days. So I believe any payment will work, weekly or semi-monthly.
    @Max: Got this from a very helpful resource, I’m sure it will help :) :
    Maternity Leave: granted to female employees to extend working mothers some measure of financial help and a period of rest and
    recuperation in connection with the pregnancy.
    Rehabilitation Leave: granted for a maximum period of 6 months to officials and employees who incurred wounds and injuries in the performance of duty, supported by the proper medical certificate and evidence showing that the wounds or injuries were incurred in the
    performance of duty.
    - Page 2 of the document from Upv.edu.ph
    Maternity leaves actually depends whether how the mother will deliver her baby (caesarian or normal). Deliveries through caesarian is paid for a maternity leave of 70 days.
    @Eurickha: Have you seen this already?
    Sunstar.com.ph or
    Pia.gov.ph
    I haven’t heard of it actually, but these are the only links I can find.

  271. hi debbie just want to ask kasi connected ako sa call center company, yung vl its just a privileged db well with our company napakahirap mag file ng v.l sometimes for us to get v.l we have to render OT. so take it or leave it ang sistema tapos they have specific dates pa para sa v.l mo na kapalit OT di ba dapat kami ang pipile ng araw. Tama ba na ang company ang mag de decide when to give us VL? for now eto muna i really have a lot of questions.. hope you send me your email i cant pay a lawyer hopefully malinawan ako gusto lang tumulong sa mga co employees ko pakiramdam ko kasi were being robbed. Thank you God Bless…..

  272. Yes, i had seen and read that but i havent heard if this is really thue?..Maybe I’ll ask a philhealth officer for that matter . Thanks Debbie

  273. may labor law po ba nagsasabi na mandatory ang annual salary increase sa private companies? by how much po?

  274. Hi, ask ko sana xe ung company namin nirerequire kame kumuha ng maxicare wc will be deducted sa salary nmn monthly.. Is it legal ba? Is it mandatory by law? Thanks

  275. maam.. . dapat po ba talagang with pay yung rest day pag-regular kana???? :o

  276. I was diagnosed with stage 2 breast cancer so kinailangan kong mag-indefinite leave dahil may chemotherapy and radiation therapy pa ako after the operation. I think 6 months akong mawawala sa office. Regular employee po ako. Ang question ko: kailangan pa bang bayaran ng employer ko ang government-mandated benefits ko like sss, pagibig and philhealth kung naka-indefinite leave ako? If yes, san pong part ng labor code makikita yon? Thank so much!

  277. at gen kami may maxicare dati pero medicard na ngaun pero ala bayad company may ang sagot 50k per regular employee

  278. maam need your advice , about pay for performance incentive, pag di po ito naibigay ng employer ko pwede ho bang isumbong sa labor or nlrc. i’m working in a BPO

  279. Is it legal for your employer lessen the number of service incentive leaves from 7 to 5? Thank you.

    • @ jc, hi! If you have already worked for your employer for at least (1) year you are entitled to 5 incentive leaves. This is according to our Labor Code.
      Therefore, I think it is legal for the employer to lessen the number of incentive leaves as long as it will not be below 5. Or you might want to ask your employer why he is lessening or reducing the number of your service incentive leaves.

  280. hello…just want to ask if we have a mandated wage increase for a newly regularized employee. ilang percent ba dapat ang increase? thanks

    • @cdg hi, I think that would depend on what you and your employer discussed and agreed upon. It is always best to clarify these matter to your employer before starting your job or your contract. There are employers who are okay with wage raises once employee reaches the 6month regularization while others just opt for the “Employee Benefits” such as 13th Month Pay etc.

  281. Anong reglementary period sa pag file ng Mandatory Leave?

  282. hi, may research po kami regarding sa mga 6-month contractual employees. pwede po ba makahingi ng information about sa mga pros and cons ng ganitong klaseng sistema and kung bakit po lumalaganap ung ganitong patakaran sa trabaho.. pls reply thank you!

  283. 1. I just want to ask a sample computation for retirement fee, because our auditors computation too way below than my computation based on 1/2 month in every year of service + SIL 5days + 1/12 of 13th month pay.
    2. If the company is giving a separation pay for voluntary resignation, what will he/she get when reach the retirement age of 60, is it the separation pay or the retirement pay or both? Thank you so much po.

  284. Hi Honey, thanks for enumerating those employee benefits, I just need a clarification with the Article 95 service incentive leave, in my case i will be turning 1 year in a call center on Feb 14 2011 but since they converted their leave to cash on Feb 10 2012, I was told by my supervisor I cannot avail a cash conversion since i have not reached the 1yr period yet. Base on the Article 95, does that mean I will only get a cash conversion after another year in 2013?

  285. Hi mandatory po ba na iadvance ng employer ang maternity leave o khit anung leave ng sss? kc d2 po sa company nmin nd sila nag aadvance gumagawa lang sila ng dummy vouchers n may received ng employee, mbgat po kc lalo na sa akin n mnganganak na tapos after ilang months q pa mkukuha yung check from sss.

  286. Hi,

    Thanks for this great site!

    I am planning to put up a business with 4 full-time agents to start it with.

    1. If I hire them as contractual employees, do I still need to give them SSS, PhilHealth, and Pagibig benefits?

    2. Same question as above but what if I hire them as regular employees?

    3. A friend of mine said that if I have less then 10 employees, I am not required, under Philippine labor law, to file for the above benefits? Is that true or just a hoax?

    Thank you so much for your advice and for helping address everyone’s questions! More power!

    Regards,

    Sexy Cris

  287. Hi, I would like to ask about any provisions of the law regarding filing service incentive leave. I filed a two-day SIL, but my company said they will only allow me one because they need to divide my five SILs by 12 months. Therefore, according to them, it’s still early for me to file a 2-day leave because it’s only Feb. Is there anything in the law that supports that? Or are they violating any laws? Please advise me immediately. Thanks!~

  288. hi po, regualr employee n po ako, at nagkasakit po ako, at kailangan kung gamutin ng ilang buwan.. mababayaran parin ba ng aming company ang araw ng hindi ko pagpasok.? Salamat po.

  289. hi po, regular employee n po ako, at nagkasakit po ako, at kailangan kung gamutin ng ilang buwan.. mababayaran parin ba ng aming company ang araw ng hindi ko pagpasok.? Salamat po.

  290. my friend was absent for 3 days due to sickness, her SL was approved. However, her salary was deducted equivalent for 3 days which is ok since she is not yet entitled to SL. The thing is, her company wants her to render additional 3 days to compensate the 3 days absences. She asked her employee if those 3 days will be paid since they already deducted her salary.

    The employee cannot commit nor confirm if those extra days to be rendered will be paid on top of her regular salary.

    Any comment please.

    Thanks

  291. Hi there, is there any law that dictates how many hours of rest shall be given to an employee in between shifts? I mean what if I am scheduled to work till 8:30pm, and the following day I am expected to be on work at 3am. Wala pa opong 6 hours yung pagitan. Not enough time to sleep nor go home.

  292. nagloan ako sa pag-ibig last monday feb 20, 2012 sa satelite office ng HDMF sa calapan city oriental mindoro ngunit sa kasamaang palad ay hindi po naapprove sa dahilang kulang daw ang take home pay ko na hindi naman dating nangyayari. may kinalaman ba ang globe asiatic sa nangyayaring ito na kaming mga maliliit na emleyado ang naaapektuhan? hiling ko po ang inyong mahusay at tapat na paliwanag sa aking problema. sadya bang ang aming kontribusyon ang pinagpapasasaan ng mga taga HDMF management kaya kung anoanong dahilan ang kanilang ginagawa para hindi kami makautang ng aming perang inihuhulog sa pag-ibig fund? salamat po.

  293. I just would like to ask how to compute accurately absences of a regular monthly employee? For example, his basic pay is php9,000/month and got absent for 12days during the cut-off period w/out any notice. Please advise.Thank you.

  294. Pano po ang exact computation ng absences ng isang regular employee?For example po,php9,000 basic monthly pay po nya at umabsent ng 12days during the cut-off period.thanks.

  295. ask ko lang po san ko ba makikita yung policy ng allowed leaves for a year for each employee.. katulad po ng sick / medical leave, maternity, fraternity, annual leave a year.
    thanks po:)

  296. On the first issue, whether or not the employee will be paid for the 3 days work as per mandate by the employer, we should qualify our answer.
    1. If the SL for 3 days (on the assumption that he is still not qualified because of his tenureship) was deducted as per salary then the 3 days work as required by the employer must be paid. And in case any of this days, fall in his scheduled rest day then he will be paid additional 30% of his regular wage on that day. If this 3 days work was not compensated then it maybe an unfair labor practice committed by the employer and it is in violation of the labor code.

    2. On the second issue, the basic salary is 9,000 pesos per month. If you are paid every 15th and 30th day of every month then your salary would be 4,500 every payday (assuming that the working days would be 13, less all deductions as the case maybe), since you are absent for 12 days within the cut-off period then you are just entitled for the remaining day of the cut off period.e.g. 13 days-12 days= 1 day only. To get the basic salary per day divide 4,500 with thirteen and that would be 346.15.

  297. Good day.

    I would like to make an wage related inquiry . An employee of a private corporation was transferred to Ilagan, Isabela from Manila. The wage rate applied on this employee is the Manila rate. The company of the employee closed down and this employee was subsequently hired by another company based in Ilagan, Isabela. The new company that hired this employee used the Manila rate as the basis of his compensation and whenever there was a wage rate adjustment in Manila, his wage was also adjusted based on the Manila wage rate adjustment.

    May i know if the company did the right thing?

    Thank you

  298. Good day!

    ask ko lng po where i can find the ruling about not going to work before holiday? no work no pay po ba kung hindi pumasok before and after the holiday? long week end kasi this coming april 5 to 9, 2012. thank you po.

  299. 18 na po akong nagtuturo sa isang private school. i have a monthly salary of 14 000. I’m planning to transfer work and the sad thing is from the start we’re not given any pension benefits anf when i leave wala aqng makukuha na kahit anong amount ng pera for my 18 yrs. of service. Is this fair?

  300. 18 na po akong nagtuturo sa isang private school. i have a monthly salary of 14 000. I’m planning to transfer work and the sad thing is from the start we’re not given any pension benefits anf when i leave wala aqng makukuha na kahit anong amount ng pera for my 18 yrs. of service. Is this fair? thank you…

  301. Hi

    I would like to ask if the company is liable to pay the hospital bill sa kanilang employee na inatake ng High Blood or any unexpected na sakit during duty ..

    or labor code para doon .. pinapabayaran kasi sakin lahat sakin ang billing ko sa Hospital nong isinugod ako don …

    Hope to read some answer from you
    Thanks

  302. EZ said on March 30, 2012

    Good day to you!
    Ma’am I would like to know if employees’ SIL (Service Insentive Leave) is deductable from 13th month pay?
    I filed for a 3-day SIL and it was deducted from my 13th Month pay.
    Do we have policies about benefits deductable from 13th month pay?
    By the way our company is owned by Koreans.

    More power to you ma’am.

  303. really appreciate your posts, enlightens me a lot about how undercompensated and overworked filipino physicians are..kudos!!!!

  304. hi admin, gusto ko lang po itanong about maternity benefits? iba pa ba yung maternity benefit under sa labor code at sa sss? i mean, pag nagbabayad ang employer ng maternity benefit sa employee, iba pa yung makukuha nya sa SSS? or pede ba sya magchoose kung anong gusto nya i avail? thank u.

  305. May I know if I am exempted to pay Government Contributions and Taxable Income when employed as a part-time employee?

    Thanks!

  306. Mga Boss, ung company namin ngaun ang sweldo nmin ay 10 and 25 of every month, pero ung pang 25th last month dpa naibibigay at malapit na ang 10, mukang luging lugi na ang company namin, 1 year na din nkakapaghulog cla sa SSS, Pag Ibig etc, khit deducted nmn sa salary nmin at nkalagay nmn sa payslip eto mga questions ko;
    1. anong benefits ang mkukuha nmin kung sakaling masgsara ang company
    2. paano ang unpaid SSS, pagibig, etc nmin specially dun sa mga may loan na for sure mas lalo lumalaki ang utang.

  307. shane said on May 8, 2012

    matagal na po akong employee almost 3 years na,kahit anong benefits wla ako atsaka na disgrasya ako 3 weeks walang work kahit peso wala akong natanggap kasi sa amin no work no pay.what shall i do to have a benefits as an employee?where do i go?

  308. MADEL said on May 8, 2012

    @shane pwede sa sss magfile nun kung nadisgrasya ka wala ka ba leave sa company nyo regular employee ka ba sa company nyo

  309. hana said on May 24, 2012

    hello po i gusto ko po mg leave wd pay ng 3 days ano po ang gagamitin ko yung sick leave or vacation leave?iisa lang po ba yun??and ako po ba nag magbibigay ng date kung kailan ako magaabsent or sila po ang magbibigay sakin ng date na pwede ako mag absent para ma aprubahan…?thnx

  310. if magleave ka ng 3 days kung ala ka naman sakin xempre vacation leave gamitin saka mu gagamitin ung sick leave kung nag kasakit ka sa company namin required na may medical certificate pag pagpasok pag dinahilan eh may sakit then kung vacation leave naman 3 days eh file na agad ung vl then ikaw bahala kung kelan mu gagamitin kaw magbibigay date.

  311. hi there, im resigning from my job but then i have remaining 6 unused vacation leave and if i wont be able to use them then they are not payable. is it possible to use it as terminal leave?
    tnx. i’ll look forward for your answer.

  312. hi. i have a secretary who works for me for just 2.5 hrs a day mon-thu and sat. I have been paying for her sss and phic as voluntary.Do i need to declare her as an employee to sss?

  313. Hi,
    My father-in-law passed away 3 years ago and we received funeral benefit.. Is there any other BENEFIT which is payable under this scheme since he was a contributor for many years. Just for your info he was about 74 years of age when he died and all his children are above 21 years of age. His wife died when she was 55 years of age. Please let me know by e-mail (chrisculas@yahoo.com) Thank you in anticipation.Regards

  314. Good day!. I am working in a cargo forwarder. We are working from 8:30 to 6pm sometimes up to 7pm. Without O.T pay.
    Our boss reasoned that we are private company and there’s so much work to be done that’s why we must understand that we cannot time out at 8;30am to 5:30pm. it is ok?. coz im planning to break this rules.
    thanks!

  315. grabe naman kuya employer mu kahit private company pa yan dapat bayad yan. buti sana kung minsan lang baka araw araw pa yan hehe

  316. Mark: you can complain to DOLE about the nonpayment of OT. You should be receiving 25% additional for you ot on regular days and 30% more on holidays and sunday. and if you work on a holiday that is your rest day, you are entitled for 50% more

  317. nagfile ako ng sickness claim sa sss, according sa hr ng company kailangan ko pa maghintay ng 3linggo bago ko malalaman kung approve o hindi ang claim ko, at kung sakaling bumalik na ako sa trabaho mas maaga sa itinakda sa petsa ng doctor magiging dahilan ba ito para di maaprove ang claim ko sa sss?

  318. hi question po medical representative po ako 1 year and 2 months sa work tama po ba na wala kami HMO benefits like medicare? thanks po in advance

  319. hi po. Casual Employee po ako sa private company here in laguna, ask ko lng po if my bayad ba ang August 20- 21 at August 27, 2012,,di ba po holiday un?? e wlang paxok??

    TNX PO!

  320. is it right that new employees hired in a government are not entitle to the rice, meal and children allowance? it is only for the incumbent?

  321. if daily rate employee, ang computation ba ng sss contribution shall be determined sa actual salary (work days for daily rates) na binayaran sa isang empleyado sa loob ng isang buwan, excluded ang ot pay, holiday pay, leave credits and allowances? un ang magiging basis for determining employees contribution?

  322. likewise sa philhealth and pag ibig ang basis to determine the contribution ay ang actual basic salary rin ba? pls. enlighten us. tnx.

  323. Hi po! I have been working as a Staff Reliever in a private hospital for 7 years and it was just this payday that the hospital administrator deducted Income tax return from me without any notice. Among other volunteers and relievers, I was the only one who got a deduction for ITR. Another thing is that I haven’t secured or filed any documents such as TIN since am just a reliever and not a regular employee. Was that approriate? thank you

    • @esther: Hi, since you’ve mentioned that you work and just got paid recently (regardless if you’re a reliever or a regular employee) you are still required to pay your ITR. Also, since we can only have one Tax Identification Number ID, I suggest you ask your administrator what your TIN is as they can also be the one to get it for you. Just remember your TIN because we can only have one for life.

      You can also visit this link for more information: http://www.bir.gov.ph/taxinfo/tax_income.htm#21933

      Hope this helps.

      Thanks~

  324. Hi, nagwowork ako sa outsourcing company. We work on hourly basis and minimum hours namin is 48 hrs/ week equivalent ng 8hrs/day x 6 days.. Ask ko lang kung entitled ba kami ng holiday pay? Thanks in advance.

  325. Hi! would like to ask kung ang income tax return/refunds ba is mandated by govt or defends on company policy? I haven’t receive any refunds for 2011 from my employer…and 1 more question po, we have fixed salary but i noticed that when we have OT the rate is computed based on our fixed salary over 30days? is it right? we works whole day ng mon-fri (8-5pm) and half day every sat (8-12)…

  326. hi. i have a sister working in the office of pag ibig fund. she has an illnes for 10 years now affecting her mobility while working. she has pain while walking because the doctor told her the tendons in her knees becoming thin. masakit umakyat ng stairs because there is no elevator or escalator. the thing is the bundy clock or digital time clock where u punch the card is located in the ground floor where she has to do the punch in even at lunch time. my question is…di ba pwede magawan nag paraan yan to ease the situation. she asked approval to file a sick leave for 3 months but she was not approved because of too much work. di ba pwede and partimer or reliever? she could not afford to have no salary because of her family needs. please help. my sister is suffering. laki na rin nagastos sa medical niya. and the last option is knee surgery which is hard for her. she has been working in that office for 18 years na.

  327. Hi

    I worked in the Philippines for 2 years 1997-1999 for Unocal and Philippine Geothermal Inc. I would be subject to SSS deductions. I am now 60 and I would like to know whether I am entitled to a pension from the Philippines in return for my contributions?

  328. hi,
    i wud lyk to know how halfdays computed for 13th month pay, is it half or as whole day
    we are paid daily.
    ur response is badly needed, i’m d one who computes salary as well as 13th month.
    and its very unfair if i pay them whole if they attends halfday.
    thanksin advance hope u can help me for this

  329. susan:
    when you compute for your 13th month pay you don’t have to worry about whether the employee has been present for the whole day or half in any day..why?because, dear, in computing for the 13th month pay at the end of the year, only the gross income of the employee for the year is totaled divided by 12 (equivalent to the number of months in a year)..simple, right?

  330. hi.. regarding 13th month pay, when you say gross income, does it mean including the overtime or only the basic monthly pay for 12 months? thanks…

  331. Debbie,seriously,all of these ppl work so hard in life and get what? for pay?—-scraps—-it is truly heartbreaking to hear this.They and yourself included deserve so much more.

  332. hi. i would like to ask if oct 26 should be paid even if a daily rate worker did not report for work? does policy on before and after the regular holiday an employee should be present para maging paid ang holiday?tnx..

  333. Ma’am kung may dengue ako at naospital ako magkano po ba ang expenses na babayaran ko kung ako ay may Phil Health insurance?
    Kung ako po naman ay ooperahan sa ovaries magkano ang babayaran ng Phil Health?

  334. hi.. I would like to ask..if the employee filed Sicknes leave against SSS.. The doctor advised him to rest for 1 month. Would that the employee be paid during the holidays?

  335. Hindi po masyadong nasagot yung question ko. Bali ganito po yun. An employee was on leave due to sickness. He then filed SSS Sickness Claim.. He was advised the doctor to rest for one month. And within that month of his leave period. Meron pong 1 legal holiday at 2 special holidays.. As what I have understood that employee won’t be paid of those 3 holidays since he was compensated by SSS because he filed claim for SSS Sickness. That employee was being paid monthly basis. Tama po ba?

  336. good day! re-DOLE issues pay rules for Oct. 26, Nov. 1,2 & 30. kindly specify. are contractual employees covered with this pay rules even if they did not report for work?thank you.

  337. Thank you for that answer. Can you please link to me any article or laws that states regarding my question.

  338. HI, kapag po bah ang employee ay paid by monthly salary basis or 30 days fixed at sunday ang consider na rest day nia tapos pinapasok sya ng boss on thats sunday, It is possible po bah na 30 percent lang ang dapat nilang bayaran sa amin or 130 % ang dapat bayaran smin

  339. can i ask a question? i worked in two companies, tapos hinuhulugan ako ng sss, philhealth, at pag ibig. ang tanong ko po kung legal po ba ginagawa ko na dalawa yung pinagtratrabahuan ko na kompanya. di kaya ako kasuhan ng gobyerno? please answer my question. thank you!

  340. I would like to ask regarding service incentive leaves.
    I am a part time worker (working Mon-Wed and Fri only) and already a retired employee, am I entitled to this leave? Please answer thru my email
    thank you

  341. hi, ask ko lang. pwede pa bang mag pa member sa sss yong mga age between 57 to 59 years old? thanks.

  342. hi , seeking for help here i was terminated immidiately w/o 30 days notice , can i file a compliant for that sa dole?

  343. may i ask po. if preceding the regular holiday is special non-working holiday, are employers required to pay the regular holidays? halimbawa yong dec. 24 & dec 25, 2012 at Dec 30 & 31, 2012 at January 1, 2013.. kindly reply po the soonest..thank you so much..

  344. I am terminated on work for saying words “may kalaban” in h.r staff

    is it possible to file case for illegal dismissal?

  345. Hi!
    I am Darwin Carvajal terminated on work for saying words
    “may kalaban” in h.r staff

    is it possible to file case for illegal dismissal?

  346. good day maam..tanong ko lang po kung ano po ang binabasehan kapag nagdededuct sa sss.yun po bang net pay or gross pay?di ba may table po yan kung how much ang contribution ng employee.nalilito po kasi ako kasi every month iba-iba ang amount ng deduction sa akin.pero same lang rin ang salary rate ko.hope u could help me.tnx..

  347. Just want to ask about the policy regarding vacation leave coz we are confused bout the management’s rules regarding our vacation leave Management told us that we are only entitled to 1 day VL per month, is that Legal??? coz before we are practicing a 15 days VL and 15 Days SL for the whole year and only the remaining VL will be paid at the end of the year, the Sick Leave will be forfeitedand will not be paid. hope you could enlighten us about this as soon as possible thank you a

  348. ask lng po regarding s bonus. kpg nkareceived po b ako ng bonus ng november at ngresign ako effective dec 22 does the company have the right to deduct the said bonus to my terminal pay? thanks. your reply is very much appreciated.

  349. A person can be a SSS member given that the said person is not over 60 years old.

  350. RE: can editors of a wire agency, like the Philippines News Agency, avail of compensable short meal period? since they copntinuesly work and stop only for few minutes, not more than 20 minutes for lunch and wiork again?

    Meal and Rest Periods – According to Article 83 of the Labor Code of the Philippines, employees are entitled to one (1) hour break for meals on an eight-hour work day. Employees are also entitled to adequate rest periods in the morning and afternoon, of short duration, that will be counted as hours worked. These rest periods normally last for 15 minutes and can be used by employees as coffee or snack breaks.

  351. hello!
    ask ko lang po kung pwd nba mka file ng vacation leave pag ang employee is one on service sa private company. April 23,2012 po aq nagstart then by july naregular po aq. tapoz ngaun mayo gusto ko sana mag file ng vacation leave.
    sabi ng HR namin ndi ko pa daw magagamit ung vacation leave ko, By July ko pa daw pwd magamit.. tama po ba un?
    pls help!..thanks much.

  352. Chapter III Art. 95. section A of DOLE – Right to service incentive leave.

    “Every employee who has rendered at least one year of service shall be entitled to a yearly service
    incentive leave of five days with pay.”

    However, private company may have their own ruling on Vacation Leave. So long as the 5 days VL is entitled and granted as stated in the provision above, the company has not violated any DOLE ruling.

    In that section, it was not stated whether this is for probationary, contractual or regular so long as you are in continuous service in the company for 12 months you are entitled for this incentive.

    Now, check your contract. If your company doesn’t consider your three months probationary period (Apr – Jun 2012) as part of your 1 year service and it is stated in your contract that leave incentive will be applicable 12 months after UPON REGULARIZATION, therefore, your leave incentive will apply by July 2013. Or your 1 year regular employee status.

    To answer your question, if you can file leave even you are not yet eligible. Yes, you can but the permission not to grant it or grant it is solely at the discretion of the management.

    Hope I answered your questions.

  353. Hi! how many days are private school teachers entitled for a vacation?

  354. madam pano po ang pagcompute ng holiday pay..according kasi sa aming boss kelangan daw pumasok ng wednesday para makuha namin yung holiday pay namin para sa holy thursday tapos kelangan naming pumasok ng thursday para po sa holiday pay namin ng good friday..tama po ba ito?saka entitled din po ba kami sa leave with pay kahit sa private sales company po kami nagtatrabaho? 7 years n po ako sa kumpanyang pinagtatrabuhan ko pero wala po kaming leave w/pay..thanks po at sana masagot nyo ako..

  355. *** How to compute your holiday pay.

    If you company asked you to worked on a holiday, your holiday pay should be 100%.

    Chapter 3 Art. 94 Section C of Labor Code of PH
    “holiday” includes: New Year’s Day, Maundy Thursday, Good Friday, the
    ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the
    twenty-fifth and thirtieth of December and the day designated by law for holding a general election.

    The company declaring that an employee should report to work on Wed to get the holiday pay for Maundy Thursday and Maundy Thursday for Good Friday, is legal. As long as those employees who reported to work on those days get 100% compensation for each day.

    If you salary per day is 500.00 therefore your compensation should be 500 x 2 (Wed) same goes with Thursday.

    *** Leave entitlement for private sales company.

    Those eligible for 5 days paid leaves are REGULAR employees who already rendered at least 12 CONTINUOUS months of service to the company.

    However, if the company has less than 10 employees this ruling is not applicable unless your contract states otherwise.

    Please see article below.

    Chapter 3 Art. 95 Section B of Labor Code of PH
    Paid leaves shall not apply to those who are already enjoying the benefit herein provided, those
    enjoying vacation leave with pay of at least five days and those employed in establishments
    regularly employing less than ten employees or in establishments exempted from granting this
    benefit by the Secretary of Labor and Employment after considering the viability or financial
    condition of such establishment.

  356. may i inquire, those who are under contractual and probationary employment– are they also qualified with the ruling on holiday pay? or are they exempted to that? please enlighten me. thank you very much.

  357. RE:
    arlene montalla said:
    may i inquire, those who are under contractual and probationary employment– are they also qualified with the ruling on holiday pay? or are they exempted to that? please enlighten me. thank you very much.
    ====
    Chapter 3 Art. 94 section A of the Labor Code states that every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers.

    If your company has 10 or more workers, you are entitled for holiday pay whether you are contractual or probationary employed.

  358. art.94 B.6 – coverage – this benefit applies to all employees except ……….including those who are engaged on task or contract basis. do this mean contractual employee, let say those who are under 5 months contractual period? thanks…

  359. rj said on April 8, 2014

    how ’bout my case, I currently resigned as a branch controller on a private company due to my remuneration and benefits. I was hired and employed from June 27, 2013-March 24, 2014 (almost 9 months) during my stay they never process my tin and even my mandatory benefits such as; sss, hdmf & philhealth. what’s my stand for this? some advice? thanks

  360. Hi. I am an employee resigning from multinational company. Would just like to ask if it’s still rightful of me to claim for my bonus, which was supposed to be earned from April 2013 to March 2014? I believe I still have the right to claim since I was still a part of the company during those period, which means I am a part of the company performance.

    Appreciate you kind replies. Thank you.

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