Retirement Benefit of Underground Mine Employees under Republic Act The retirement age of underground mine employees has been reduced to a much lower age. For this purpose, an underground mine employee refers to any person employed to extract mineral deposits underground or to work in excavations or workings such as shafts, winzes, tunnels, drifts, crosscuts, raises, working places whether abandoned or in use beneath the earths surface for the purpose of searching for and extracting mineral deposits.
Under the law, upon optional or compulsory retirement, the employee is also entitled to the proportionate thirteenth-month pay for the calendar year and to the cash equivalent of accrued leave benefits. The Employees Compensation Program The Employees Compensation Program ECP is a government program designed to provide a compensation package to public and private sector employees or their dependents in the event of workrelated sickness, injury, disability, or death.
Coverage The ECP covers all workers in the formal sector. Coverage in the ECP starts on the first day of employment. The Benefits Loss of income benefit or a cash benefit given to a worker to compensate for lost income due to his or her inability to work. Medical benefits which include the reimbursement of the cost of medicine for the illness or injury, payments to providers of medical care, hospital care, surgical expenses, and the costs of appliances and supplies where necessary.
The medical services are limited to ward services of an accredited hospital. Rehabilitation services which include physical therapy, vocational training, and special assistance provided to employees h. Te le ph one No s.
Website: www. The objective is to develop the workers mental, vocational, and social potential and to help them remain as productive members of society. Carer s allowance which is provided to an employee who suffers a permanent total disability PTD arising out of employment the extent of which is such that he or she could not on his or her own attend to his or her basic personal needs.
Death benefits which are granted to beneficiaries of an employee who dies as a result of sickness or injury arising out of employment. Kinds of Disability There are three 3 types of loss of income benefits: Temporary Total Disability TTD benefit which is given to an employee who is unable to work for a continuous period not exceeding days. Permanent Partial Disability PPD benefit which is given to a worker who loses a body part and consequently the loss of the use of that body part.
Permanent Total Disability PTD benefit which is given if the employees inability to work lasts for more than days. PTD benefit can be claimed in the following cases: 1. When: A claim must be filed within one 1 year from the last day of confinement from the hospital. For home confinement, it must be filed within one 1 year from the start of illness. Period of Appeal. The claimant shall file with the GSIS or the SSS, as the case may be, a notice of appeal within thirty 30 calendar days from receipt of the decision.
The employer shall contribute in behalf of his or her employees to the SIF, from which payments for benefits are drawn. Safety Devices.
The employer shall comply with health and safety laws and shall take the necessary precautions for the prevention of work-related disability or death. Employer s Logbook. The employer is required to maintain a logbook to contain his or her employees sickness, injuries, disabilities, and deaths.
Deprivations Clause. Coverage The program covers the following: 1. Employed Members all those employed in the government and private sector. Individually Paying Members self-employed, overseas Filipino workers, professionals in private practice doctors, lawyers, dentists, etc. Members who have reached the retirement age and have paid at least monthly contributions.
Optional Retirees under RA, PD or PD are not yet entitled to lifetime coverage until they reach the age of retirement 60 years old.
The Benefits A unified benefit package for all PhilHealth members is being implemented which includes the following categories of personal health services:. Inpatient hospital care: Room and board; Services of health care professionals; Diagnostic, laboratory, and other medical examination services; Use of surgical or medical equipment and facilities; Prescription drugs and biologicals, subject to the limitations stated in Section 37 of RA ; and Inpatient education packages.
Outpatient care: Services of health care professionals; Diagnostic, laboratory, and other medical examination services; Personal preventive services; Prescription drugs and biologicals, subject to the limitations described in Section 37 of RA ; and Emergency and transfer services. Pr ofe ss ion al F ees a. The Social Security Program The Social Security Program provides a package of benefits in the event of death, disability, sickness, maternity, and old age.
Basically, the Social Security System SSS provides for a replacement of income lost on account of the aforementioned contingencies. Coverage A private employee, whether permanent, temporary or provisional; A household helper earning at least P1, a month is subject to compulsory coverage starting September 1, The Benefits C.
The amount of an employees sickness benefit is computed as: the daily sickness allowance times the approved number of days.
Effective May 24, , the daily sickness allowance is 90 percent of the average daily salary credit Section 14 of Republic Act Maternity see Title 8.
Maternity Leave on page 24 C. Disability It is a cash benefit paid to a member permanently disabled, either partially or totally. A member who suffers partial or total permanent disability, with at least one 1 contribution paid to the SSS prior to the semester of contingency, is qualified.
The complete and permanent loss of use of any of the following parts of the body under permanent partial disability: one thumb sight of one eye one big toe one index finger hearing of one ear one hand one middle finger hearing of both ears one arm one ring finger one foot one ear one little finger one leg both ears The following fall under permanent total disability: 1.
Complete loss of sight of both eyes; 2. Loss of two limbs at or above the ankle or wrists; 3. Permanent complete paralysis of two limbs; 4. Brain injury causing insanity; and 5. Other cases as determined and approved by the SSS. Types of disability benefits: 1. The monthly pension which is paid to a disabled member who has paid at least 36 monthly contributions to the SSS; and 2.
The lump sum amount which is granted to those who have not paid the required 36 monthly contributions. A member is qualified to avail himself of this benefit if: b. The types of retirement benefits are: a. The monthly pension is a lifetime cash benefit paid to a retiree who has paid at least monthly contributions to the SSS prior to the semester of retirement. The lump sum amount is granted to a retiree who has not paid the required monthly contributions.
The primary beneficiaries are the legitimate dependent spouse until he or she remarries and legitimate, legitimated, legally adopted or illegitimate dependent children of the member. In the absence of primary beneficiaries, the secondary beneficiaries are the dependent parents of the member. The types of death benefits are: 1.
The monthly pension is granted only to the primary of a deceased member who had paid 36 monthly before the semester of death. The lump sum is the amount granted to beneficiaries of a deceased member who had paid monthly contributions before the semester of death. Home Mark Bldg. Region 2 Turingan Bldg. Cuenco Avenue cor. Legaspi St. Region 9 rd Right Wing, 3 Flr.
Bangoy St. Burgos St. Region 12 Acepal Bldg. Ocampo St. Roxas Boulevard Manila Telephones: to San Antonio Capitolyo, Shaw Blvd. The BWC The Bureau of Working Conditions BWC is responsible for the formulation and development of labor standards in the areas of hours of work, occupational safety and health, and other conditions of employment.
The BWC performs all functions in relation to the formulation of policies and enforcement of labor standards performed by the then Wage Administrative Service and the Industrial Safety Division of the Bureau of Labor.
Vision The Bureau of Working Conditions envisions well-guided employers and workers committed to a safe, healthful, and productive work environment, adaptive to industry trends and developments, and equitably enjoying the gains of joint endeavors. Mission To formulate policies and initiate legislations on standards, based on relevant information culled monitoring, consultations, networking, and researches. To develop and sustain the capability of enterprises toward self-management of safety and health in workplaces, thus, upholding the principle of shared responsibility between workers and employers.
To enhance the capability of small enterprises in implementing practical and efficient methods of improving working conditions and productivity.
To inform and advise the public on labor standards, including occupational safety and health, and on innovative work practices or arrangements.
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Inclusion of Regular Allowance in the Computation 32 33 33 34 34 34 35 35 36 36 37 38 39 39 39 39 Nonconversion to Cash The special leave shall be non-cumulative and non-convertible to cash unless otherwise provided by a collective bargaining agreement CBA. Inclusion of Regular Allowance in the Computation In the computation of separation pay, it would be error not to integrate the allowance with the basic salary. Rehabilitation services which include physical therapy, vocational training, and special assistance provided to employees h 16 For m or e i n fo r ma t i o n, p l e ase wr i t e o r ca l l the Emp l oye es Co m pe nsa t i on Co mm iss io n ECC , I n f or ma t i on a nd Pub l i c A ssi sta n ce Div i sion , l o ca t ed a t 3 55 Se n.
Filing of Claims Employees can claim only for work-connected sickness, injuries, or death. The Benefits A unified benefit package for all PhilHealth members is being implemented which includes the following categories of personal health services: 1. Agustinus Agus Purwanto. Babasab Patil Karrisatte. Raghwendra Sao. Kavita Poddar. Atul Kohli. Simran Dhukka. Dexie DB. Christelle Kaye Bisnar. Endah Yuliarni. Anonymous DZag3Y2. Reno Gazette Journal. Joseph Ryan Davalos.
Syed Ali Naqvi. Jafari Selemani. Rikka Reyes. Anamika Attrishi. Remedios Capistrano Catacutan. Amit Pandey. Jessuel Larn-eps. Vatsal Banwari. How working unpaid hours became part of the job - BBC Worklife. Justice Akubo. More From Efeiluj Cuenca. Christine Apolo. Shei Allow. Efeiluj Cuenca. Alex Olivar, Jr. Ian Sia. Order No. List of Completed Activities. WCAG 2. This certifies it as a stable and referenceable technical standard. There are testable success criteria for each guideline.
A guide to understanding and implementing Web Content Accessibility Guidelines 2. Officers or members of a managerial staff, if they perform the following duties and responsibilities: 5. Field personnel and other employees whose time and performance is unsupervised by the employer, including those who are engaged on task or contract basis, purely commission basis or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof.
Premium Pay. Unless otherwise modified by law, order, or proclamation, the following are the twelve 12 regular holidays in a year under Executive Order No. Muslim Holidays Presidential Decree No. Maulid-un-Nabi Birthday of the Prophet Muhammad , which falls on the twelfth day of the third lunar month of Rabi-ul-Awwal; 3.
Upon proclamation by the President of the Philippines, Muslim holidays may also be officially observed in other provinces and cities. Presidential Proclamation No. Absences 1. All covered employees shall be entitled to holiday pay when they are on leave of absence with pay on the workday immediately preceding the regular holiday. Employees 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 they do not work on such regular holiday.
Holiday Pay of Certain Employees 1. Seasonal workers may not be paid the required holiday pay during off-season when they are not at work. Workers who do not have regular working days, such as stevedores, shall be entitled to this benefit. Definition Premium pay refers to the additional compensation for work performed within eight 8 hours on nonwork days, such as rest days and special days.
Managerial employees, if they meet all of the following conditions: 2. Officers or members of a managerial staff, if they perform the following duties and responsibilities: 3. Househelpers and persons in the personal service of another; 5. Workers who are paid by results, including those who are paid on piece rate, takay, pakyaw, or task basis, and other nontime work, if their output rates are in accordance with the standards prescribed in the regulations, or where such rates have been fixed by the Secretary of Labor and Employment; 6.
Field personnel, if they regularly perform their duties away from the principal or branch office or place of business of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. Special Days 1. Special Days Unless otherwise modified by law, order, or proclamation, the following are the three 3 special days in a year under Executive Order No. Workers who are not required or permitted to work on special days are not entitled to any compensation.
This, however, is without prejudice to any voluntary practice or provision in the Collective Bargaining Agreement CBA providing for payment of wages and other benefits for days declared as special days even if unworked.
No premium pay is required since work performed on said day is considered work on an ordinary workday. The minimum statutory premium pay rates are as follows: 1. Definition Overtime pay refers to the additional compensation for work performed beyond eight 8 hours a day. Coverage Same as those covered under 3. The minimum overtime pay rates vary according to the day the overtime work is performed, as follows: 1.
Stipulated Overtime Rates Generally, the premium pay for work performed on rest days, special days, or regular holidays is included as part of the regular rate of the employee in the computation of overtime pay for overtime work rendered on said days, especially if the employer pays only the minimum overtime rates prescribed by law.
The employees and employer, however, may stipulate in their collective agreement the payment for overtime work at rates higher than those provided by law.
Those of retail and service establishments regularly employing not more than five 5 workers; 3. Field personnel and those whose time and performance are unsupervised by the employer. Holiday, rest day, night shift, OT 2. Service charges are collected by most hotels and some restaurants, nightclubs, cocktail lounges, among others. Payments The shares of the employees in the service charges shall be distributed to them once every two 2 weeks or twice a month at intervals not exceeding sixteen 16 days.
Where the company stopped collecting service charges, the average share previously enjoyed by the employees for the past twelve 12 months immediately preceding such stoppage shall be integrated into their basic wages. Tips Where a restaurant or similar establishment does not collect service charges but has a practice or policy of monitoring and pooling tips given voluntarily by its customers to its employees, the pooled tips should be monitored, accounted, and distributed in the same manner as the service charges.
Coverage Every employee who has rendered at least one 1 year of service is entitled to Service Incentive Leave SIL of five 5 days with pay. This benefit applies to all employees except: 1. Househelpers and persons in the personal service of another; 3. Managerial employees, if they meet all of the following conditions: 3.
Field personnel and those whose time and performance is unsupervised by the employer; 5. Those already enjoying this benefit; 6. Those enjoying vacation leave with pay of at least five 5 days; and 7. Those employed in establishments regularly employing less than ten 10 employees.
The period includes authorized absences, unworked weekly rest days, and paid regular holidays. If through individual or collective agreement, company practice or policy, the period of the working days is less than twelve 12 months, said period shall be considered as one year for the purpose of determining the entitlement to the service incentive leave. The unused service incentive leave is commutable to its money equivalent at the end of the year.
In computing, the basis shall be the salary rate at the date of conversion. The use and conversion of this benefit may be on a pro rata basis. Coverage This benefit applies to all female employees, whether married or unmarried.
To be entitled to the maternity leave benefit, a female employee should be an SSS member employed at the time of her delivery or miscarriage; she must have given the required notification to the SSS through her employer; and her employer must have paid at least three monthly contributions to the SSS within the twelve-month period immediately before the date of the contingency i.
The maternity leave benefit, like other benefits granted by the Social Security System SSS , is granted to employees in lieu of wages. Coverage Paternity Leave is granted to all married male employees in the private sector, regardless of their employment status e.
Government employees are also entitled to the paternity leave benefit. They shall be governed by the Civil Service rules. If the spouses are not physically living together because of the workstation or occupation, the male employee is still entitled to the paternity leave benefit.
The paternity leave shall be for seven 7 calendar days, with full pay, consisting of basic salary and mandatory allowances fixed by the Regional Wage Board, if any, provided that his pay shall not be less than the mandated minimum wage.
Conditions for Entitlement A married male employee shall be entitled to paternity leave benefit provided that he has met the following conditions: 1. He is an employee at the time of the delivery of his child; He is cohabiting with his spouse at the time that she gives birth or suffers a miscarriage; 3. He has applied for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement; and 4.
His wife has given birth or suffered a miscarriage. Application for Paternity Leave The married male employee shall apply for paternity leave with his employer within a reasonable period of time from the expected date of delivery by his pregnant spouse, or within such period as may be provided by company rules and regulations, or by collective bargaining agreement. In case of a miscarriage, prior application for paternity leave shall not be required. Nonconversion to Cash In the event that the paternity leave is not availed of, it shall not be convertible to cash and shall not be cumulative.
Crediting of Existing Benefits 1. If the existing paternity leave benefit under the collective bargaining agreement, contract, or company policy is greater than seven 7 calendar days as provided for in RA , the greater benefit shall prevail.
If the existing paternity leave benefit is less than that provided in RA , the employer shall adjust the existing benefit to cover the difference.
Where a company policy, contract, or collective bargaining agreement provides for an emergency or contingency leave without specific provisions on paternity leave, the employer shall grant to the employee seven 7 calendar days of paternity leave.
Coverage Parental leave for solo parents is granted to any solo parent or individual who is left alone with the responsibility of parenthood due to: 1. Giving birth as a result of rape or, as used by the law, other crimes against chastity; 2.
Death of spouse; 3. Spouse is detained or is serving sentence for a criminal conviction for at least one 1 year; 4. Abandonment of spouse for at least one 1 year; 8. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance, or prolonged absence of the parents or solo parent: Provided, that such abandonment, disappearance, or prolonged absence lasts for at least one 1 year.
Conditions for Entitlement A solo parent employee shall be entitled to the parental leave, provided that: 1. Nonconversion to Cash In the event that the parental leave is not availed of, it shall not be convertible to cash, unless specifically agreed on previously.
Crediting of Existing Leave If there is an existing or similar benefit under a company policy or a collective bargaining agreement, the same shall be credited as such. If the same is greater than the seven 7 days provided for in RA , the greater benefit shall prevail. Emergency or contingency leave provided under a company policy or a collective bargaining agreement shall not be credited as compliance with the parental leave provided for under RA Coverage and Purpose Private sector women employees who are victims as defined in RA shall be entitled to the paid leave benefit under such terms and conditions provided herein.
The leave benefit shall cover the days that the woman employee has to attend to medical and legal concerns. Requirement for Entitlement To be entitled to the leave benefit, the only requirement is for the victim-employee to present to her employer a certification from the barangay chairman Punong Barangay or barangay councilor barangay kagawad or prosecutor or the Clerk of Court, as the case may be, that an action relative to the matter is pending.
The said leave shall be extended when the need arises, as specified in the protection order issued by the barangay or the court. Usage of the Benefit The usage of the ten-day leave shall be at the option of the woman employee.
In the event that the leave benefit is not availed of, it shall not be convertible into cash and shall not be cumulative. Coverage Any female employee regardless of age and civil status shall be entitled to a special leave benefit under such terms and conditions provided herein.
It shall also include hysterectomy, ovariectomy and mastectomy. Conditions for Entitlement 1. She has rendered at least six 6 months continuous aggregate employment service for the last twelve 12 months prior to surgery; 2. She has filed an application for special leave with her employer within a reasonable period of time from the expected date of surgery or within such period as may be provided by company rules and regulations or collective bargaining agreement; and 3.
She has undergone surgery due to gynecological disorders as certified by a competent physician. The Special Leave Benefit The employee is entitled to special leave benefit of two 2 months with full pay based on her gross monthly compensation.
Gross monthly compensation refers to the monthly basic pay plus mandatory allowances fixed by the regional wage boards. Usage The special leave shall be granted to the qualified employee after she has undergone surgery without prejudice to an employer allowing an employee to receive her pay before or during the surgery.
Nonconversion to Cash The special leave shall be non-cumulative and non-convertible to cash unless otherwise provided by a collective bargaining agreement CBA. Coverage All employers are required to pay their rank and file employees thirteenth-month pay, regardless of the nature of their employment and irrespective of the methods by which their wages are paid, provided they worked for at least one 1 month during a calendar year.
The thirteenth-month pay should be given to the employees not later than December 24 of every year. Definition of Rank-and-File Employees The Labor Code, as amended, distinguishes a rank-and-file employee from a managerial employee. All employees not falling within this definition are considered rank-and-file employees. The above distinction shall be used as guide for the purpose of determining who are rank-and-file employees entitled to the thirteenth-month pay.
The "basic salary" of an employee for the purpose of computing the thirteenth-month pay shall include all remunerations or earnings paid by his or her employer for services rendered. It does not include allowances and monetary benefits which are not considered or integrated as part of the regular or basic salary, such as the cash equivalent of unused vacation and sick leave credits, overtime, premium, night shift differential and holiday pay, and cost of living allowance COLA.
However, these salary-related benefits should be included as part of the basic salary in the computation of the thirteenth-month pay if these are treated as part of the basic salary Exempted Employers The following employers are not covered by PD 1. The government and any of its political subdivisions, including government-owned and controlled corporations, except those corporations operating essentially as private subsidiaries of the government; 2.
Employers who are already paying their employees thirteenth- month pay or more in a calendar year or its equivalent at the time of the issuance of PD ; 3. Employers of househelpers and persons in the personal service of another in relation to such workers; and 4. Employers of those who are paid on purely commission, boundary or task basis, and those who are paid a fixed amount for performing specific work, irrespective of the time consumed in the performance thereof except those workers who are paid on piece-rate basis, in which case their employer shall grant them thirteenth-month pay.
The term "its equivalent" as used in item D. Time of Payment of Thirteenth-Month Pay The thirteenth-month pay shall be paid not later than December 24 of every year.
The frequency of payment of this monetary benefit may be the subject of an agreement between Employees who are paid on piecework basis are entitled to the thirteenth-month pay.
Employees who are paid a fixed or guaranteed wage plus commission are also entitled to the thirteenth-month pay, based on their earnings during the calendar year i. In the consolidated cases of Boie Takeda Chemicals, Inc. Dionisio de la Serna, G.
Cresenciano B. Thus: In remunerative schemes consisting of a fixed or guaranteed wage plus commission, the fixed or guaranteed wage is patently the "basic salary" for this is what the employee receives for a standard work period. Commissions are given for extra efforts exerted in consummating sales or other related transactions.
They are, as such, additional pay, which this Court has made clear do not form part of the "basic salary" SCRA []. Employees with multiple employers Government employees working part-time in a private enterprise, including private educational institutions, as well as employees working in two or more private firms, whether on full-time or part-time basis, are entitled to the thirteenth- month pay from all their private employers, regardless of their total earnings from each of their employers.
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