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WORKERSWORKERS’’ BENEFITS BENEFITS FOR RETAIL & SERVICE FOR RETAIL & SERVICE
ESTABLISHMENTSESTABLISHMENTS
employing 1 to 9 workersemploying 1 to 9 workers
Federation of FilipinoFederation of Filipino--Chinese Chamber of Commerce Chinese Chamber of Commerce & Industry, Inc. [FFCCCII]& Industry, Inc. [FFCCCII]
Republic of the PhilippinesRepublic of the PhilippinesDEPARTMENT OF LABOR AND EMPLOYMENTDEPARTMENT OF LABOR AND EMPLOYMENT
IntramurosIntramuros. Manila. Manila
minimum requirements prescribed by existing laws, rules and regulations relating to wages, hours of work, cost of living allowances and other monetary and welfare benefits, including those set by occupational safety and health standards.
Labor StandardsLabor StandardsLabor Standards
Hours of Work
Normal work hours - 8 hours a day
Meal and rest periods: meal break of less than one hour and short rest periods shall be considered compensable work time.
Weekly Rest Day
A day-off of 24 consecutive hours after 6 days of work should be scheduled by the employer upon consultation with the workers.
DAILY MINIMUM WAGE RATESDAILY MINIMUM WAGE RATES National Capital Region (NCR) National Capital Region (NCR) a/a/ Per Wage Order No. NCRPer Wage Order No. NCR--16 16 b/b/
Effective 26 May 2011Effective 26 May 2011
Sector/IndustrySector/IndustryBasic Wage under Basic Wage under
Wage Order No. NCR Wage Order No. NCR 1515
COLA increaseCOLA increase New Minimum New Minimum Wage RatesWage Rates
NonNon--AgricultureAgriculture P 404.00P 404.00 P22.00P22.00 P 426.00P 426.00
Agriculture Agriculture (Plantation and Non (Plantation and Non Plantation)Plantation) P 367.00P 367.00 P22.00P22.00 P 389.00P 389.00
Private Hospitals with bed Private Hospitals with bed capacity of 100 or lesscapacity of 100 or less P 367.00P 367.00 P22.00P22.00 P 389.00P 389.00
Retail/Service Establishments Retail/Service Establishments employing 15 workers or lessemploying 15 workers or less P 367.00P 367.00 P22.00P22.00 P 389.00P 389.00
Manufacturing Establishments Manufacturing Establishments regularly employing less than 10 regularly employing less than 10 workersworkers
P 367.00P 367.00 P22.00P22.00 P 389.00P 389.00
a/ covers the cities of Caloocan, Las Piñas, Makati, Malabon, Mandaluyong, Manila, Marikina, Muntinlupa, Navotas, Parañaque, Pasay, Pasig, Quezon, San Juan, Taguig and Valenzuela and the Municipality of Pateros.
b/ grants a P22.00 cola per day to all minimum wage workers in the private sector in the region W.O. issued 09 May 2011, published at Phil. Daily Inquirer on 11 May 2011
HOLIDAY PAY does NOT apply to workers of retail & service establishments regularly employing less than 10 workers
Holiday Pay - 1 day pay for every regular holiday even if unworked subject to certain conditions.
if worked – 200% of regular daily wage
Condition for entitlement:
present or on leave with pay on the workday prior to the holiday
HOLIDAY PAY – NOT APPLICABLE
Regular HolidaysRegular Holidays
[ RA 9849 ][ RA 9849 ]
New YearNew Year’’s Days Day January 1January 1Maundy ThursdayMaundy Thursday Movable dateMovable dateGood FridayGood Friday Movable dateMovable dateArawAraw ngng KagitinganKagitingan Monday nearest April 9Monday nearest April 9Labor DayLabor Day Monday nearest May 1Monday nearest May 1Independence Day Independence Day Monday nearest June 12Monday nearest June 12National Heroes DayNational Heroes Day Last Monday of AugustLast Monday of AugustEidulEidul FitrFitr Movable dateMovable dateEidulEidul AdhaAdha Movable dateMovable dateBonifacioBonifacio DayDay Monday nearest Nov. 30Monday nearest Nov. 30Christmas DayChristmas Day December 25December 25Rizal DayRizal Day Monday nearest Dec. 30Monday nearest Dec. 30
20112011 Regular HolidaysRegular HolidaysNew YearNew Year’’s Days Day January 1 (Saturday)January 1 (Saturday)ArawAraw ngng KagitinganKagitingan April 9 (Saturday)April 9 (Saturday)Maundy ThursdayMaundy Thursday April 21April 21Good FridayGood Friday April 22April 22Labor DayLabor Day May 1 (Sunday)May 1 (Sunday)Independence Day Independence Day June 12 (Sunday)June 12 (Sunday)National Heroes DayNational Heroes Day August 29 (Monday)August 29 (Monday)EidulEidul FitrFitr To be proclaimedTo be proclaimedEidulEidul AdhaAdha To be proclaimedTo be proclaimedBonifacioBonifacio DayDay November 30 November 30 (Wednesday)(Wednesday)Christmas DayChristmas Day December 25 (Sunday)December 25 (Sunday)Rizal DayRizal Day December 30 (Friday)December 30 (Friday)
Premium Pay – additional pay for work within 8 hours as follows:
Special or rest day: plus 30% of basic daily rateRest day falling on a special day: plus 50% of basic daily rate.Rest day falling on a regular holiday: plus 30%
of 200% of basic daily rate.
National Special Days
(RA 9849) :Ninoy Aquino Day Monday nearest Aug. 21 All Saints Day November 1Last Day of the Year December 31
20112011 Special DSpecial DaysaysBlack SaturdayBlack Saturday April 23April 23150150thth Birth AnniversaryBirth Anniversary
of Jose P. Rizal of Jose P. Rizal June 20 (Monday)June 20 (Monday)NinoyNinoy Aquino Day Aquino Day August 21 (Sunday)August 21 (Sunday)All Saints DayAll Saints Day November 1 (Tuesday)November 1 (Tuesday)Last Day of the YearLast Day of the Year December 31 (Saturday)December 31 (Saturday)
Special Holiday for all schoolsEDSA Revolution February 25 (Friday)Anniversary
Overtime Pay – additional pay for work in excess of 8 hours as follows:
Ordinary days: plus 25% of basic hourly rate.
Special days, rest days, and holidays: plus 30% of the regular hourly rate on said days.
Nightshift differential - additional pay of10% of the basic rate for work between 10pm – 6am.
SERVICE INCENTIVE LEAVE SERVICE INCENTIVE LEAVE –– NOT APPLICABLENOT APPLICABLE
Employees who rendered 1 year of service are entitled to 5 days service incentive leave (SIL) with pay. [Article 95 of the labor Code]
Usage/Commutation to Cash:
for sick and vacation leave purposes. The unused SIL is commutable to its money equivalent at the end of the year.
Maternity LeaveMaternity Leave [ RA 8282 ][ RA 8282 ]
CoverageCoverageFemale employee who has paid at least 3Female employee who has paid at least 3--monthly contributions in the 12monthly contributions in the 12--month period prior month period prior to child birth or miscarriage, and who is currently to child birth or miscarriage, and who is currently employed.employed.
BenefitBenefitThe daily maternity benefit is equivalent to 100% of The daily maternity benefit is equivalent to 100% of her average daily salary credit.her average daily salary credit.
60 days60 days for normal delivery or miscarriagefor normal delivery or miscarriage78 days 78 days Caesarian section deliveryCaesarian section delivery
Paternity LeavePaternity Leave [ RA 8187 ][ RA 8187 ]
CoverageCoverage -- MARRIED male employeesMARRIED male employeesBenefitBenefit
7 days leave with pay for the 17 days leave with pay for the 1stst four deliveries four deliveries of his lawful wife.of his lawful wife.
Conditions for entitlementConditions for entitlementemployee at the time of delivery of his child.employee at the time of delivery of his child.cohabiting with spouse at the time of delivery or cohabiting with spouse at the time of delivery or miscarriage.miscarriage.applied for paternity leave applied for paternity leave w/nw/n reasonable reasonable period. period. his wife has given birth or suffered a miscarriage.his wife has given birth or suffered a miscarriage.
Parental LeaveParental Leave
of Solo Parentsof Solo Parents
[ RA 8972 ][ RA 8972 ]
CoverageCoverageAny individual under the 10 categories provided by Any individual under the 10 categories provided by lawlaw
BenefitBenefit7 working days with pay7 working days with pay
Conditions for EntitlementConditions for Entitlementrendered 1 year of service.rendered 1 year of service.notified employer of usage within a reasonable notified employer of usage within a reasonable time. time. presented a Solo Parent ID Card to employer presented a Solo Parent ID Card to employer which may be obtained from the DSWD Office of which may be obtained from the DSWD Office of the City or municipality of residence.the City or municipality of residence.
Leave for Victims of VAWCLeave for Victims of VAWC
[ RA 9262 ]
BenefitBenefitleave with pay up to 10 days, extendible when the leave with pay up to 10 days, extendible when the necessity arises as specified under the protection necessity arises as specified under the protection order. order.
Requirement for entitlementRequirement for entitlementcertification from the certification from the PunongPunong BarangayBarangay or or kagawadkagawad,, or Prosecutor or the Clerk of Court, as or Prosecutor or the Clerk of Court, as the case may be, that an action is pending.the case may be, that an action is pending.
AvailmentAvailment –– option of the woman employeeoption of the woman employee
Circumstances for Circumstances for availmentavailmentMedical and legal concernsMedical and legal concerns
Special Leave of WomenSpecial Leave of Women
[ RA 9710 ][ RA 9710 ]
BenefitBenefit2 months leave with full pay 2 months leave with full pay
Conditions for entitlementConditions for entitlement
rendered 6 months for the last 12 months prior rendered 6 months for the last 12 months prior to surgery.to surgery.
filed application within reasonable period from filed application within reasonable period from expected date of surgery.expected date of surgery.
undergone surgery due to gynecological undergone surgery due to gynecological disorders as certified by competent physician. disorders as certified by competent physician.
Signed into law by PGMA : August 14, 2009Signed into law by PGMA : August 14, 2009Published at PDI & Malaya : August 31, 2009Published at PDI & Malaya : August 31, 2009Took effect on : September 15, 2009Took effect on : September 15, 2009
13th month pay -
1/12 of the total basic salary earned within the calendar year.
Separation pay -
½ or 1 month pay per year of service for authorized causes of separation.
Optional Retirement Compulsory Retirement- 60 years old - 65 years old- 5 years service- no retirement plan
Retirement pay -22.5 days salary per year of service for optional retirement at 60 under RA 7641 or under applicable agreement. RETIREMENT PAY = daily rate x 22.5 x years of service
RETIREMENT PAY RETIREMENT PAY –– NOT APPLICABLENOT APPLICABLE
Employment of Children
Minimum employable age is 15 years. A worker below 15 should be directly under the sole responsibility of parents or guardians; work does not interfere with child’s schooling/normal development; with work permit from DOLE
No person below 18 can be employed in a hazardous or deleterious undertaking
Safe and Healthful Conditionsof Work and Welfare services
Proper illumination and ventilation, fire exits and extinguishers, occupational health personnel and services, family welfare/ family planning services at the workplace, etc.
ECC Benefits for Work-Related Contingencies
Medical benefits for sickness/ injuries
Disability benefits
Rehabilitation benefits
Death and funeral benefits
Pension benefitsSSS Benefits
Maternity, sickness, disability, retirement, death and pension benefits
BENEFITS BENEFITS –– PAID BY THE GOVERNMENTPAID BY THE GOVERNMENT
Workers cannot be dismissed without just or authorized causes, and due process.
Workers shall be made regular after 6 months probation.
Right to Security of Right to Security of TenureTenure
COMPLIANCE GUIDE
Applicable Labor Standards Retail & Service Establishments
Non-Agriculture Reference(Page no.)Employing 1 to 5
workersEmploying 1 to 9
workersMinimum Wage 1
Holiday pay N/A N/A 7
Premium pay 12
Overtime pay 15
Night shift pay N/A 17
Service charge 20
Service incentive leave N/A N/A 21
Maternity leave 23
Paternity leave 24
Parental leave 26
Leave for victims against women & children 28
13th month pay 30
Separation pay 33
Retirement pay N/A N/A 35
ECC benefits* 38
PhilHealth benefits* 41
SSS benefits* 46
*will be paid by the Government
For more information, For more information, visit or contact: visit or contact:
DOLE DOLE –– Regional/Provincial OfficesRegional/Provincial Officesor or
WEBSITE:WEBSITE:www.dole.gov.phwww.dole.gov.ph
DOLE CALL CENTER:908-2917
In Metro Manila:DOLE - National Capital Region
NCR Bldg. (formerly WASMIYA Bldg.)967 Maligaya St., Malate, Manila
339339--2013 / 3392013 / 339--20172017Fax: 400Fax: 400--62416241