Paternity Leave
Paternity Leave
Paternity Leave
Paternity Leave
PARENTAL LEAVE
Leave benefits granted to a solo parent to enable him/her to perform
parental duties and responsibilities - where physical presence is required.
3. Must have at least rendered service of one year or his or her employer
4. He or she must remain a solo parent
1. A woman who gives birth as a result of rape and other crimes against
chastity even without a final conviction of the offender; Provided, that
the mother keeps and raises the child;
2. Parent left solo or alone with the responsibility of parenthood due to:
a. Death of spouse;
b. Detention or service of sentence of spouse for a criminal conviction
for at least 1 year;
c. Physical and/or mental incapacity of spouse
d. Legal separation or de facto separation form spouse for at least 1
year as long as he/she is entrusted with the custody of the children;
e. Nullity or annulment of marriage as decreed by a court or by a
church as long as he/she is entrusted with the custody of the
children;
f. Abandonment of spouse for at least 1 year;
3. Unmarred mother/father who has preferred to keep and rear his or her
child/children instead of:
a. death
b. abandonment
c. disappearance or
d. prolonged absence of the parents or solo parent.
Additional income based on wage required by P.D. 851 requiring all Ers to
pay their Ees a 13th month pay which is equivalent to 1/12 of the total basic
salary earned by an Ee within a calendar year.
Basic Salary
Includes all remunerations or earnings paid by the employer to an
employee for services rendered inducting cost-of-living-allowances.
It does not include all allowances and monetary benefits which are not
considered or integrated as part of the regular or basic salary such as:
The absence of an express provision in the CBA obligating the Er to pay the
members of a union 13th month pay is immaterial. Notwithstanding
therefore the absence of any contractual agreement, the payment of a 13 th
month pay being a statutory grant, compliance with the same is mandatory
and is deemed incorporated int he CBA.
1. Employees
GR: All rank-and-file Ees are covered by P.D. 851 regardless of the amount
of basic salary that they received in a month, if their Ers are not otherwise
exempted form paying the 13th month pay. Such Ees are entitled to the
13th month pay regardless of said designation of employment status, and
irrespective of the method by which their wages are paid.
Provided, that they have worked for at least 1 month, during a calendar
year (Revised Guidelines on the Implementation of the 13 th Month Pay
Law.)
XPN:
1. Government Ees;
2. Ees paid purely on commission basis;
3. Ees already receiving 13th month pay;
4. Managers’
5. Seafarers
XPN:
a. The Government and any of its political subdivisions, including GOCCs;
b. Ers already paying their Ees 13th month pay or more in a calendar year in
its equivalent at the time of the issuance of the Revised Guidelines;
c. Ers of those who are paid on purely basis of:
i. Commission;
NOTE: Bus drivers and conductors who are paid a fixed or guaranteed
minimum wage in case their commission be less than the statutory
minimum are entitled to a 13th-month pay equivalent to one twelfth of
their total earnings during the calendar year. (Philippine Agricultural
Commercial and Industrial Workers Union v. NLRC., GR No. 107994, 14
August 1995)
ii. Boundary; or
iii. Task; and
iv. Fixed amount for performing a specific work
XPN: Where the workers are paid on a piece-rate basis, in which case, the
employer shall be covered by the Revised Guidelines insofar as the
workers are concerned.
d. Distressed Ers:
Adjudicated claims
Non-payment of the 13th month pay provided by P.D. 851 and the rules of
NLRC shall be treated as money claims cases.
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The following Ees may or may not be entitled to 13th month pay
NOTE: Ees paid a fixed or guaranteed wage plus commission are also
entitled to the mandated 13th month pay, based on their total earnings
during the calendar year,I.e. on both their fixed or guaranteed wage
and commission.
Retirement Pay
Retirement
It is the result of a bilateral act of the parties, a voluntary agreement
between the Er whereby the latter after reaching a certain age agrees
and/or consents to server his employment with the former (Ariola v. Philex
Mining Corp., G.R. No. 147756, August 9, 2005).
1. The claimant for retirement benefits was still the Ee of the Er at the
time the statute took effect; and
2. The claimant was in compliance with the requirements for eligibility
under the statute for such retirement benefits (PSVSIA v. NLRC, G.R.
No. 115019, April 14, 1997).
ELIGIBILITY
Retirement age
It is the age of retirement that is specified in the
1. CBA:
2. Employment contract;
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The option to retire upon reaching the age of 60 years or more but not
beyond 65 is the4 exclusive prerogative of the Ee if there is no provision on
retirement in a CBA or any other agreement or if the Er has no retirement
plan (Capili v. NLRC, G.R. No. 117378, March 26, 1997).
NOTE: SC ruled that the conditions of eligibility for retirement must be met
at the time of retirement at which juncture the right to retirement benefits
or pension, if the Ee is eligible, vests in him. (Ibid.)
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Art. 287 permits Er and Ee to fix the applicable retirement age at below 60.
The same is legal and enforceable so long as the parties agree to be
governed by such CBA (Pantranco North Express v. NLRC, G.R. No. 95940,
July 24, 1996).
When the CBA provisions are considered an effective bar to the availment
if retirement or vice versa. Such when the CBA enunciates express
prohibition against double recovery: (Zuelig Pharma Corp. V. Sibal, G.R. No.
173587, July 15, 2013)
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AMOUNT
NOTE: Under sec. 26 of R.A. 4670, otherwise known as “Magna Carta for
Public School Teachers”, public school teachers having fulfilled the age and
service requirements of the applicable retirement laws shall be given one
range salary raise upon the retirement, which shall be the basis of the
computation of the lump sum of the retirement pay and monthly benefit
thereafter.
Once the Ee retires, it is not Article 287 that is controlling but the
retirement plan under the CBA or other applicable employment contract.
(Chan, (Chan, 2014) Article 287 becomes relevant only in the matter of
ensuring that the retirement benefits are not less than whose provided
therein (Elegir v. PAL, Inc., G.R. No. 181995, July 16, 2012.)
not over 60 years of Permanent Ees below and their Ees not over
age and their Ers. 60 years of age upon 60 years of age;
1. Filipinos recruited in appointment of provided, that an Ee
the Philippines by permanent status, and who is over 60 years of
foreign-based Ers for for all elective officials age and paying
employment abroad for the duration of their contributions to qualify
may be covered by the tenure. for the retirement or
SSS on a voluntary NOTE: Any person, life insurance benefit
basis. whether elected or administered by the
2. Compulsory upon all appointed, in the System shall be subject
self-employed persons service of an Er is a to compulsory
earning Php 1,800 or covered Ee if he coverage.
more per annum. receives compensation
for such service
The 15-day salary of workers paid by results and part-time workers shall be
determined from their average daily salary (ADS), which is the average
daily salary for the last 12 months reckoned from the date of their
retirement, divided by the number of actual working days in that particular
period (Rules Implementing the New Retirement Law, Sec. 5.2 and 5.3).
Note: The rule mentioned is the same for underground mine Ees. (Section
4.3, Rule II-A, Department Order No. 09, Series of 1998)
TAXABILITY
Retirement benefits under R.A. 7641 are tax exempt provided that such
benefits provided by the retirement plan be equal or less than the
minimum requirement provided by law.
R. A. 8424, the Tax Reform Act of 1997, which amended by NIRC, expressly
excludes retirement benefits from gross income based on the same four (4)
conditions enumerated above. Non-compliance with any of the
requirements would subject the benefits to tax. (Santos v. Servier
Philippines, Inc. G.R. No. 166377, November 28, 2008)
The retirement pay provided in R.A. 8558 may be exempted from tax
consistent with the BIR as discussed above.
The State condemns discrimination against women in all its Forms and
pursues by all appropriate means and without delay the policy of
eliminating discrimination against women in keeping with the Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW)
and other international instruments consistent with Philippine law. The
opportunities available to every member of society (R.A. 9710 or the
Magna Carta of Women, Sec. 2)
The State shall take steps to review and, when necessary, amend and/or
repeal existing laws that are discriminatory to women within 3 years from
the effectivity of this Act ( R.A. 9710, Sec. 12).
DEFINITION
Employment of PWD
The mere fact that a worker has a disability does not make him a disabled
worker because his disability may not impair his efficiency or the quality of
his work. If despite his disability he can still efficiently perform his work, he
would be considered a qualified disabled worker entitled to the same
treatment as qualified able-bodied workers (Bernardo v. NLRC, G.R. No.
122917, July 12, 1999).
GR: Handicapped workers are entitled to not less than seventy-five percent
(75%) of the applicable adjusted minimum wage. (Article 80, LC)
XPN: All qualified handicapped workers shall receive the full amount of
the minimum wage rate prescribed herein pursuant to RA 7277
(Wage Order No. NCR-18, Effective October 4, 2013)
Provided further, that the disabled Ee is accredited with the DOLE and
the Department of Health as to his disability, skills and qualifications.
Principal Functions
1. Protection of the right of Filipino workers to fair and equitable
employment practices.
2. Regulation of private sector participation in the recruitment and
overseas placement of workers by setting up a licensing and
registration system
3. Deployment of Filipino workers through Government to Government
hiring
4. Formulation, implementation, and monitoring of overseas employment
of Filipino workers taking into consideration their welfare and domestic
manpower requirements
5. Shall inform migrant workers not only of their rights as workers but also
of their rights as human beings, instruct and guide the workers how to
assert their rights and provide the available mechanism to redress
violation of their rights (Sec. 14, R.A. 10022).
6. Implementation, in partnership with other law-enforcement agencies,
of an intensified program against illegal recruitment activities ( Sec. 14,
R.A. 10022).
1 Guaranteed wages for regular hours and OT, not lower than the
minimum wage prescribed in all of the following:
Deployment of OFWs
1. It has existing labor and social laws protecting the rights of workers,
including migrant workers;
2. It is a signatory to and/or a ratifier of multilateral conventions,
declaration or resolutions relating to the protection of workers,
including migrant workers; and
3. It has concluded a bilateral agreement or arrangement with the
government on the protection of the rights of OFWs (Sec. 3. R.A. 10022
amending R.A. 8042).
NOTE: In the absence of a clear showing that any of the guarantees exists
in the country of destination of the migrant workers, no permit for
deployment shall be issued by the POEA.
Repatriation of a worker
GR: The repatriation of the:
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2. Remains and transport of the personal belongings of a deceased
worker and all costs attendant thereto - shall be borne by the principal
and/or the local agency.
XPN:
1. If the termination of employment is due solely to the fault of the worker,
the principal/ Er or agency shall not be responsible for the repatriation
of the former and/or his belongings.
2. In cases of war, epidemic, disaster or calamities, natural or man-made,
and other similar event, and where the principal or recruitment agency
cannot be identified, the Overseas Workers Welfare Administration, in
coordination with appropriate international agencies, shall take charge
of the repatriation (Sec. 15, R.A. 8042).
1. Adjudicatory
1. Prostitution
2. Unjust refusal to depart for the worksite
3. Gun running or possession of deadly weapons
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4. Vandalism or destroying company property
5. Violation of the laws and sacred practices of the host country and
unjustified breach of employment contract
6. Embezzlement of funds of the company or fellow worker entrusted for
delivery to relatives in the Philippines.
7. Creating trouble at the worksite or in the vessel
8. Gambling
9. Initiating or joining a strike or work stoppage where the laws of the host
country prohibits strikes or similar actions
10. Commission of felony punishable by Philippine laws or by the host
country
11. Theft or robbery
12. Drunkenness
13. Drug addiction or possession or trafficking or prohibited drugs
14. Desertion or abandonment
JURISDICTION
Labor Arbiter POEA
Original and exclusive jurisdiction Original and exclusive jurisdiction
over all claims arising out of Er-Ee over:
relationship or by virtue of any laws 1. All cases which are administrative
or contract involving OFWs including in character relating to licensing and
claims for: registration of recruitment and
employment agencies
1. Actual
2. Moral Disciplinary Action cases and other
3. Exemplary special cases, which are
Other forms of damages (Sec. 10, administrative in character,
R.A. 8042). involving Ees, principals, contracting
partners and Filipino migrant
workers (Rule VII, Book VII, POEA
Rules).