4) CHRA by HREAP Reviewer. Drills for Philippine Labor Code & HR Laws. SET II. Book 3 - COE

Summary

This script outlines labor regulations from an employment law perspective, covering managerial and field personnel definitions, normal work hours, meal breaks, and overtime compensation rates. It addresses night shift differentials, holiday pay, and conditions for offsetting undertime with overtime. It also discusses emergency overtime exceptions, rest day compensation, holiday pay exemptions, service charge distribution, and payment methods. Additionally, it touches on employee rights regarding restrooms, pregnancy, and domestic service contracts, as well as compensation for unjust dismissal or leaving without cause.

Takeaways

• 📈 Article 82 defines 'field personnel' as non-agricultural employees who work away from the main office and have unpredictable working hours.
• ⏱️ Article 83 mandates that normal work hours should not exceed 8 hours per day.
• 🍽️ Article 85 stipulates that meal breaks should be at least 60 minutes long.
• 🌙 Article 86 specifies a 10% additional pay for night shifts that occur between 10 p.m. and 6 a.m.
• 🕒 Article 87 outlines that overtime work should be compensated at 25% above the regular wage.
• 🎉 Article 87 also states that overtime on holidays or rest days should be paid at a rate 30% higher than the regular wage.
• 🚫 Article 88 clarifies that undertime work cannot be compensated with overtime on different days.
• 🛑 Article 91 requires employers to provide at least one rest day every six consecutive work days.
• 💰 Article 93 details that working on a scheduled rest day should be compensated with an additional 30% of the regular wage, and 50% if it's a holiday.
• 🏡 Article 94 exempts businesses with less than 10 employees from paying holiday pay.
• 💼 Article 102 prohibits employers from paying employees with promissory notes, vouchers, or similar non-monetary forms.
• 💵 Article 105 asserts that employers are required to pay the wages of deceased employees to their heirs.
• 🚻 Article 132 mandates that employers must provide separate restrooms for male and female employees.
• 🤰 Article 137 prohibits employers from discharging women employees due to pregnancy.
• 🏠 Article 142 defines the typical contract period for domestic service as 2 years.
• 🏡 Article 145 requires employers to pay house helpers the same wage as regular employees if they are assigned to work in a commercial enterprise.
• 📚 Article 146 expects employers to provide at least elementary education opportunities for house helpers under 18 years old.
• 💼 Article 149 mandates that unjustly dismissed house helpers should receive compensation equivalent to their regular wage plus 15 days' wage.
• 🚷 Article 149 also states that if a house helper leaves without justifiable reason, an equivalent of 15 days' wages is forfeited.

Q & A

What does 'one' in the transcript refer to in terms of employment?

It refers to managerial employees whose primary duty consists of managing an establishment or a department within it.

According to Article 82, what type of employees are considered 'field personnel'?

Non-agricultural employees who regularly perform their duties away from the principal place of business and whose actual hours of work in the field can't be determined with reasonable certainty.

What is the maximum number of normal working hours specified in Article 83?

The normal working hours should not exceed 8 hours.

How long is the prescribed meal time as per Article 85?

The prescribed meal time should be at least 60 minutes.

What is the percentage of the regular wage for night differential pay as mentioned in Article 86?

The prescribed night differential pay per hour is 10% of the regular wage.

Which time period is covered by the night shift differential as per Article 86?

The night shift differential covers the hours from 10 p.m. to 6 a.m.

What is the compensation for overtime work as stated in Article 87?

The compensation for overtime work is the regular wage plus 25%.

Is it possible to offset undertime work on one day with overtime work on another day according to Article 88?

No, undertime work on any particular day cannot be offset by overtime work on any other day.

What are the conditions under which emergency overtime work is required, except for serving customers past closing hours as per Article 89?

Emergency overtime work is required when the country is at war, to prevent loss of life, or when work is necessary to prevent damage to perishable goods.

How often are employers required to provide a rest day according to Article 91?

Employers are required to provide a rest day every six consecutive work days.

What is the additional compensation for work on a scheduled rest day if it falls on a holiday as per Article 93?

The additional compensation for work on a scheduled rest day that falls on a holiday is 50% of the regular wage.

Are employers allowed to pay employees with promissory notes, vouchers, coupons, tokens, or tickets when requested by the employee as per Article 102?

No, employers are not allowed to pay employees with promissory notes, vouchers, coupons, tokens, or tickets.