The Philippines has different laws and guidelines when it comes to rights and benefits of workers. While the main law to anchor on is the Labor Code of the Philippines, it helps to read its Implementing Rules and Regulations and the Department of Labor and Employment issuances. Also add the SSS law, PhilHealth law, PAGIBIG law, 13th-month pay law, etc.
It could be daunting to laymen to read and understand all these resources. A question may lead to more confusing follow-up questions. So, to simplify some issues, let us quickly discuss them below:
What is overtime pay?
Overtime pay refers to the additional compensation for work performed beyond eight (8) hours a day. An overtime pay is not, however, automatic. Employees usually have an hour of meal break which is usually unpaid.
What is the right way to compute overtime pay?
The DOLE handbook has computed it this way:
When can an employee claim overtime pay?
An employee may claim his or her overtime pay when he or she has performed work beyond eight hours. But please take note, the overtime work must be “authorized” by the employer in the very first place.
If an employer does not give the benefits of the employees, what can the latter do?
Then the employee can complain to the proper government agency/institution. If the employer fails to remit SSS contributions, the employee may complain at the nearest SSS branch of the workplace. The employee may likewise go to DOLE and ask for advice.
What is Minimum Wage?
The “minimum wage” is that minimum amount of wage an employer may give to his employee. This is regulated by the government and is subject to change from time to time. The “minimum wage” varies per region in every part of the country. For example, as of the date (May 25, 2018), the minimum wage in Metro Manila is ₱512.00 (₱502.00 basic wage + ₱10.00 COLA) for non-agriculural workers. Workers in the agricultural sector receive P475—P465 basic wage and P10 cost of living allowance, still, in Metro Manila. On the other hand, non-agricultural workers in Baguio have a minimum wage of P300 effective June 5, 2017.
What if I really think my rights as a worker had been violated, to whom should I report or ask questions to?
The Department of Labor and Employment (DOLE) has a 24/7 hotline number. You may call the DOLE Hotline: 1349. If you would like to go to a DOLE Office in person, make sure to be there during office hours from 8:00 AM to 5:00 PM Monday – Friday (except holidays).
Questions? Comment down below and let’s discuss. I might add your question above to help or guide others, too.