The Secretary of Labor and Employment may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of workers established under this Code. No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except: Art. In cases of unlawful withholding of wages, the culpable party may be assessed attorney’s fees equivalent to ten percent of the amount of wages recovered. Computation of additional compensation. 129. ARTICLE 129. Art. Art. (e) Any government employee found guilty of violation of, or abuse of authority, under this Article shall, after appropriate administrative investigation, be subject to summary dismissal from the service. – For purposes of computing overtime and other additional remuneration as required by this Chapter, the “regular wage” of an employee shall include the cash wage only, without deduction on account of facilities provided by the employer. The affidavit shall be presented to the employer who shall make payment through the Secretary of Labor and Employment or his representative. (As amended by Republic Act No. Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight (8) hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. Weekends–Saturday and Sunday–are usually allotted as rest days. – An employer or indirect employer may require the contractor or subcontractor to furnish a bond equal to the cost of labor under contract, on condition that the bond will answer for the wages due the employees should the contractor or subcontractor, as the case may be, fail to pay the same. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof. – For purposes of this Chapter, the “employer” of homeworkers includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person: (1) Delivers, or causes to be delivered, any goods, articles or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his directions; or. ARTICLE 146. To develop plans, programs and projects relative to wages, incomes and productivity improvement for their respective regions; To determine and fix minimum wage rates applicable in their regions, provinces or industries therein and to issue the corresponding wage orders, subject to guidelines issued by the Commission; To undertake studies, researches, and surveys necessary for the attainment of their functions, objectives and programs, and to collect and compile data on wages, incomes, productivity and other related information and periodically disseminate the same; To coordinate with the other Regional Boards as may be necessary to attain the policy and intention of this Code; To receive, process and act on applications for exemption from prescribed wage rates as may be provided by law or any Wage Order; and. Marriage Annulment & Divorce in the Philippines, Grounds for Annulment of Marriage in the Philippines, PROCEDURE ON GETTING ANNULMENT IN THE PHILIPPINES, How to File an Annulment in the Philippines, Philippines BPO KPO Registration Incorporation, Philippines Foreign Corporation Branch Office, BOI – Board of Investments Tax Incentives, Foreign Ownership of Land in the Philippines, Foreign Ownership of Corporations in the Philippines, Declaration of Nullity of Marriage in the Philippines, BOI - Board of Investments Tax Incentives. Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices. Any dispute arising therefrom shall be settled through the National Conciliation and Mediation Board and, if it remains unresolved after ten (10) calendar days of conciliation, shall be referred to the appropriate branch of the National Labor Relations Commission (NLRC). 148. Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). Service of termination notice. Art. – (a) Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices. 6727, June 9, 1989). He shall not in any manner force, compel, or oblige his employees to purchase merchandise, commodities or other property from any other person, or otherwise make use of any store or services of such employer or any other person. Art. Such unpaid wages and monetary claims shall be paid in full before claims of the government and other creditors may be paid. (As amended by Section 2, Republic Act No. 6727, June 9, 1989). Art. Hours worked. – No wage order shall be construed to prevent workers in particular firms or enterprises or industries from bargaining for higher wages with their respective employers. To act as the national consultative and advisory body to the President of the Philippines and Congress on matters relating to wages, incomes and productivity; To formulate policies and guidelines on wages, incomes and productivity improvement at the enterprise, industry and national levels; To prescribe rules and guidelines for the determination of appropriate minimum wage and productivity measures at the regional, provincial, or industry levels; To review regional wage levels set by the Regional Tripartite Wages and Productivity Boards to determine if these are in accordance with prescribed guidelines and national development plans; To undertake studies, researches and surveys necessary for the attainment of its functions and objectives, and to collect and compile data and periodically disseminate information on wages and productivity and other related information, including, but not limited to, employment, cost-of-living, labor costs, investments and returns; To review plans and programs of the Regional Tripartite Wages and Productivity Boards to determine whether these are consistent with national development plans; To exercise technical and administrative supervision over the Regional Tripartite Wages and Productivity Boards; To call, from time to time, a national tripartite conference of representatives of government, workers and employers for the consideration of measures to promote wage rationalization and productivity; and. The answer to your question is not in the labor code but in REPUBLIC ACT NO. 132. 126. – (a) Househelpers shall be paid the following minimum wage rates: (1) Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Paraaque, Las Pias, Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities; (2) Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and. Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. The representative of the Secretary of Labor and Employment shall act as referee in dividing the amount paid among the heirs. 121. Provided, That the employers shall review the employment contracts of their househelpers every three (3) years with the end in view of improving the terms and conditions thereof. The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged. Unless otherwise agreed by the parties in writing, such dispute shall be decided by the voluntary arbitrators within ten (10) calendar days from the time said dispute was referred to voluntary arbitration. The Commission shall determine the offices/headquarters of the respective Regional Boards. Art. It shall be unlawful for any person, directly or indirectly, to withhold any amount from the wages of a worker or induce him to give up any part of his wages by force, stealth, intimidation, threat or by any other means whatsoever without the worker’s consent. According to DOLE, all employees working at night shift are granted with night differential pay except for some provisions. For purposes of this Chapter, the “employer” of homeworkers includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person: (As amended by Section 1, Republic Act No. WHAT IS NIGHT SHIFT DIFFERENTIAL? In any industrial undertaking or branch thereof between ten o’clock at night and six o’clock in the morning of the following day; or, In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and six o’clock in the morning of the following day; or. Regulation of industrial homeworkers. (As amended by Republic Act No. Such unpaid wages and monetary claims shall be paid in full before claims of the government and other creditors may be paid. BC Philippines law offices Philippines will assist Limitations. In such cases, the person or intermediary shall be considered merely as an agent of the employer who shall be responsible to theworkers in the same manner and extent as if the latter were directly employed by him. Night work is regulated under the Labour Code which provides for a night shift differential. “Fair and reasonable value” shall not include any profit to the employer, or to any person affiliated with the employer. Payment of wages by check or money order shall be allowed when such manner of payment is customary on the date of effectivity of this Code, or is necessary because of special circumstances as specified in appropriate regulations to be issued by the Secretary of Labor and Employment or as stipulated in a collective bargaining agreement. (As amended by Republic Act No. Freedom to bargain. Each Regional Board shall be composed of the Regional Director of the Department of Labor and Employment as chairman, the Regional Directors of the National Economic and Development Authority and the Department of Trade and Industry as vice-chairmen and two (2) members each from workers and employers sectors who shall be appointed by the President of the Philippines, upon the recommendation of the Secretary of Labor and Employment, to be made on the basis of the list of nominees submitted by the workers and employers sectors, respectively, and who shall serve for a term of five (5) years. 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