How to compute pay on special days for the November 1 and 2 per Labor Advisory 29, Series of 2020. The DOLE issued the said advisory as guide for employers and all concerned on proper computation thereof. Below is the PDF file (original not mine):
Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Bona fide suspension of operations provided under the Labor Code allows companies to temporarily close on account of lack of raw materials, orders, etc. Article 301 [Formerly Article 286] of the Labor Code contemplates a situation when employment is not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment [...]
Reinstatement, if ordered in a labor case by the Labor Arbiter, is immediately executory even pending appeal. The employer has the obligation to reinstate and pay the wages of the dismissed employee during the period of appeal until reversal by the higher court. (Wenphil Corporation vs. Abing, G.R. No. 207983, April 7, 2014) Under Article 229 of the Labor Code, “the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall [...]
Thirteenth (13th) month pay guidelines have been issued by the Department of Labor and Employment (DOLE) in a Labor Advisory issued on October 16, 2020. The authority of the DOLE to issue the guidelines is pursuant to Article 5 of the Labor Code of the Philippines, as renumbered and in accordance with Presidential Decree No. 851 requiring employers in the private sector to pay their rank and-file employees a 13th Month Pay. Coverage Rank-and-file employees in the private sector shall be entitled [...]
Labor Advisory 28, Series of 2020 was issued on October 16, 2020 providing guidelines for the payment of the 13th month pay for the year 2020. Below is the PDF version (original file not mine):
Wage is defined as the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by [...]
Holiday pay is mandated to be paid as soon as the right has accrued to the employees. There are two kinds of holidays under the Philippine labor laws. One, regular holiday and two, special day. Currently, there are twelve regular holidays and at least three special days. There are other special days that the Malacañang proclaim from time to time and depending on the occasion. There are special days also which are declared, covering only a particular local government. The special [...]
Unemployment assistance is provided under R.A. 11494, otherwise known as the “Bayanihan to Recover As One Act” or “BARO.” The amount of five thousand pesos (PhP5,000.00) to eight thousand pesos (PhP8,000.00) unemployment or involuntary separation assistance for displaced workers or employees due to COVID-19 including probationary, project, seasonal, contractual and casual employees in private health institutions, culture and arts, creative industries, including, but not limited to, film and audiovisual workers, broadcast, construction, public transportation, trade and industries, cooperatives, an other [...]
Special risk allowance was included in the appropriation for all public and private health workers directly catering to or in contact with COVID-19 patients for every month that they are serving during the state of national emergency as declared by the President under R.A. 11494 or the “Bayanihan to Recover as One Act.” Provision of a “COVID-19 special risk allowance” by the national government for all public and private health workers directly catering to or in contact with COVID-19 patients [...]
Thirteenth (13th) month pay is one of the benefits mandated under PD 851 and Memorandum Order No. 28. It is computed based on the total basic salary earned by an employee within a calendar year divided by 12 months. The question is what happens if in this year 2020 the company did not operate due to ECQ considering that it is not into the business of selling essential goods or providing essential services Below is an illustration on the application of [...]
