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19 Oct

Thirteenth (13th) Month Pay Labor Advisory Guidelines for Year 2020

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 [...]

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16 Oct

Wage Deduction and Withholding

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 [...]

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14 Oct

Holiday Pay as a Legal Obligation and Deferment Due to COVID-19 Situation

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 [...]

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10 Oct

Unemployment Assistance under the Bayanihan Act 2 (BARO)

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 [...]

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04 Oct

Salaries, Wages and Benefits Webinar by Atty. Elvin Villanueva

Salaries, wages and benefits are among the challenging areas in managing one’s business. HR practitioners and managers have to keep abreast with the latest practices, trends, and policies as they mean losing people or morale. On November 6, 2020, a Webinar will be held on the matter at 1:30 pm to 4:30 pm, Friday, November 6, 2020 Via Zoom. Those interested may click on the link: https://www.cgbp.org/2020/FlyercourseoutlineforSWB12.html Below is the Course Outline of this seminar: Part I – Train Law Provisions Related [...]

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30 Sep

Special Risk Allowance for Private and Public Health Workers Under Bayanihan Act 2

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 [...]

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23 Sep

THIRTEENTH (13th) Month Pay and the Effects of ECQ and Maternity Leave

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 [...]

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10 Sep

DOLE Encourages Employers to Adopt Transactional Accounts in Payment of Wages and Monetary Benefits

DOLE or the Department of Labor and Employment issued Labor Advisory 26, Series of 2020 on August 3, 2020 in an effort to promote the use of transaction accounts as a preferred mode of payment of wages and other monetary benefits on account of its advantages in terms of safety, security, and financial inclusivity. Under said advisory, the employers are encouraged to communicate to employees the benefits of using transaction accounts for receiving wages and other remunerations. Assist employees in [...]

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08 Sep

Redundancy Due to Abolition of Position During COVID-19 Pandemic

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a position is redundant where it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as over hiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufacture or undertaken by the enterprise. (See page 221, [...]

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