My
previous HR Manager once said in a seminar she conducted months ago that "
we (The Employees) should give up our rights for the company". Do you think it is right for an HR Manager to said that line to their Employees?
A friend of mind said that an HR Manager should not said anything like that,
a sane and true HR Manager should tell their employees about what are their rights; this are their rights and they should fight for their rights. Hmmm... if your HR manager will tell you to give-up your rights for the company, I guess you better get your ass out in that company because
your rights as an employee is not a serious matter to them.
Anyway, I wanted to point some sections of the Labor Code of the Philippines below. These are just some of the employees' rights that hasn't been followed by my previous HR and Employer. There are more violations they committed, like not requiring the employees on having a
withholding Tax on BIR - Bureau of Internal Revenue (an income tax withheld from employees' wages and paid directly to the government by the employer),
SSS contributions which until now is not yet reflected on my SSS account,
PhilHealth contributions where some employees has been deducted from their salary to think they don't have PhilHealth membership yet, not just that but there are a lot more violations to the rights of their employees.
What about their
business license? I just hope they can figure things out, so in the future they won't face difficulties with their employees and with the government agencies. Imagine more than 50 employees working on that scenario?
Chapter III
PAYMENT OF WAGES
Art. 102. Forms of payment. No employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by the employee.
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.
Art. 103. Time of payment. Wages
shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. If on account of force majeure or circumstances beyond the employer’s control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.
The payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award:
- That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed;
- That final settlement is made upon completion of the work.
Chapter III
HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES
Art. 94. Right to holiday pay. - Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers;
- The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and
- As used in this Article, "holiday" includes: New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day designated by law for holding a general election.
(That means whether outsource or not they are entitled for the right to holiday pay)
Art. 95. Right to service incentive leave. - Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.
- This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.
- The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.
Who are entitled to 13th month pay?
All employers are required to pay their rank and file employees regardless of the nature of their employment and irrespective of the method by which their wages are paid provided they worked for at least one (1) month during the calendar year. (P.D. No. 851)
When should 13th month pay be paid?
The required 13th month pay shall be paid not later than December 24 of each year. (P.D. No. 851)
Computing 13th Month Pay:
Total basic salary earned for the year exclusive of overtime, holiday, and night shift differential pay divided by 12 = 13th month pay.
Computing Night Shift Premium Where Night Shift is a Regular Work:
On Ordinary day (110% x basic hourly rate)
On a rest day, special day, regular holiday (110% of regular hourly rate for a rest day, special day, regular holiday)
Computing pay for work done on:
A special day (130% x basic pay)
A special day, which is also a scheduled rest day (150% x basic pay)
A regular holiday (200% x basic pay)
A regular holiday, which is also a scheduled rest day (260% x basic pay)
