26 Questions
What is an Alien Employment Permit (AEP)?
A document authorizing a foreign national to work in the Philippines.
Who is required to procure an AEP?
All foreign nationals intending to engage in gainful employment in the Philippines.
What does 'gainful employment' refer to?
A state creating an employer-employee relationship with the power to hire, dismiss, pay salaries, and control tasks of the foreign national.
Who are exempted from securing an AEP?
Diplomatic service members, foreign government officials, officers and staff of international organizations, and their spouses.
What does Article 117 of the Labor Code prohibit?
It prohibits any person to require or make any deduction from the wages of an employee for the benefit of the employer, representative, or intermediary.
Under what circumstances can an employer make deductions or require deposits from an employee?
An employer can make deductions or require deposits if there is a practice of reimbursement for loss or damage to tools, materials, or equipment supplied by the employer.
What is the purpose of the prohibition mentioned in Article 117 of the Labor Code?
To ensure that deductions are not made from an employee's wages as a condition for employment or the continuation of employment.
What does the Labor Code say about kickbacks?
The Labor Code prohibits kickbacks related to employment, ensuring fair practices in the workplace.
What is the consequence of violating Article 117 of the Labor Code?
Violation of Article 117 can lead to legal repercussions for the employer or representative who makes unauthorized deductions from employees' wages.
How is holiday pay computed for an employee who worked overtime during a regular holiday that falls on their rest day?
Hourly rate of the basic daily wage x 200% x 130% x 130% x number of hours worked
What additional pay is given to an employee who worked overtime during a special day that falls on their rest day?
30 percent of their hourly rate
Are employees on leave of absence with pay entitled to holiday pay?
Yes
What is the condition for employees on leave of absence without pay to be paid holiday pay for the regular holiday?
They must have worked on the regular holiday or the day immediately preceding it
How should employers treat employees on leave while receiving SSS or employee’s compensation benefits in terms of holiday pay?
Grant the same percentage of holiday pay as the benefit granted by competent authority
What is the computation for holiday pay for an employee who worked overtime during a regular holiday that falls on their rest day?
Hourly rate of the basic daily wage x 200% x 130% x 130% x number of hours worked
How is premium pay for special (non-working) days or special holidays computed if the employee did not work?
No work, no pay principle shall apply
What is the simplified computation for premium pay if work is rendered on an employee's regular workday?
Unworked - 100%, Worked - 1st 8 hours: 200%, Work in excess of 8 hours: 230%
How is premium pay computed if it is an employee's rest day?
Unworked - 100%, Worked - 1st 8 hours: 260%, Work in excess of 8 hours: Hourly rate + 30%
Who are specifically excluded from coverage in terms of labor laws?
Managerial employees
What is the frequency that wages should be paid according to the general rule?
Not less often than once every two weeks or twice a month at intervals not exceeding sixteen (16) days
What does Article 114 of the Labor Code prohibit employers from requiring workers to do?
Make a deposit from which deductions shall be made for the reimbursement of loss of tools, materials, or equipment supplied by the employer.
Under what circumstances are deductions from wages allowed according to the content?
When ordered by the court.
What does Article 116 of the Labor Code prohibit regarding wages?
Withholding any amount from the wages of a worker, whether directly or indirectly.
According to Article 1706 of the Civil Code, under what circumstances is withholding of wages allowed?
Only for a debt due.
What is the employer not allowed to do in relation to tools or other articles belonging to the laborer as per Article 1709 of the Civil Code?
Seize or retain them.
What specific deductions are permitted according to the Labor Code mentioned in the text?
Deductions for premiums for SSS, PhilHealth, employees’ compensation, and Pag-IBIG.
Study Notes
Prohibitions in Labor Laws
- It is prohibited to require deductions or deposits from employees to reimburse for loss or damage to tools, materials, or equipment supplied by the employer.
- Article 117 of the Labor Code prohibits requiring or making deductions from wages for the benefit of the employer or representative as consideration for employment or continuation of employment.
Alien Employment Permit (AEP)
- AEP is a document issued by the DOLE Secretary, authorizing a foreign national to work in the Philippines.
- All foreign nationals intending to engage in gainful employment in the Philippines must apply for AEP.
- Gainful employment refers to a state or condition that creates an employer-employee relationship.
Exemptions from AEP
- Members of the diplomatic service and foreign government officials accredited by the Philippine government with reciprocity arrangement.
- Officers and staff of international organizations with which the Philippine government is a member, and their legitimate spouses desiring to work in the Philippines.
Overtime Work and Holiday Pay
- If an employee works in excess of eight hours on a regular holiday, they shall be paid an additional 30% of their hourly rate on said day.
- If an employee works in excess of eight hours on a special day that falls on their rest day, they shall be paid an additional 30% of their hourly rate.
Effects of Absences on Holiday Pay
- Employees on leave of absence with pay are entitled to holiday pay.
- Employees on leave of absence without pay on the day preceding the regular holiday may not be paid the required holiday pay.
- Employees on leave while receiving SSS or employee's compensation benefits are entitled to a percentage of holiday pay equal to the benefit granted.
Premium Pay for Special (Non-Working) Days
- If the employee did not work, the "no work, no pay" principle applies, unless there is a fixed period.
- Worked on an employee's regular workday: 200% for the first 8 hours and plus 30% for work in excess of 8 hours.
- Worked on an employee's rest day: 100% for the first 8 hours and plus 30% for work in excess of 8 hours.
Managerial Employees
- Managerial employees are specifically excluded from labor law coverage.
- Managerial employees refer to those vested with powers or prerogatives to lay down and execute management policies or hire, transfer, suspend, lay-off, discharge, assign or discipline employees.
Wages and Deductions
- Wages should be paid not less often than once every two weeks or twice a month at intervals not exceeding sixteen days.
- Permissible deductions include reimbursement for loss or damage to tools, materials, or equipment supplied by the employer; agency fees from non-union members; premiums for SSS, PhilHealth, employees' compensation, and Pag-IBIG; and withholding tax under the National Internal Revenue Code (NIRC).
This quiz assesses the computation of overtime pay for employees who work in excess of eight hours during regular and special holidays that fall on their rest days. The calculation involves adding 30 percent of the employee's hourly rate on the respective day.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
