CHRA Summarized Reviewer PDF

CHRASummarized Reviewer >Not later than dec 24 every year >1/12 of the basic salary of an employee within the calendar Labor Standard - Refer to the Philippine Law that provides the...

CHRASummarized Reviewer >Not later than dec 24 every year >1/12 of the basic salary of an employee within the calendar Labor Standard - Refer to the Philippine Law that provides the year (multiply your basic salary by the no. of months you have minimum requirements regarding work conditions, work hours, worked for the entire year then divide it by 12) wages, benefits, and other employment conditions that are being implemented by the management. Service Leave, Maternity Leave and Magna Carte for women PD 442, Art 95. Service Incentive Leave. Labor Relations - The goal of labor relations is to strike a >Every employee who has rendered at least 1 year id service proper balance between the protection of worker rights versus shall be entitled to a yearly service incentive leave of 5 days with the exercise of management prerogatives. By the employer in pay. accordance with law and to achieve industrial peace. R. A No. 9710, Sec. 18. Special Leave Benefits for Woman Section 3. Art. 13 - The state shall promote the full protection > A woman employee who rendered at least 6 months for the of labor, local and overseas, organized, and unorganized and last 12 months should be entitled promote full employment and equality of employment to a special leave benefit for 2 months with full pay based on her opportunities for all. (Guarantee the right of all workers to self- gross monthly compensation organization, they shall be entitled to security of tenure.) following surgery caused by gynecological disorders. Presidential Decree 442 Labor Code Paternity, Solo parent, VAWC Leave RA 8972: Solo parents Article 3. Declaration of Basic Policy - The state shall afford welfare act of 1996 Section 8. Parental Leave. 7 days leave protection of labor, promote full employment, ensure equal work every year for the solo parent who has rendered service of at opportunities regardless of sex, race, or creed. least 1 year Article. 4 Construction in favor of labor - All doubts in the RA No. 8187 Paternity Leave Act of 1996. Sec. 2. 7 days with implementation and interpretation of the provisions of this Code, full pay for the first four deliveries of a legitimate spouse. including its implementing rules and regulations, shall be resolved in favor of labor. RA 9262 Anti - violence against women and their children act 0f 2004. Sec. 43 Entitled to leave - paid leave absence up The four-fold test: to 10 days in addition to other paid leaves under Labor Code - Selection and engagement of the employee and Civil Service Rules - Payment of wages, - Power of dismissal RA No. 11210 Expanded Maternity Leave - Control test (most important element) if all of these are >105 paid leave for live birth present, there is an employer and employee relationship. >7 days leave transferable to the father (bukod pa to sa paternity leave) Min wage - Lowest amount of wage that an employer will pay >15 days additional paid leave for Solo parent under RA 9972 to an employee. (Floor by the employer and employee can >30 days add. Leave without pay negotiate to a much higher wage) >60 days paid leave by miscarriage, abortion >Exempted from paying min wages-distress establishment, new business enterprises, retail and service-not more than 10 Retirement Pay Art. 287. Any employee may be retired upon employees, establishment affected by natural calamity. reaching the retirement age established in the collective bargaining agreement or another applicable employment Overtime, Holiday, Premium, Night Shift, Differential pay - at contract. least 25% for overtime work rendered on a holiday or rest day > Retirement entitled to ½ month salary for every year of service, > If it is holiday and at the same time rest day of an a fraction of 6 months could employee it will be 50% be considered as one whole year. > Overtime is not presumed. > 60 y/o or 65y/o > Art. 93 COMPENSATION FOR REST DAY, SUNDAY, OR HOLIDAY Separation Pay Art 283. Closure of establishment and > Art. 86 Night Shift Differential, not less than 10% if u work reduction of personnel. between 10am to 6am >Written Notice to the department of labor and employment for > Art. 94 Right to holiday pay - Double pay or 200% if the at least 1 month. employee work on a holiday, 100% if not. >Separation pays to at least 1 month pay for every yr. of service, - Every worker shall be paid regular wage during regular holiday whichever is higher. except establishment with less than 10 employees >Exceptions: When the establishment is closed due to serious financial causes, or the company cannot recover. 13th Month pay and Bonus PD No. 851