Workers Statutory Monetary Benefits PDF

WORKERS STATUTORY MONETARY BENEFITS  RTWPBs – REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARDS  Regional Wage Orders – prescribes minimum wage rate per industry per locality within the region and depending on the number of workers and capitalization of enterprises  Wage Orders – I...

WORKERS STATUTORY MONETARY BENEFITS  RTWPBs – REGIONAL TRIPARTITE WAGES AND PRODUCTIVITY BOARDS  Regional Wage Orders – prescribes minimum wage rate per industry per locality within the region and depending on the number of workers and capitalization of enterprises  Wage Orders – Its wage increase prescribe under Wage Order applies to all private sector workers and those receiving the daily minimum wage rates  Daily Minimum Wage – NCR = 500 – 537 pesos; Region IV A = 317 – 400 pesos (non-Agriculture)  Basis – The basis of the minimum wage rates = normal working hours of 8 hours a day  Batas Kasambahay – They have a rights and benefits for minimum wage; mandatory benefits; service incentive leave; 13th month pay; Coverage under SSS, Pag-IBIG, PhilHealth; Access to Education  BMBEs – Barangay Micro Business Enterprises; total asset of 3 million pesos shall exempt from the coverage of the Minimum Wage Law; provided that all employees are still entitled to the same benefits given to the regular employees (SSS and Healthcare benefits)  Negosyo Center in the City/Municipality – shall have the sole power to issue the Certificate of Authority for BMBEs  Minimum Wage for Workers Paid by Results – All workers paid by results shall not less than the prescribed minimum wage rates; for normal working which shall not exceed 8 hours a day  Minimum Wage of Apprentices and Learners – shall not be less than 75% of the applicable minimum wage rates  Persons with Disabilities – shall be subject to the same terms and conditions, benefits, and compensation as a qualified able-bodied person.  Income Tax of Minimum Wage Earners – below 250,000 pesos annual gross compensation shall be exempted from paying income taxes.  Holiday Pay – payment of the regular daily wage for any unworked regular holiday  Who are not covered for Holiday Pay: 1. Government Employees 2. Retail and service establishments regularly employing less than 10 workers 3. Kasambahay and in Personal service of another 4. Managerial employees 5. Officers or members of a managerial staff 6. Field personnel and other employees whose time and performance are unsupervised by the employer, including those who are engaged on  Regular Holidays – worked performed on holiday will receive 200% the daily wage of the employee (only 100% which is the initial minimum wage if not work on holidays)  If Two Holidays falls on the same day – For example, when Araw ng Kagitingan falls on the same day as Maundy Thursday, a covered employee is entitled to atleast 200% of daily wage even if unworked. Where the employee is required to work on that day, it is entitled to an additional 100% of the daily wage.  Successive Regular Holidays – if there are 2 successive regular holidays (e.g., maundy Thursday and good Friday), an employee may not be paid for both holidays if he/she absent from work on the day immediately preceding the first holiday. - if works on the first holiday, in which case he/she is entitled to holiday pay on the second holiday  Night Shift Differential – additional compensation of 10% of regular wage when work between 10pm to 6am  Computation of NSD  Ordinary day 100% or 1  Sunday or rest day 130% or 1.3  Special day 130% or 1.3  Special day falling on rest day150% or 1.5  Regular Holiday 200% or 2  Regular Holiday falling on rest day 260% or 2.6  Double holiday 300% or 3  Double holiday falling on rest day 390% or 3.9  Ordinary day, night shift 1 x 1.1 = 1.1 or 110%  Rest day, night shift 1.3 x 1.1 = 1.43 or 143%  Special day, night shift 1.3 x 1.1 = 1.43 or 143%  Special day, rest day, night shift 1.5 x 1.1 = 1.65 or 165%  Regular Holiday, night shift 2 x 1.1 = 2.2 or 220%  Regular Holiday, rest day, night shift 2.6 x 1.1 = 2.86 or 286%  Double holiday, night shift 3 x 1.1 = 3.3 or 330%  Double holiday, rest day, night shift 3.9 x 1.1 = 4.29 or 429%  Ordinary day, overtime (OT) 1 x 1.25 = 1.25 or 125%  Rest day, overtime 1.3 x 1.3 = 1.69 or 169%  Special day, overtime 1.3 x 1.3 = 1.69 or 169%  Special day, rest day, overtime 1.5 x 1.3 = 1.95 or 195%  Regular Holiday, overtime 2 x 1.3 = 2.6 or 260%  Regular Holiday, rest day, overtime 2.6 x 1.3 = 3.38 or 338%  Double holiday, overtime 3 x 1.3 = 3.9 or 390%  Double holiday, rest day, overtime 3.9 x 1.3= 5.07 or 507%  Ordinary day, night shift, overtime 1 x 1.1 x 1.25 = 1.375 or 137.5%  Rest day, night shift, overtime 1.3 x 1.1 x 1.3 = 1.859 or 185.9%  Service Charges  All establishments collecting service charges such as hotels, restaurants, and other similar establishments, including those entities operating primarily as private subsidiaries of the Government  The services charges collected shall be distributed and paid to the covered employees once every 2 weeks or twice a month at intervals not exceeding 16 days  Service Incentive Leave  An employee who has rendered atleast 1 year of service is entitled to Service Incentive Leave for 5 days with pay  Service Incentive Leave may be used for sick and vacation leave purposes.  The unused service incentive leave is commutable to its money equivalent at the end of the year  Maternity Leave  The maternity benefit shall be for 105 days with full pay, and additional 15 days with full pay in case the female employee is qualified as a solo parent.  In case of miscarriage or emergency termination of pregnancy, the maternity leave shall be for 60 days with full pay  In case of live childbirth, an additional maternity leave of 30 days without pay can be availed  Paternity Leave  Granted to all married male employees in the private sector  It shall be applied for the first 4 deliveries of the employee’s lawful wife  The purpose of this benefit is to lend support to his wife during her period of recovery  The paternity leave shall be 7 calendar days, with full pay  The usage of the leave shall be after the delivery  If the Paternity leave is not availed of, it shall not be convertible to cash  Parental Leave for Solo Parents  It is granted to any solo parent or individual who is left alone with the responsibility of parenthood due to the ff: 1. Giving birth as a result of rape 2. Death of spouse 3. Spouse is detained or serving sentence for a criminal conviction for atleast 1 year 4. Physical and/or mental incapacity of spouse as certified by a public medical practitioner 5. Legal separation from spouse for at least 1 year 6. Declaration of nullity or annulment of marriage 7. Abandonment of spouse for at least 1 year 8. Unmarried mother/father 9. Any other person who solely provides parental care and support to a child or children 10. Any family member who assumes the responsibility of head of family  The parental leave shall be 7 work days every year  It is non-convertible to cash when it is not availed  It will terminate its benefits when the parent claims that he/she is no longer left alone with the responsibility of parenthood  Leave for Violence Against Women and Children  Private sector women employees who are victims as defined in RA 9262 shall be entitled to the paid leave benefit under such terms and conditions  It shall cover the days that the woman employee has to attend to medical and legal concerns  The only requirement is to present to her employer a certification from the barangay chairman or barangay councilor or prosecutor or the Clerk of the Court  The victim-employee shall be entitled to a 10 day leave with full pay  Special Leave for Women  Any female employee is qualifying for this benefit for those who will undergo surgery relating to Gynecological Disorders  The employee is entitled to special leave benefit of 2 months with full pay  The special leave shall be granted to the qualified employee after she has undergone surgery  13th Month Pay  The 13th month pay shall not be less than 1/12 of the total basic salary earned  Total basic salary earned during the year/12 months = proportionate 13th month pay  The 13th month pay shall be paid not later than December 24th  Employees who are paid on piecework basis are entitled for 13th month pay  Paid with a fixed or guaranteed wage plus commission are entitled for 13th month pay  If the employee worked only for around 6 months or less than 12 months, they are still entitled for the 13th month pay and it is equal to 1/12 of the basic salary earned during that period up to the termination or resignation  Separation Pay  An employee is entitled to receive a separation pay equivalent to half month pay for every year of service, a fraction of 6 months being considered as 1 year.  If his/her separation from the service is due to any of the following authorized causes: 1. Retrenchment to prevent losses 2. Closure or cessation of operation of an establishment not due to serious losses of financial reverses 3. When the employee suffering from a disease not curable within a period of 6 months 4. Lack of service assignment of security guard for a continuous period of 6 months  Notice of Termination: 1 month before the intended date of termination of the employee due to the above authorized causes mentioned  If the reason of termination is just cause, the employee will not be entitled for a separation pay  Retirement Pay  Employees shall be retired upon reaching the age of 60 years old; 65 years old is considered as compulsory retirement age.  They are qualified for this benefit when they have served the establishment for atleast 5 years  The minimum retirement pay shall be equivalent to ½ month salary for every year of service  For Underground Mining Employees: 60 years old of compulsory retirement age; 50 years old retirement age and served atleast 5 years  Racehorse Jockeys: 55 years old of compulsory retirement who are duly licensed by the Philippine Racing Commission (PHILRACOM)  The Kasambahay and persons in the personal service of another are entitled to retirement benefit  Benefits Under the Employees’ Compensation Program  The benefits 1. Loss of income benefit – Due to his/her inability to work 2. Medical benefits – reimbursement of the cost for the illness or injury; the medical services are limited to ward services of an accredited hospital 3. Rehabilitation Services – includes physical therapy, vocational training and special assistance 4. Carer’s allowance – provided for the employee who suffers from a work-connected permanent partial and permanent total disability 5. Death and Funeral benefits – granted to beneficiaries of an employee in the event of work- connected death  Kinds of Disability 1. Temporary Total Disability – an employee who is unable to work for a continuous period not exceeding 120 days 2. Permanent Partial Disability – benefit which is given to a worker who loses a body part and consequently the loss of the use of that body part  3. Permanent Total Disability – Given if the employee’s inability to work lasts for more than 240 days. This can be claimed in the following cases a. Complete loss of sight of both eyes b. Loss of two limbs at or above the ankles or wrists c. Permanent and complete paralysis of two limbs d. Brain injury in incurable imbecility or insanity e. Such cases as determined by the SSS and approved by the Commission  Employees can claim only for work-connected sickness, injuries, or death  A claim must be filed within 3 years from a. In case of sickness – from the time the employee lost his earning capacity b. In case of injury – from the time it was sustained c. In case of death – from the time of death of the covered member  Obligations/responsibilities of Employers 1. Contribution to the State Insurance Fund – The employer shall contribute in behalf of his or her employees 2. Registration – Every employer shall be registered with GSIS/SSS by accomplishing the prescribed forms 3. Safety Devices – the employers shall comply with the health and safety laws in order to avoid work-related disabilities or death 4. Employer’s Logbook – shall keep the records chronologically the sickness, injury or death of their employees; shall be made within 5 days from notice or knowledge of the occurrence 5. Provision for Medical Services – medical services provided by the employer shall be maintained and continued to be enjoyed by their employees  PhilHealth  120 monthly premium contribution and retirement age = Lifetime member  SSS  Benefits for death, disability, sickness, maternity, retirement, and unemployment  Sickness Benefit: A daily cash allowance paid for the number of days a member is unable to work due to sickness or injury; granted up to a maximum of 120 days in a calendar year  Maternity Benefit: 105 days of benefit with full pay and additional 15 for solo parents;  Disability: For permanently disabled, either partial or total.  Months for permanent partial disability one thumb - 10 sight of one eye - 25 one big toe - 6 one index finger - 8 hearing of one ear - 10 one hand - 39 one middle finger - 6 hearing of both ears - 50 one arm - 50 one ring finger - 5 one foot - 31  one ear - 10 one little finger - 3 one leg - 46 both ears – 20  Permanent Total Disability 1. Complete loss of sight of both eyes; 2. Loss of two limbs at or above the ankle or wrists; 3. Permanent complete paralysis of two limbs; 4. Brain injury causing insanity; and 5. Other cases as determined and approved by the SSS and/or Commission  Disability Benefits 1. Monthly pension is pa id to a disabled member who has paid at least 36 monthly contributions to the SSS; or 2. Lump sum amount is granted to those with less than 36 monthly contributions.  Retirement: A cash benefit granted to the employee who are no longer working due to old age  A member who has paid atleast 120 monthly contributions to the SSS prior to the semester of retirement  Pag-IBIG  Employment shares on Monthly Contribution - 1,500 and below = for Employee is 1%; for Employer is 2% - Over 1,500 = for Employee is 2%; for Employer is 2%