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Atty. Lester Ople

General Labor Standards and Flexible Work

Arrangements

March 27, 2020 Friday, 11am - 12pm

WHAT HAPPENS TO LABOR

STANDARDS COMPLIANCE

DURING FLEXIBLE WORK

ARRANGEMENTS?

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Sprout HR + Legal Expert Webinar

Refresher: Available FWAs under LA 09-20201. Reduction of Work Hours/Days - one where normal work hours or work days are

reduced (Use code “RW”)

2. Rotation of Employees - one where employees are rotated or alternately provided work in the week (Use code “RE”)

3. Forced Leave - one where workers are required to use their paid leaves if available, so as to avoid reporting to work (Use code “FL”)

4. Work from Home - one where work is delivered in full but not on company premises (Use code “OTH - Work From Home”)

* Temporary Closure

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Reminder: Exclusions to Labor Standards

1. Government employees

2. Retail and service establishments regularly employing less than 10 workers

3. Kasambahay

4. Managerial employees

5. Field Personnel

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General Labor Standards x FWAFWA RW RE FL WFH Temp.

Closure GLS

Holiday Pay

Premium Pay

Night Shift Differential

Overtime

Service Charge

Statutory Leaves(ML, PL, etc)

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Holiday Pay○ Payment of regular daily wage during regular holidays ○ Applicable to RW, RE, WFH ○ Heads up:

■ April 9 – Maundy Thursday AND Araw ng Kagitingan ■ April 10 – Good Friday ■ April 11 – Black Saturday

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Holiday PayFor April 9 – STANDBY for DOLE Advisory;

ASSUMING there is no DOLE Advisory

regarding pay, treat as usual double holiday

(e.g. 200% if unworked, 300% if worked)

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Premium Pay○ Additional compensation for work performed

within 8 hours on non-work days (RD and

Special Holidays)

○ Applicable to RE, RW, WFH

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Night Shift Differential○ Refers to additional compensation of 10% of an

employee’s regular wage for each hour of work

rendered between 10:00 PM and 6:00 AM

○ Applicable to RE, RW, WFH

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Overtime Pay○ Additional compensation for work in excess of 8

hours

○ Applicable to RE, RW*, WFH*

○ Note that generally, before overtime is rendered,

management approval is required

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Service Charge○ R.A. No. 11360 and DOLE DO No. 206 require

that 100% of service charges shall be distributed to covered employees not less than once every 2 weeks or at intervals not to exceed 16 days

○ Covered employees – all employees except managerial employees

○ If the establishment still charges SC, distribute as regular

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Statutory LeavesMaternity Leave � 105 days with full pay, +15 days if solo parent

� 60 days if miscarriage� Optional 30 days unpaid � Note that up to 7 days may be transferred to the child’s father or alternate

caregiver

Section 5 of IRR, R.A. No. 11210 – right to ML accrues if termination of employment occurs not more than 15 days after termination of service(105 days with full pay +15 days with full pay if Solo Parent; 60 days if miscarriage; plus 30 days unpaid leave)

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Statutory LeavesPaternity Leave Applicable only to the first 4 deliveries of the legitimate spouse

7 calendar days with full pay

Solo Parent Leave Seven work days every year At least one year of service with Solo Parent ID

VAWC Leave 10 days with full pay Certification from Brgy. Chairman, Prosecutor, or Clerk of Court

Magna Carta Leave Max. 2 months with full pay on account of gynecological surgery At least 6 months of service for the last 12 months prior to surgery

All laws, including General Labor Standards, are in force and effect

even during the ECQ● Comply with LA 09-2020 (FWA)

● Comply with GLS applicable to your employees

● Keep communication lines with your employees open

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#OutbreakToBreakthrough #BusinessAsUsualWithSprout

#BAUwithSprout#HomeBoundWithSprout

#COVID-19

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general labor standards arrangements › wp-content › uploads › 2020 › 04 › sprout-hr-legal...

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