Category Archives: HR and Labor

Summary of the 105-Day Expanded Maternity Leave Law

The “105-Day Expanded Maternity Leave Law” is not yet a law, even if the bicameral report has been ratified by both houses of Congress. It has to be signed by the President (or lapse into law) and the President has the power to veto certain provisions. Nevertheless, let us summarize what we know so far of the version ratified by the Senate and the House of Representatives. Continue reading

Primer on Wage Order No. NCR-19 (15-Peso Increase in Minimum Wage)

The Regional Tripartite Wages and Productivity Board-NCR (RTWPB-NCR) has approved Wage Order No. NCR-19 (full text), providing that all private sector minimum wage workers and employees in the National Capital Region (NCR) shall receive an increase in the existing Basic Wage in the amount of FIFTEEN PESOS (P15.00) per day. The new daily minimum wage rates of covered workers in the private sector in the NCR are as follows: Continue reading

The System of Fixing the Minimum Wage in the Philippines

Calls for the increase of minimum wages have surfaced with the constant increase of oil prices. This increase in the prices of gasoline and diesel almost always have the effect of raising all prices of goods and commodities. How is minimum wage fixed? What is the process in fixing the minimum wage? Let’s have a brief discussion on minimum wage determination. Continue reading

P15 Minimum Wage Hike for NCR (Wage Order No. NCR-19, full text)

A 15-peso increase minimum wage was approved by the Regional Tripartite Wages and Productivity Board-National Capital Region (RTWPB-NCR) and announced by Department of Labor and Employment (DOLE) Secretary Rosalinda Dimapilis-Baldoz. “The new minimum wage in the National Capital Region has been raised to P481 for workers in the non-agriculture sector and P444 for workers in the agricultural sector. The minimum wage hike is expected to be affirmed by the NWPC this week, and the RTWPB will publish it, after which it will take effect 15 days after its publication,” DOLE-NCR Regional Director Alex Avila said in a report. This issuance is Wage Order No. NCR-19, reproduced in full below (see also Primer on Wage Order NCR-19). Continue reading

Increase of Tax Exclusion to P82,000 for 13th Month Pay and Other Benefits (BIR Revenue Regulations No. 3-2015; Full Text)

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FINANCE
BUREAU OF INTERNAL REVUENUE
Quezon City

March 9, 2015

REVENUE REGULATIONS NO. 3-2015

SUBJECT: Implementing the Provisions of Republic Act No. 10653, More Particularly on the Increase of the Total Amount of Exclusion to P82,000.oo for 13th Month Pay and Other Benefits from Gross Income Effectively Further Amending the Pertinent Provisions of Revenue Regulations No. 2-98 Continue reading

Due Process in Termination and Disciplinary Actions; Minimum Period for Reply to Show-Cause Notice

Practitioners in the field of labor or Human Resources (HR), as well as managers and executive officers of companies, are aware that an employee may only be dismissed for cause. Disciplinary actions, including dismissal from work, must comply with both substantive and procedural due process. Substantive due process requires a valid cause for the dismissal. For procedural due process, outlined below, an interesting question is this: is there a minimum period that must be given to the employee to answer the show-cause notice? Continue reading

New Law Increasing the Exemption for 13th Month Pay and Other Benefits (Republic Act 10653)

Republic of the Philippines
Congress of the Philippines
Metro Manila

REPUBLIC ACT NO. 10653

AN ACT ADJUSTING THE 13TH MONTH PAY AND OTHER BENEFITS CEILING EXCLUDED FROM THE COMPUTATION OF GROSS INCOME FOR PURPOSES OF INCOME TAXATION, AMENDING FOR THE PURPOSE SECTION 32(B), CHAPTER VI OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED

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Employment of Night Workers: A Primer

Congress recently passed Republic Act No. 10151, signed into law by President Benigno Aquino on 21 June 2011, allowing the employment of night workers, including women. Here’s a primer on the Employment of Night Workers. Continue reading