KNOW THE BASICS OF LABOR LAW

-Atty. Rodave Rueda

Public Attorney II, Macabebe District Office
•  HOURS OF WORK (OVERTIME,
NIGHT DIFFERENTIAL, ETC.)

•  COMPENSATION (WAGE / SALARY)

•  LEAVES

•  TYPES OF EMPLOYMENT

•  TERMINATION OF EMPLOYMENT

•  CIVIL SERVICE EXAM (exemptions)

 WORK HOURS!
•  Normal work hours should
NOT exceed 8 hrs. unless
there is a valid CWW
agreement.

•  COMPRESSED WORK
WEEK (CWW)-alternative
arrangement whereby the
normal workweek is reduced
to less than six (6) days but
but the total number of
normal hours per week
remains at 48 hrs.
 COMPENSATION
•  MINIMUM WAGE

•  OVERTIME/NIGHT SHIFT
DIFFERENTIAL

•  REGULAR / SPECIAL
HOLIDAYS / REST DAY

•  LEAVES

•  13th MONTH PAY AND

BONUS
•  OVERTIME- additional
compensation for work performed
beyond eight (8) hours within the
worker’s 24-hour workday
regardless whether the work
covers two (2) calendar days.

•  REASON: The employee is given

OT pay because he is made to work
longer than what is commensurate
with his agreed compensation for
the statutorily fixed or voluntarily
agreed hours of labor he is
supposed to do. (PNB vs. PEMA
G.R. L-30279, July 30 1982)
•  “EXEMPT EMPLOYEES”-
NOT entitled to OT pay.

•  government employees;

•  managerial employees and officers/

members of the managerial staff;

•  field personnel;

•  members of the family of the

employer who are dependent on him
for support;

•  domestic helpers and persons in the

personal service of another; and

•  employees who are paid by results as

determined by Sec. of DOLE.
 OVERTIME RATES
•  ON REGULAR WORK DAY

•  Regular wage + at least 25%

•  ON SPECIAL HOLIDAY or REST DAY

•  Rate of the first 8 hrs. on that day + at least 30%

*Eid’l Adha & Eid’l Fitr
will be issued after
the dates of Islamic
holidays. !
!
•  REGULAR HOLIDAYS
•  If worked: double pay
•  If unworked: still paid
•  SPECIAL HOLIDAY
•  If unworked: NOT paid
•  If worked: 130% of regular pay
•  REST DAY
•  If worked: regular wage + 30%
•  For employees working on Sunday, + 30% if Sunday happens to be
his REST DAY.
 NIGHT SHIFT DIFFERENTIAL

•  additional compensation of not less

than 10% of an employee’s regular
wage for every hour of work done
between 10:00 PM and 6:00 AM,
WON such period is part of the
worker’s regular shift.

•  REASON: NSD is given as a

premium for working at a time when
the employee is supposed to sleep
and rest in accordance with the law
of nature.
 LEAVES
•  VACATION / SICK LEAVE

•  SERVICE INCENTIVE LEAVE

•  MATERNITY/PATERNITY
LEAVE

•  LEAVE DUE TO DOMESTIC

VIOLENCE

•  LEAVE DUE TO
GYNECOLOGICAL
DISORDERS
 VACATION /
SICK LEAVE
-intended to afford a laborer a
chance to get a much needed rest to
replenish his worn out energies and
acquire new vitality to enable him
to efficiently perform his duties and
not merely to give him additional
salary.

-voluntary grant (# of days-
varies)
 SERVICE INCENTIVE
LEAVE
•  who has rendered at least 1 year of service is entitled to 5
days SIL.

•  intended to alleviate the economic condition of the workers

for it acts as replacement for regular income that would not
be earned during such instance.

•  mandatory, legally required (LABOR CODE, Sec. 95)

 MATERNITY LEAVE
•  (whether married or not)

•  GOVERNMENT: (worked for at least

2 years)

•  60 days paid ML

•  PRIVATE SECTORS: (3 monthly

SSS contributions at least 12 months
before giving birth)

•  60 days for normal delivery, abortion

or miscarriage

•  78 days for cesarean delivery

 PATERNITY
LEAVE
-Every MARRIED male
employee in the private sector
shall be entitled to paternity leave
benefits of 7 days with full pay
for the 1st four deliveries by his
LAWFUL spouse.
 LEAVE DUE TO
DOMESTIC
VIOLENCE

•  victims of violence against

women and children who is
employed is entitled to paid
leaves up to 10 days
(extendible when necessity
arises).
 SPECIAL LEAVE for
WOMEN (RA 9710)
•  Women employees who
have rendered continuous
employment service of at
least 6 months for the last
12 months entitled to 2
months with full pay
following surgery caused
by gynecological
disorders.
DEDUCTIONS
TYPES OF EMPLOYEES
 REGULAR
EMPLOYEES
-engaged to perform activities
that are usually necessary or
desirable in the usual business or
trade of the employer.

-Employer can require
PROBATIONARY PERIOD for
max of 6 months.
PROBATIONARY
EMPLOYEE
where an employee, upon his
engagement is made to undergo a
trial period during which the
employer determines his fitness to
qualify for regular employment
based on reasonable standards
made known to him at the time of
his engagement.
 PROJECT
EMPLOYEES
-when the period of
employment has been fixed
for a specific undertaking,
the completion of which has
been determined at the time
of the engagement of the
employee
 CASUAL EMPLOYEE
Where an employee is engaged to perform a job, work or service which
is merely incidental to the business of the employer and such job, work
or service is for a definite period made known to the employee at the
time of engagement.

The Labor Code also considers as regular employment a casual

arrangement when the casual employee’s engagement has lasted for at
least one year, regardless of the engagement’s continuity. The
controlling test in this arrangement is the length of time during which
the employee is engaged. (See Universal Robina v. Acibo, G.R. No.
186439, 15 January 2014)
 SEASONAL
EMPLOYEE
-is an employment arrangement
where an employee is engaged to
work during a particular season on an
activity that is usually necessary or
desirable in the usual business or
trade of the employer.

During off-season, the relationship of

the employer and employee is NOT
SEVERED; the seasonal employee is
merely considered ON LEAVE
WITHOUT PAY.
 TEMPORARY or FIXED
PERIOD EMPLOYMENT
•  is an employment where an employee is
engaged to work on a specific project or
undertaking which is usually necessary or
desirable in the usual business or trade of the
employer, the completion of which has been
determined at the time of engagement of the
employee.
TERMINATION OF
EMPLOYMENT
 JUST CAUSES
FOR
DISMISSAL
•  Serious Misconduct
•  Wilful Disobedience or
Insubordination
•  Gross and Habitual
Negligence of Duties
•  Fraud or Wilful Breach
of Trust
AUTHORIZED CAUSES
1 Installation of labor-saving devices;
2 Redundancy;
3 Retrenchment to prevent losses;
4 Closure or cessation of business; and
5 Disease not curable within six months as certified by
competent public authority, and continued employment of
the employee is prejudicial to his or her health or to the
health of his or her co-employees.
 TWIN NOTICE RULE
2 WRITTEN NOTICES:

Pre-Notice- specifying the material dates and acts committed
by him which may constitute as ground/s for termination.

Post-Notice- a written notice of termination served on the
employee indicating that upon due consideration of all the
circumstances, grounds have been established to justify his
termination.
 CIVIL SERVICE EXAMS
EXEMPTIONS
1. BAR AND BOARD EXAM PASSERS
R.A 1080: passers of bar and board exams which are conducted by the
Supreme Court and Licensure Board Exams conducted by the Professional
Regulation Commission (PRC) are already exempted from taking the CSE.

2. BARANGAY HEALTH WORKERS
Pursuant to the R.A 7883, a Barangay Health Worker with at least two (2)
years in college education leading to a college degree and five (5) years of
active and satisfactory service in his field are granted eligibility and
exemption in taking the CSE.
3. BARANGAY OFFICIALS
• Barangay Captain
• Sangguniang Barangay Members
• Sangguniang Kabataan Chairmen
• Barangay Treasurers
• Barangay Secretaries
->R.A 7160 ( Local Government Code of 1991).

4. BARANGAY NUTRITION SCHOLARS
Pursuant to the Presidential Decree No. 1569, Barangay Nutrition Scholars shall be
granted to Barangay-based volunteers who have at least 2 years of active and good
nutrition services and other health-related activities.

5. BARANGAY NUTRITION SCHOLARS
Pursuant to the Presidential Decree No. 1569, Barangay Nutrition Scholars
shall be granted to Barangay-based volunteers who have at least 2 years of
active and good nutrition services and other health-related activities.
6. FOREIGN SCHOOL HONOR GRADUATE
Pursuant to CSC Resolution No. 1302714 dated December 17, 2013, graduates
who are Summa Cum Laude, Magna Cum Laude, Cum Laude or its equivalent
in the baccalaureate degree beginning school year 1972-1973.

7. HONOR GRADUATES
Dating back from March 11, 1976 which marks the pursuant to Presidential
Decree No. 907, those who graduated Cum Laude, Magna Cum Laude, or
Summa Cum Laude in their baccalaureate degree, regardless of the number of
years of completion both for Private HEIs with bachelor’s degree recognized by
CHED, are eligible.

8. SANGGUNIAN MEMBERS
In accordance with CSC Resolution No. 1300486 pursuant to R.A No. 10156,
members of Sangguniang Bayan, Sangguniang Panlungsod, and Sangguniang
Panlalawigan obtains eligibility. These also includes the Vice Mayor, Vice
Governor, and regular members of Sanggunian.
9. SCIENTIFIC AND TECHONOLOGICAL SPECIALISTS
Pursuant to Presidential Decree No. 997 entitled “Conferring Civil Service Eligibilities on
Scientific and Technological Specialists on the Bases of Their Qualifications and the
Requirements of Public Service” are granted with STSE provided that additional requirements
are met.
Natural Sciences 
• Astronomy – Astrophysics
• Biological Sciences – Biology (S & T), Microbiology, Botany, Molecular Biology and
Biotechnology , Ecology,  Physical Anthropology, Marine Biology and Zoology
• Geological Sciences – Archeology, Geophysics, Paleontology, Seismology
• Meteorology
• Oceanography
• Physics/Applied Physics
Engineering Sciences 
• Biological Engineering, Manufacturing Engineering, Ceramic Engineering, Materials
Engineering, Computer Engineering, Mechatronics Engineering, Food Engineering,
Petroleum Engineering, Geothermal Engineering, Railway Engineering, Industrial
Engineering, Textile Engineering, Nuclear Engineering
Mathematics and Information and Communication Technology 
• Applied Mathematics, Computer Science, Information Technology, Pure Mathematics,
Statistics
• Environmental Science, Food Science
10. SKILLS ELIGIBILITY
Pursuant to CSC MC No. 11, s. 1996, positions which are not
measurable by written test will be granted CSC eligibility. These
include: plant electricians, automotive mechanics, heavy equipment
operator, laboratory technician, carpenter, draftsman, shrine curator,
plumber, and others.

11. VETERANS PREFERENCE RATING
Pursuant to Executive Order (EO) No. 132, s. 1948 and EO No. 790
dated April 3, 1982, the veteran himself/herself or spouse and
children shall be given Civil Service Eligibility.
-END-!