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FAQ: Night shift differential pay

The following are the most frequently asked questions and their answers. 1) What is the difference between night shift differential pay and night shift pay?

Waiver of holiday pay – Video

Is it possible and legal to waive holiday pay? Let’s discuss.

Counting 30-day Render for Resignation

How do you count the 30 days for purposes of resignation? Let’s discuss.

Labor Standards

Cases: Holiday pay

1. Covered and excluded Clientlogic Philippines, Inc. v. Castro G.R. No. 186070, 11 April 2011 [RESOLUTION] [The employers] argue in the main that, as a

Overtime Pay

Overtime pay is an additional pay provided to a covered employee who has rendered overtime work.

Solo parent leave benefits are leave credits extended to covered employees who are solo parents, and who may want to use them whenever they take a leave from work to perform parental duties, so that they remain paid during such absence from work.

Due Process

Exemplary damages

Summary ▪ Exemplary damages may be awarded if the dismissal was effected in a wanton, oppressive or malevolent manner. ▪ If moral damages is awarded,

Schemes Adopted during Period of Economic Difficulties Report

Summary Employers adopting flexible work arrangements, including schemes adopted during period of economic difficulties, are required to submit a report to DOLE. Applicable laws, regulations

Private Security

Contractor or Subcontractor

Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job

SSC/PSA Service Agreements, Private Security

1. Concept Service Agreement – refers to the contract between the principal and the Security Service Contractor / Private Security Agency (SSC/PSA) containing the terms

Employment terms and conditions, Private Security

1. Employer-employee relationship The Security Service Contractor / Private Security Agency (SSC/PSA) is the employer of its security guards and other private security personnel on

Duty detail order, Private Security

1. Concept Duty Detail Order – refers to a written order/schedule/assignment issued to a security guard and other private security personnel by a superior officer,

DO-174 Contracting

Contractor or Subcontractor

Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job

Control in Contracting

Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the

DO-174 Semi-Annual Reports

Summary DO-174 contractors are required to submit twice a year a report to DOLE. Applicable laws, regulations DOLE Department Order No. 174, Series of 2017

Job Contracting and Subcontracting

Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed

Overseas Employment

Cases: Sea-based workers, seafarers, mariners, ocean-going OFWs

1. POEA – Standard Employment Contract a. Mandatory 3-day medical examination with company-designated physician Malicdem v. Asia Bulk Transport Phils., Inc. G.R. No. 224753, 19

Cases: OFWs dismissed from work

1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas

Overseas Filipino Workers (OFWs)

1. Concept “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated

Ban on direct-hiring for overseas employment 101

Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions. ⦁ If not falling under

Management Prerogative