Labor Standards

Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government.

Summary

▪ Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government.

▪ In order for a benefit to be considered as a labor standard, it is required that there be a legal basis for the granting of such benefit.

1. Concept

Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government.

Labor standards are also known as “General Labor Standards” or “Legally-Mandated Benefits.”

a. List of Labor Standards

Currently, these are the labor standards:

1) Minimum Wage

2) Holiday pay

3) Premium pay

4) Overtime pay

5) Night shift differential

6) Service charges

7) Service incentive leave

8) Maternity leave

9) Paternity leave

10) Parental leave

11) Leave for VAWC

12) Special leave for women

13) 13th month pay

14) Separation pay

15) Retirement pay

16) ECC benefits*

17) PhilHealth benefits*

18) SSS benefits*

19) Pag-IBIG benefits*

b. Legal basis

In order for a benefit to be considered as a labor standard, it is required that there be a legal basis for the granting of such benefit.

To illustrate:

2. Compliance Guide

Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government.

a. Non-agricultural establishments

* will be paid by the Government

** employed not more than 10 workers

See: 2022 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits

b. Retail and service establishments

* will be paid by the Government

** employed not more than 10 workers

See: 2022 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits

References

⦁ Presidential Decree No. 442, a.k.a. Labor Code of the Philippines

⦁ Book IIII, Omnibus Rules Implementing the Labor Code

⦁ 2022 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits

⦁ Cited Labor Law Jurisprudence (a.k.a. Supreme Court Decisions)

Related

⦁ Holiday pay

⦁ Night shift differential pay

⦁ Premium pay

⦁ Retirement pay (private sector)

⦁ Retirement pay (Government service)

Additional Resources

⦁ Law Mentoring Center

⦁ Department of Labor and Employment (DOLE)

⦁ DOLE – Bureau of Working Conditions

⦁ Official Gazette of the Republic of the Philippines