1. What is the right to a weekly rest day?

2. Why do you think does the LC in such a situation gives a rest day?
3. How many days are they in a week?
4. So if you have a 6-day work week, you are entitled to a rest day?
5. So if you have a work week in an establishment is less than 6 days, the worker is not entitled to a rest day? Yes.
6. Why is it that if the work week is less than 6 days a week, the employer is not required to give you a rest day?
7. If you have a 5-day work week, are the 2 days rest days or just days of rest? Days of rest.
8. If the employer in a 5-day work week will be made to work on the 6th day, will the employee be paid additional
compensation, or just the daily wage? Just the daily wage.
9. If they will further be required to work for the 7th day, will they get additional compensation? Yes.
10. Why? The employee already worked for 6 consecutive days.
11. What is the additional compensation if you are made to work on your rest day? Premium pay. Plus 30% of the
basic wage.
12. Is there a difference between overtime pay and premium pay?
13. Is there a similarity between overtime pay and premium pay?
14. Where lies the difference?
15. What are the pay rates if the worker is made to work on a rest day, overtime and holidays?
16. How are holidays classified in the LC? Regular or special.
17. How many regular holidays do we have on the LC? Twelve.
18. How many muslim holidays out of the 12 regular holidays? Two.
19. If the employee is made to work on a regular holiday, how much does he get paid? 200%
20. Is that 200% found on the LC? Yes. Article 94(b).
21. Who is the government official authorized to fix the holidays in the Philippines? the President.
22. Under what law does the President derive the power to authorize the holidays in the Philippines? 77.
23. If an employee does not work on a special holiday, does he get paid? No.
24. If an employee does not work on a regular holiday, does he get paid and how much? Yes. 100% of his basic
wage.
25. What do we call that pay? Holiday pay.
26. If the employee is required to work on a special holiday, does he get paid? Yes. 130% of his basic wage.
27. What is the additional 30% of the pay called? Premium pay. (You only call it a holiday pay if it is a regular holiday).
28. If the worker is made to work on a regular holiday, how much does he get paid? 200% of his basic wage.
29. What does the first 100% represent? Daily wage.
30. What does the second 200% represent? Holiday pay.
31. If a regular holiday falls on the employees scheduled rest day, and he does not work, how much does he get paid?
100% of his basic wage (holiday pay).
32. If the worker is made to work on a regular holiday and it falls on his rest day, how much does he get paid? 230%.
33. Are there establishments exempted from the coverage of the holiday pay law? Yes. Retail and service
establishments employing less than 10 workers.
34. Why do you think are they exempted from paying holiday pay?
35. What is the night shift differential pay? How much is the night shift differential pay? not less than 10% of the
basic pay.
36. In so far as the LC is concerned, is that considered as night time? Yes.
37. Doesnt the law prohibit work during night time? Generally, no.
38. What are the exceptions? (1) children who are working under 15 years old (cannot work 8pm-6am), (2)
15 years old 18 years old (cannot work 10pm-6am)
39. If you require a 17 year old to work on those hours, is there a liability on the part of the employer? Yes. You will be
liable under the law against child labor.
40. Why is this prohibited? It is unsafe for the child.
41. Women who work in the bar, who promote drinks, etc, are they entitled to night shift differential? Yes.
42. Night shifts are also called graveyard shifts, why? Because during the old times, people are buried at night
(ambot daw unsa ni ka-tinuod hahahaha)
43. What about service incentive leave, what is that labor standard? It is a leave benefit with pay granted to
employees who have rendered service for at least one year.
44. It is equivalent to how much leave with pay? - 5 days (per year).
45. Does the law specify for what purpose should the service incentive leave be used? No. The worker can use it for
whatever he likes.
46. So you can use it for any purpose? Yes. (vacation, wedding, if you are sick, funerals.etc)
47. If you are unable to use the service incentive leave, what happens to it? It is commutable to its money
equivalent.
48. Its payable by the employer when? At the end of the year.
49. What is service charge, is it a labor standard benefit? Yes.
50. What about service incentive leave, what is that labor standard? It is a leave benefit with pay granted to
employees who have rendered service for at least one year.
51. It is equivalent to how much leave with pay? - 5 days (per year).
52. Does the law specify for what purpose should the service incentive leave be used? No. The worker can use it for
whatever he likes.
53. So you can use it for any purpose? Yes. (vacation, wedding, if you are sick, funerals.etc)
54. If you are unable to use the service incentive leave, what happens to it? It is commutable to its money
equivalent.
55. Its payable by the employer when? At the end of the year.
56. What is service charge, is it a labor standard benefit? Yes. It is the additional amount collected from the
customers. 85% of this amount will go to the employees and 15% will go to the management.
57. How will they divide this 85%? equally among themselves.
58. What is the purpose of the 15% that will go to the management? to answer for loses or breakages in the
establishment. (Instead for asking the employees to pay for the breakages and loses, they can just get it from the
service charge.)
59. What are loses and what are breakages?
60. Does the LC require the employer to collect service charge? No. (Establishments may or may not collect. If it collects,
then then workers are entitled to their share. If the employer does not give his employees their due, he can be sued
for simple money claims.)