Night shift differential

 work between 10:00 PM and 6:00 AM

 not less than 10% of their regular wage for
each hour

Holiday premium
 regular daily wage for any unworked regular
holiday
 does not apply to the following employees:
o Government employees
o Retail and service establishments
regularly employing less than ten (10)
workers
o House helpers and persons in the
personal service of another
o Managerial employees provided they
meet the conditions under the Labor
Code
RFBT FINALS REVIEWER
o Officers or members of a managerial
LABOR LAW staff provided they meet the
conditions under the Labor Code
 rules for hiring and termination of private
o Field personnel and other employees
employees and the conditions of work
whose time and performance are
Labor standards unsupervised by the employer
 prescribes the minimum terms and  including those who are
conditions of employment which the engaged on task or contract
employer is required to grant to its basis, purely commission
employees. basis or those who are paid a
Labor relations fixed amount for performing
 concerned with employer-employee work irrespective of the time
relationship consumed in the performance
 termination of employment
COMPUTATION OF HOLIDAY PAY FOR REGULAR
 rights and duties of both parties in union HOLIDAYS
formation A. Regular workday
Normal Work Hours  If unworked – 100%
 must not exceed eight (8) hours a day  If worked –
 one rest day after every six consecutive o 1st 8 hours – 200% while the
workdays excess of 8 hours – plus 30% of
hourly rate on said day
Overtime premium B. Rest day
 additional compensation equivalent to an  If unworked – 100%
employee’s regular wage plus at least 25%  If worked –
 beyond 8 hours on a holiday or rest day o 1st 8 hours – plus 30% of 200%
o rate of the first 8 hours plus at least while excess of 8 hours – plus
30% 30% of hourly rate on said day
 Undertime work on a normal workday shall
not be offset by overtime work on any other COMPUTATION OF HOLIDAY PAY FOR SPECIAL
workday. NON- WORKING DAY
A. Regular workday
  If unworked –  live childbirth- additional maternity leave of
o No pay, unless there is a favorable thirty (30) days without pay
company policy, practice, or  miscarriage or emergency termination of
collective bargaining agreement pregnancy- 60 days with full pay
(CBA)
Paternity leave
 If worked –
 7 days with pay leave granted to a married
o 1st 8 hours – plus 30% of the daily
male employee
rate of 100% while excess of 8
hours – plus 30% of hourly rate on  may be able to avail of this leave for the first
said day four (4) deliveries or miscarriage of his
B. Rest day legitimate spouse with whom he is cohabiting
 If unworked – Leave for Victims of Violence Against Women and
o No pay, unless there is a favorable Their Children
company policy  leave of ten (10) days with full pay
 If worked
o 1st 8 hours – plus 50% of the daily Special Leave Benefits for Women
rate of 100% while excess of 8  two (2) months with full pay based on her
hours – plus 30% of hourly rate on gross monthly compensation
said day o undergone surgery due to
gynecological disorders
Special working holidays o She has rendered at least six (6)
- for work performed, an employee is entitled months continuous aggregate
only to his basic rate. No premium pay is required employment service for the last
since work performed on said days is considered twelve (12) months prior to surgery
work on ordinary working days. o non-cumulative and nonconvertible
13th months’ pay to cash
 mandatory salary bonus equivalent to an Separation Pay
employee’s one (1) month salary  One-Half (1/2) Month Pay per Year of Service
 must be given not later than December 24 o Retrenchment
every year o Closure or cessation
o suffering from a disease not curable
within a period of six (6) months
o Lack of service assignment of security
Service incentive leave
guard
 yearly service incentive of five (5) days with
o Lack of service assignment of a
pay
worker in a contracting or
 employees who have rendered at least one
subcontracting arrangement
(1) year of service is entitled
 One-Month Pay per Year of Service
 unused service incentive leave shall be
converted to cash Retirement Pay
 60 years until 65 years old
Maternity leave
 served the establishment for at least five
 paid at least three (3) monthly contributions
(5) years
in the twelve-month period immediately
 1/2-month salary for every year of service
preceding the semester of her birth to the SSS a fraction of at least six (6) months being
 105 days with full pay considered as one (1) whole year
 additional 15 days with full pay in case the
female employee qualifies as a solo parent
DATA PRIVACY ACT  established by an executive order or an act
 Consent shall be evidenced by written, of Congress to be kept classified
electronic or recorded means
 given on behalf of the data subject by an The processing of sensitive personal information
agent specifically authorized by the data and privileged information shall be prohibited,
subject to do so except:
 data subject has given his or her consent
General data privacy principles  provided for by existing laws and
a. Transparency regulations
 data subject must be aware of the nature,  necessary to protect the life and health
purpose, and extent of the processing of of the data subject or another person
his or her personal data  necessary to achieve the lawful and
b. Legitimate Purpose noncommercial objectives of public
 compatible with a declared and specified organizations and their associations
purpose which must not be contrary to  necessary for purposes of medical
law, morals, or public policy treatment
c. Proportionality
 necessary for the protection of lawful
 processing of information shall be rights and interests of natural or legal
adequate, relevant, suitable, necessary, persons
and not excessive in relation to a
declared and specified purpose A personal information controller may subcontract
Criteria for Lawful Processing of Personal the processing of personal information.
Information
a. data subject has given his or her consent RIGHTS OF THE DATA SUBJECT
b. processing of personal information is 1. Right to be informed
necessary and is related to the fulfillment of 2. Right to object
a contract with the data subject 3. Right to Access
c. processing is necessary for compliance with 4. Right to rectification - The data subject has
a legal obligation the right to dispute the inaccuracy or error
d. necessary to protect vitally important in the personal data and have the personal
interests information controller correct it immediately
e. necessary to respond to national emergency, and accordingly
to comply with the requirements of public 5. Right to Erasure or Blocking
order and safety 6. Right to damages
f. necessary for the purposes of the legitimate 7. Right to Data Portability. The right to obtain
interests pursued by the personal from the personal information controller a
information controller or by a third party or copy of such data in an electronic or
parties structured format

SENSITIVE PERSONAL INFORMATION E-COMMERCE ACT

 individual’s race, ethnic origin, marital status,  mandates all government agencies to, among
age, color, and religious, philosophical or others, transact government business and
political affiliations perform government functions using
 health, education, genetic or sexual life of a electronic data messages or electronic
person documents within two (2) years from the
 includes, but not limited to, social security date of effectivity of the Act
numbers, previous or cm-rent health records,  penalizes the offenses of hacking and piracy
licenses or its denials, suspension or  to promote the universal use of electronic
revocation, and tax returns
  transactions in the government and general  In any legal proceedings, nothing in the
 public. application of the rules on evidence shall
deny the admissibility of an electronic data
Electronic DATA MESSAGES message or electronic document in evidence
 information generated, sent, received or a. On the sole ground that it is in
stored by electronic, optical or similar electronic form
means, but not limited to, electronic data b. Claiming it is not in the standard
interchange (EDI), electronic mail, telegram, written form and electronic data
telex or telecopy
 Electronic data messages or electronic
documents shall have the legal effect,
validity or enforceability as any other
document or legal writing.

Electronic DOCUMENTS
 representation of information, data,
figures, symbols or other modes of written
expression, described or however
represented, by which a right is established,
or an obligation extinguished, or by which a
fact may be proved and affirmed, which is
received, recorded, transmitted, stored,
processed, retrieved or produced
electronically
 Where the law requires a document to be in
writing, that requirement is met by an
electronic document if the said electronic
document maintains its integrity and
reliability
o complete and unaltered
o reliable in the light of the purpose

Electronic SIGNATURES
 any distinctive mark, characteristic and/or
sound in electronic form, representing the
identity of a person and attached to or
logically associated with the electronic data
message or electronic document
 with the intention of authenticating or
approving an electronic data message or
electronic document
 An electronic signature on the electronic
document shall be equivalent to the
signature of a person on a written
document if that signature is proved by
showing that a prescribed procedure, not
alterable by the parties interested in the
electronic document