The holiday season is upon us, and people are starting their Christmas shopping already. Many people who are employed by a private company collect their bonuses first before splurging on gifts and other holiday expenses.
Meanwhile, employer must make sure that they can properly determine the holiday pay and benefits they’ll be giving to their employees. After all, their workers deserve to get paid fairly for the labor they provided.
This is where a labor and employment lawyer comes in. By having one, an employer can consult them when drafting a contract or manual that covers all the sections about labor and employment law enforced by the government.
What is Labor Law?
The Labor Code Law of the Philippines was enacted on Labor Day of 1974 and is currently implemented by the Department of Labor and Employment. It determines the set of rules an employer should strictly follow when hiring, managing, and terminating employees. Some of those are:
• Maximum Work Hours
• Break Times
• Night Shift Differential
• Holiday and 13th-Month Pay
• Retirement Pay
This law contain several provisions that keep employers from implementing unjust work regulations. It also protects laborers from being wrongfully terminated and provides them with the benefit they should get in exchange for their work.
How Does a Labor Lawyer Help You Understand Employment Holiday Benefits?
Although having an employment lawyer is not required by the government, it is important that you have one when legal processes are being done.
Furthermore, it is beneficial when you want to have a deeper understanding of employment holiday benefits. It’s true that reading books and articles about them helps, but when serious matters emerge, it is better to consult someone who offers extensive labor and employment law services.
A labor lawyer can expound on the ins and outs of labor and employment law, especially the employment holiday benefits. They can give you a list of people who are entitled to receive holiday pay and benefits. Explaining the payment rules during special, regular, and special non-working holidays is also one of the services they will give once you hire one. Moreover, they can determine the double pay compensations you have to provide when your employees work on holidays.
These are just some of the many ways a labor law attorney can help you. So, if you’re thinking of why you should hire one, take this as a sign and consult with a dependable law firm like Yap Kung Ching & Associates Law Office.
What Sections of Employment Contracts Should You Discuss With Your Employment Attorney?
Discussing certain contract sections with an employment attorney is important to avoid contract problems and confusion from arising. Here are the areas you should consider reviewing with your employment lawyer:
Holiday pay is the additional payment an employee can receive when they work on regular holidays, special non-working days, and special working holidays.
Employees should still be paid during regular holidays such as Christmas and New Year if they choose not to work. However, for those who choose to render their service, an additional 100% payment should be given on top of their regular pay.
For special non-working days like All Saints’ Day, workers who opt not to come to work will not be paid. On the other hand, employees who will work that day should be given an additional 30% payment on top of their daily rate.
When it comes to special working holidays like Christmas Eve, employees are not given any additional payment. They can only receive their basic rate just like when working during ordinary days.
The most common mistake employers make when computing holiday pays is they do not outline their holiday schedule beforehand. This might make room for confusion as to who should work and if the employees have to come in during the said holidays. If employers work with an employment attorney, they can cover this section properly and flesh out the possible scope and policy elements they want to implement.
Benefits like 13th-month pay and Christmas or year-end bonus are commonly given in the Philippines. These are provided to motivate or reward employees for their excellent work performance.
The 13th-month pay is mandatory by law and should be given to all non-managerial staff. As for bonuses, these are totally at the discretion of the employer. They have the freedom to give or withhold this additional pay without facing any consequence.
An employer should discuss this with their labor lawyer to thoroughly explain who can be entitled to the benefits they will give.
Surprisingly, vacation and sick leaves are not mandated by the labor law of the Philippines. The one indicated in the labor code is the Service Incentive Leave or SIL. Five paid leaves are given to any employee who has provided at least one year of service in the company.
If an employer chooses to give an SIL, they are not required to provide vacation and sick leaves. However, if they indicate in the contract that they’ll give vacation and sick leaves, they are exempted from providing an SIL already.
Most employers are not aware of this. Thus, they might confuse the two. A labor and employment lawyer can easily draft company leave policies while considering what’s best for both parties.
Where to Get Reliable Labor and Employment Law Services in the Philippines
Working with reputable employment attorneys is vital, especially when employers are still on the drafting stage of employee contracts and manuals. If you are looking for a firm that provides reliable labor and employment law services in the Philippines, Yap Kung Ching & Associates Law Office has you covered. We house a team of labor law attorneys who have extensive knowledge in the labor law area and can assist you according to your needs.
Having a complete understanding of the labor and employment law not only helps the employers, but it also allows the employees to avoid contract breaches and confusion in the future.
Let Yap Kung Ching & Associates Law Office help you with your labor and employment law needs. Reach out to us today.