unless the laborer was able, willing, and ready to work but was prevented by management or was ille illega gall lly y lock locked ed out, out, susp suspen end ded or dismissed
FAIR FAIR DAY’ DAY’S S WAGE WAGE FOR FOR A FAIR FAIR DAY’ DAY’S S LABOR - if - if there is no work performed by the empl employ oyee ee,, ther there e can can be no wage wage or pay pay
WAGE - compensation for manual labor
SALARY - de d enotes higher degree of employment
- Not subject to execution except for debts incurred for food shelter, clothing and medical attendance-
-subject to execution (Rosario Gaa vs. CA. G.R. No.L-44169. Dec.3,1985)
WHAT DOES WAGE OR SALARY INCLUDE? 1. Comm ommiss ission ion 2. Facilit lities 3. Commodities/Supplements
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THEY ARE DEEMED INCLUDED IN THE SALARY IF THE FF CONDITIONS CONCUR: - The grant thereof is: Unconditional Consistent and deliberate over a period of time Customari arily given iven such that the employee expects to receive the same •
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(Mabeza vs NLRC G.R.No.118506.Apr.18, G.R.No.118506.Apr.18,1997) 1997)
Note Note.. Sala Salary ry does does not not inclu include de allow allowanc ances es nor gratuities. COMMISSION – direct remunerations received by an agent, agent, salesma salesman, n, executo executor, r, broker, broker, or truste trustee e calculated as a percentage on the amount of his transactions or on the profit to the principal FACILITIES – shall include all articles or services for the benefit of the employee or his family but shall not includ include e tools tools of the trad trade e or artic articles les or serv service ices s primarily for the benefit of the employer or necessary to the conduct of the employer’s business
FACILITIES - items of expense necessary for the laborer’s and his family’s existence and subsistence
- part of the wage - deductible from the wage
LEGAL REQUIREMENTS BEFORE FACILITIES CAN BE DEDUCTE DEDUCTED D FROM THE EMPLOYE EMPLOYEES’ ES’ WAGES: 1.Proof 1.Proof must must be show shown n that that such such facil facilit ities ies are customarily furnished by the trade; 2.The provis provision ion of deducti deductible ble faciliti facilities es must must be voluntarily accepted in writing by the employee; and
SUPPLEMENTS - constitute extra remuneration or special privileges or benefits given to or received by the laborers over and above their ordinary earnings wages - independent of the wage - not wage deductible
ART 99. REGIONAL MINIMUM WAGES minim inimum um wage wage rate rates s for for agri agricu cult ltur ural al and nonagricultural employees and workers in each and every region of the country shall be those prescribed by the Regional Regional Tripartite Tripartite Wages and Productivity Productivity Boards. MINIMUM WAGE - lowest wage rate fixed by law that an employer can pay his employees.
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3.The 3.The faci facili liti ties es must must be char charge ged d at fair fair and and reasonable value. GRATUITY – something given freely or without reco recomp mpen ense se to rewa reward rd empl employ oyee ees s who who have have render rendered ed satisfa satisfactor ctory y and efficien efficientt service service to the company.
The employer cannot exempt himself from liability to pay minimum wages because of poor financial condition of the company; the payment of minimum wages is not dependent on the employer’s ability to pay. (De Racho v. Municipality Municipality of Iligan, GR NO. L-23542 )
CHAPTER II MINIMUM WAGE RATES
ART. 98. APPLICATION OF TITLE Titl Title e on Wage Wages s appl apply y to ALL ALL EMPL EMPLOY OYEE EES S except the following:
ART. 100. PROHIBITION AGAINST ELIMINATION OR DIMINUTION OF BENEFITS
1. farm farm tenan tenancy cy or lease leasehol hold d
THE NON-DIMINUTION RULE
2. house househo hold ld or dome domest stic ic help helper ers s
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3. homewo homeworker rkers s enga engaged ged in needleneedle-wor work k 4. worke workers rs emplo employed yed in any any est establ ablis ishm hment ent duly duly registered with the National Cottage Industry 5. worker workers s in duly duly regis registere tered d coope cooperat ratives ives
Nothing Nothing in the Labor Code shall be construed construed to eliminate or in any way diminish supplements, or other other employe employee e benefit benefits s being being enjoyed enjoyed at the time of promulgation of this Code. bene benefi fits ts bein being g give given n to empl employ oyee ees s cannot be take taken n back ack or reduced unilaterally by the employer because the benefit has become part of the employment contract, written or unwritten. •
