DOLE issues Q&A on payment of wages due to suspension of work in private sector on 7 August

The Department of Labor and Employment (DOLE) yesterday issued guidelines on the payment of wages due to the suspension of work in the private sector on August 7, pursuant to Memorandum Circular No. 33-A, Series of 2012 issued by the Office of the President, declaring work suspension in all offices in the private sector in the National Capital Region (NCR), and in the provinces of Zambales, Bataan, Pampanga, Pangasinan, Tarlac, Bulacan, Laguna, Cavite, and Rizal on August 7, 2012 in the view of the continuing inclement weather brought about by southwest monsoon (Habagat).

The Q&A consists of 11 questions that might be of concern to workers or employers.

It answers concerns such as how to compute the premium pay of 30 percent for employees who worked on that day, particularly those who worked in shifts.

To request for a copy of the Q&A, please e-mail the Labor Communications Office at laborcommunications@gmail.com, or call 5273446.

1. What is Memorandum Circular No. 33-A?

Answer: Memorandum Circular No. 33-A is a Presidential issuance declaring work suspension in all offices in the private sector in the National Capital Region, and in the provinces of Zambales, Bataan, Pampanga, Pangasinan, Tarlac, Bulacan, Laguna, Cavite, and Rizal.

2. What is the period covered by MC 33-A?

Answer: The work suspension covers only the 24-hour period from 12:01 A.M. of 7 August 2012 to 12:00 M.N. of the same day.

3. If an employee did not report to work on 7 August 2012, is he or she entitled to be paid his/her wage?

Answer: No. In this instance, the principle of “no work, no pay” applies. However, an employee can avail of his or her accrued leave credits, or be covered by a favorable company policy and practice, or by collective bargaining agreement (CBA) granting payment of wages during calamities or emergencies.

4. May an employer require his employees to report for work on 7 August 2012 despite the suspension of work pursuant to MC 33-A?

Answer: Yes, but under the following conditions: (a) the employer should ensure the safety of the employee in going to and from work, like the provision of free transportation, personal protective equipment, first aid medicine, etc. and (b) payment of 30% premium pay.

5. How is the premium pay computed when an employee is suffered or required to work on 7 August 2012?

Answer: The 30% premium pay is computed as follows:

     (a) For normal 8-hour work, usually rendered from 8:00 A.M. to 5:00 P.M.

             Sample Computation (Using NCR minimum wage rate):

             Applicable daily rate = (Basic Pay x 130%) + COLA, if applicable

             = (P426 x 1.3) + P20

             = P553.80 + P20

             = P573.80

     (b) For shift work rendered from 10:00 P.M. of 6 August 2012 to 7:00 A.M. of 7 August 2012

For work rendered from 10:00 P.M. to 12:00 M.N. of 6 August 2012, the regular hourly rate (basic pay + 10% night shift differential) plus COLA, if applicable

For work rendered from 12:01 A.M. to 7:00 A.M. of 7 August 2012, the regular hourly rate (basic pay + 10% night shift differential until 6 A.M. + 30% premium pay) plus COLA, if applicable

     (c) For shift work rendered from 10:00 P.M. of 7 August 2012 to 7:00 A.M. of 8 August 2012

For work rendered from 10 PM to 12:00 midnight of August 7, 2012, the regular hourly rate (basic pay + 10% night shift differential until 6 AM + 30% premium pay) plus COLA, if applicable

For work rendered from 12:01 A.M. to 7:00 A.M. of August 8, 2012, the regular hourly rate (basic pay + 10% night shift differential) plus COLA, if applicable

6. If the employee is permitted or suffered to work for less than the normal 8-hour work on 7 August 2012, is the employer required to pay the employee the 30% premium pay?

Answer: Yes. The employer should pay the 30% premium pay based on the actual work hours rendered.

               Sample computation: 4 hours of work rendered (Using NCR minimum wage rate):

                Applicable daily rate = (Basic Pay x 130%) divided by 8 hours x 4 hours + COLA, if applicable

                = (P426 x 1.3) divided by 8 hours x 4 hours + COLA

                = P276.90 + P20

                = P296.90

7. If the employer requires his employee to work in excess of 8 hours on 7 August 2012, how much should the employer pay his employee?

Answer: The employer should pay the 30% overtime premium pay in addition to the regular wage and 30% premium pay.

8. What is the compensation of an employee whose work shift started from 8:00 A.M. of 7 August 2012, but was suspended, for example, at 10:00 A.M. of the same day?

Answer: The employee shall be entitled to the following:

For work rendered from 8:00 A.M. to 10:00 A.M., the hourly rate shall be based on the regular wage plus 30% additional pay based on the basic pay; and

For the unworked period (10:00 A.M. to 5:00 P.M.), the principle of “no work, no pay” applies. But the employee can avail of his/her accrued leave credits, or be covered by a favorable company policy and practice, or by collective bargaining agreement (CBA) granting payment of wages during calamities or emergencies.

9. Who are covered by the premium pay?

Answer: The premium pay benefit applies to all employees, except managerial employees, officers or members of a managerial staff, house helpers, workers who are paid by results, and field personnel.

10. May an employee be disciplinarily sanctioned for failing to report to work?

Answer: No, provided he/she has advised the employer of his/her inability to report for work.

11. If the employer requires or suffers his/her employee to work at home based on agreed output or standards, is the latter entitled to the 30% premium pay ?

Answer: Yes.

June 30 is a special non-working holiday

In honor of the turn-over of the presidency to the new president-elect, June 30 has been declared as a special non-working holiday.

For employees in the private sector, this would mean that they get a free day off. If required to work, employees get an additional 30% to their salary for that day.

Calls to Malacanang, however, state that this is still only in the proposal stages, and have yet to be signed by the President.

More on Professionalizing Philippine Psychologists

When I first got wind that a law to professionalize clinical psychologists will be approved, I was very happy for our country. I remember that back when I was looking at other countries, part of the online forms I was filling out asked me if I was a licensed psychology practitioner. Since we did not necessarily have licenses for psychology, I didn't know what to put in the form.

When I received the full text of R.A. 10029, I was slightly confused. When I brought it up with an old colleague, his first reaction was, "Doesn't the government think we already have too much studying to do?". His first concern was also, "How does it affect my job?".

I believe that those are two very valid points. I have been considering taking my masterals for the past few years. The money to pay for my masterals, and the time, are two things I always have conflict with. Even until now, I still balk at the amount that I would have to pay just to further my studies, thinking it would be better saved for my future kids. What more for all those coming from less-privileged families?

However, if we do want to regulate those practicing psychology, licensing is one way to really track those who are capable of providing psychological services. In retrospect, advocates of psychology fought long and hard to get it considered as a science, and eventually a medical science. It is only right that we be able to provide a good basis to know who to approach when we need psychological services.

A bigger concern for me was how it would affect human resources practitioners. Will we have to take the board exam as well? Some provisions of the republic act include qualifications for exemptions for industrial professionals. However, the qualifications are not something that you can easily obtain. Furthermore, now that human resources have branched out into many specialties, the description of those who are required to take the board exam can be read as a gray area.

Luckily, I received a copy of an FAQ from the Psychological Association of the Philippines that clarifies some statements. While I believe we still need to wait for the implementing rules and guidelines to be released, this FAQ  can give some HR practitioners peace of mind and help them decide if they need to take their careers further. For those who are interested in reading it, Here is a copy of the Answers to FAQs about Psych Bill by the Psychological Association of the Philippines.

New Law Professionalizes Psychologists

This news has already been circulating for sometime now, and, finally, the law has been passed. News reports came out around March 24 stating that the law will be in effect 15 days after it is published.

Based on discussions of HR professionals in their private channels, a regulatory board will still be created to help administer this new law. The regulatory board will also be in charge of creating the implementing rules and regulations which will guide all practitioners in how to acquire their license.

This is a good step forward towards making the effort of millions of psychology practitioners legitimate, and hopefully for international recognition of our psychology graduates as well.

For those who are interested in seeing the full wording of this law, you may read it at The Law-Phil Project.

Announcement from MLP Global Management & Development Centre, Inc.

I received this message from the management of MLP Global Management & Development Centre, Inc., and have decided to share it here for everyone to read:

Dear friends and colleagues,

It has come to our attention that a certain Mr. Morgan Stanley is falsely representing Merrill Lynch & Co., Inc. and has been sending emails telling people that they have been selected as one of the top 20 qualified applicants to be trained in New York, USA for their Makati and Cebu Branches. Pre-requisite to the said "Job Opportunity" is to undergo Competency-Based Workshop Training on March 24, 2010 at Castle Peak Hotel, Cebu City to be facilitated by MLP Global Management & Development Centre, Inc. The applicant is required to pay P 1,500.00 as reservation fee for the training.

MLP Global Management & Development Centre, Inc. deny any transaction with Merrill Lynch & Co. Inc. and we are not in any way connected or transacting with the said firm. Likewise, MLP Global Management & Development Centre, Inc. is NOT offering a program entitled Competency-Based Workshop Training slated on March 24, 2010 at Castle Peak Hotel, Cebu City. You may call our reservation office at (032) 254-3458 to confirm our current workshop offerings.

In the event you receive such notice, we advise that you ignore it immediately. Please forward this email to your friends. They might be their next victims.

All the best,

The Management
MLP Global Management & Development Centre, Inc.

Several Makati roads to be closed for rally

By Allison Lopez, published on the Philippine Daily Inquirer, June 9, 2009


MANILA, Philippines—Several roads will be closed to traffic in Makati’s central business district on Wednesday, as thousands are expected to troop to the city for a multisectoral rally against a House resolution calling for the convening of a constituent assembly (Con-ass).

The rally is expected to start at 5 p.m.

In an advisory, the city government Monday asked motorists to take alternate routes because the following roads will be closed starting 9 a.m. Wednesday: Both lanes of Ayala Avenue from Makati Avenue to Herrera Street; both lanes of Paseo de Roxas from Sedeño Street to De la Rosa Street; and VA Rufino Street from Valero to De la Rosa.

Other roads to be closed are Malugay Street from Pasong Tamo to Ayala and from Ayala to Gil Puyat Avenue; and Ayala from Gil Puyat to Metropolitan Avenue, and from Kamagong to Gil Puyat.

All passenger buses coming from EDSA-Ayala are advised to turn right to Makati Avenue and left to Gil Puyat. Buses coming from the South Luzon Expressway, Buendia and Pasay City are advised to take Gil Puyat, turn right to Makati Avenue and turn left at EDSA (Epifanio delos Santos Avenue) on their way to their destination.

Public utility vehicles and light vehicles from JP Rizal are advised to turn right to Makati Avenue, right to Paseo de Roxas, right to Villar Street, left to EP Leviste Street, left to VA Rufino Street and right to Ayala Avenue.

Those coming from Washington Street may turn right to Gil Puyat Avenue, right to Ayala Avenue, right to Salcedo Street, left to Benavidez toward Esperanza Street, right to Makati Avenue, right to Arnaiz Avenue, right to Paseo de Roxas, left to De la Rosa, right to Salcedo and left to Ayala.

Hermenegildo San Miguel, director of the Makati department of public safety, said additional enforcers would be deployed to maintain smooth traffic.