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The Wage and Hour Law in Davao City fall under the Philippine Labor Law, predominantly focused on the National Minimum Wage and the 8-Hour Labor Law. The National Wages and Productivity Commission (NWPC) and the Regional Tripartite Wages and Productivity Boards (RTWPBs) are responsible for setting minimum wages at regional levels. These are determined in relation to the cost of living, worker needs, and the socio-economic factors of the region.
You may need a lawyer if you encounter issues related to unpaid wages, underpayment, unjust deductions, or if you are required to work beyond the regulated hours without proper overtime payment. A lawyer can guide you through the legal processes, represent you in disputes with your employer, or help you understand your rights and obligations under Philippine law.
In Davao City, like others, the minimum wage is mandated by regional wage orders issued by the RTWPB. As of 2021, the daily minimum wage is PHP396.00 for the agriculture sector and PHP404.00 for non-agriculture, retail/service establishments employing 15 workers or less, and manufacturing establishments employing less than 10 workers.
Work duration should not exceed eight hours per day. Any work beyond these hours qualifies as overtime, and is subject to the pay rate of "regular wage plus at least 25% premium." On a rest day, holiday, or your scheduled overtime, the overtime rate increases to "regular wage plus at least 30% premium".
Any work rendered beyond eight hours a day constitutes overtime and should be compensated with the overtime pay rate.
You can reach out to the Department of Labor and Employment (DOLE) or hire a labor lawyer to assist you.
You should approach your immediate superior or HR department about this issue. If it is not resolved, you can contact DOLE or a labor lawyer to discuss the legal actions that can be taken.
No, the 8-hour work limit does not include break time. Any meal or rest period spanning at least 20 minutes should not be counted as hours worked.
An employer can require an employee to work on any day in cases of actual or impending emergencies, urgent work, or to prevent loss or damage to their life, safety, or property, among a few other exceptions. In such a case, the employee should be compensated correctly.
For additional information or assistance, you can consult with the Department of Labor and Employment (DOLE) or the National Wages and Productivity Commission (NWPC). Legal aid organizations, such as the Integrative Lawyers Of The Philippines (iLAW) or the Free Legal Assistance Group (FLAG), can also be valuable resources.
If you believe your rights are being violated, gather all necessary documents such as pay slips, time records, or any related evidence and report the matter to your HR department. If the issue remains unresolved, your next step should be to reach out to DOLE or hire a labor lawyer. Always ensure to exercise your rights and to know the provisions of the Wage & Hour laws when advocating for fair labor practices.
