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BERONGOY & MONTECLAR LAW FIRM

BERONGOY & MONTECLAR LAW FIRM

Tagbilaran, Philippines

Free Consultation: 15 mins


Founded in 2010
7 people in their team
About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal...
English
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About Wage & Hour Law in Tagbilaran, Philippines:

Wage and Hour law in Tagbilaran, Philippines is directed by the Department of Labor and Employment (DOLE), under the broader ambit of the Philippine labor laws. It primarily deals with the standard minimum wage rates, hours of work, overtime, and holiday pay. The law aims to ensure workers' fair compensation and to protect them against exploitation. The regional wage boards are responsible for determining the minimum wage for a particular region; for Tagbilaran, it is the RTWPB - Region VII (Central Visayas).

Why You May Need a Lawyer:

Legal aid in matters pertaining to Wage & Hour is usually required when there's a violation of your rights at your workplace. This could involve issues such as unpaid overtime, wage deductions, delayed payments, unfair dismissal, or working hours exceeding the legal limit. A lawyer could also be necessary to navigate complex regulations specially if you're unable to fully understand your rights under wage and hour laws. Apart from this, a lawyer can help you negotiate better terms with your employer or initiate legal action in case of a dispute.

Local Laws Overview:

In the Philippines, labor standards involve stipulations for minimum wages, hours of work, rest days, and benefits such as holiday pay and service incentive leaves. The standard work hours are 8 hours per day, and work done in excess of 8 hours is considered overtime, which is payable at a higher rate. Moreover, employees are entitled to at least one rest day per week. Employers failing to adhere to these standards can be held legally accountable, indicating the importance of being well-versed in these regulations.

Frequently Asked Questions:

1. What is the current minimum wage in Tagbilaran?

The minimum wage is set by the RTWPB and changes periodically, so it's recommended to check with the board for up-to-date information.

2. Are domestic workers covered under the Wage & Hour law?

Yes, domestic workers, known as "Kasambahay" in the Philippines, are protected under the Kasambahay Law or the Domestic Workers Act.

3. Am I eligible for overtime pay?

Yes, if you work more than 8 hours a day, the additional hours are considered overtime and attract extra pay.

4. How many leaves is an employee entitled to annually?

An employee is entitled to five days of Service Incentive Leave annually, provided they've been with the firm for at least a year.

5. Can my employer reduce my wages?

Reduction of wages without valid grounds may be considered illegal. Consult with a legal adviser for such an action.

6. What to do if I'm not being paid minimum wage?

If you believe you're being underpaid, you can report your employer to the regional wage board or seek legal advice.

7. Can an employer make deductions from my salary?

Employers can make deductions, but they should follow stipulated laws, and the deduction must not reduce your wage below the minimum rate.

8. Can I refuse to work overtime?

Yes, you can legally refuse to work overtime unless there is an emergency or urgent work that could affect the safety of workers or the company.

9. What benefits am I entitled to?

Legally, employees are entitled to benefits such as holiday pay, 13th-month pay, night differential, service incentive leave, and others as per the Labor Code of the Philippines.

10. How can I report violations to my labor rights?

You can report labor rights violation to the local office of the Department of Labor and Employment or seek legal assistance.

Additional Resources:

For any assistance, you can consult the Department of Labor and Employment (DOLE) or the National Wages and Productivity Commission (NWPC). Additionally, the Integrated Bar of the Philippines (IBP) can be a good resource to find a lawyer knowledgeable in wage and hour laws. Trusted online resources like the Philippine's Official Gazette also provide updated legal information.

Next Steps:

If you believe your rights according to the Wage and Hour law have been violated, do document instances of these violations and gather any related documents or proof. Consult with a labor law attorney for advice on how to proceed. For minor issues, discussing your concerns with your employer or Human Resources Department might resolve the issue. If the situation doesn't improve, reporting your case to the local DOLE office may be required.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.