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The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Employees employed in establishments with less than ten (10) employees are entitled to most of the benefits provided in the Labor Code, and pertinent rules and regulations, except for the following:
- Holiday Pay
- Service Incentive Leave,
- Retirement Pay* (for retail, service and agricultural establishments/operations regularly employing not more than ten (10) employees.)
According to Article 94 (a) of the Labor Code every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers.
On the other hand, Article 95 (b) of the Labor Code provides that Service Incentive Leave shall not apply to those employed in establishments regularly employing less than ten employees.
Generally, employees in the Philippines are granted with the following benefits:
- Holiday Pay,
- Premium Pay,
- Overtime Pay,
- Night Shift Differential,
- Service Charges,
- Service Incentive Leave,
- Maternity Leave,
- Paternity Leave,
- Parental Leave,
- Leave for VAWC,
- Special Leave for Women,
- 13th-Month Pay,
- Separation Pay,
- Retirement Pay,
- ECC Benefits,
- PhilHealth Benefits,
- SSS Benefits,
- Pag-IBIG Benefits.
Employees employed in establishments with less than ten (10) employees are entitled to most of the aforesaid benefits, except for the following:
- Holiday Pay
- Service Incentive Leave,
- Retirement Pay* (for retail, service and agricultural establishments/operations regularly employing not more than ten (10) employees.)
According to Article 94 (a) of the Labor Code every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers. Under the 2024 Handbook of Workers’ Statutory Monetary Benefits, it was reiterated that the benefit of Service Incentive Leave applies to every employee who has rendered at least one year of service, except for those employed in establishments regularly employing less than ten employees.
On the other hand, Article 95 (b) of the Labor Code provides that Service Incentive Leave shall not apply to those employed in establishments regularly employing less than ten employees. It was also reiterated in the 2024 Handbook of Workers’ Statutory Monetary Benefits that the benefit of Service Incentive Leave applies to every employee who has rendered at least one year of service, except for those employed in establishments regularly employing less than ten employees.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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