Fast-food store worker seeks extra pay

Dear PAO,
I am 19 years old and I am currently working as a service crew for a fast-food chain. My work schedule lasts for nine to 10 hours but my salary is so small.

I just want to verify whether I am entitled to an extra pay. My mother said I should inquire from you. She regularly reads your column and she told me that you give legal advice for free. I hope you can respond to this letter so that I could know my rights.
Carter555

Dear Carter555,
The rights of laborers and employees are protected under our laws. Any person who is involved in violating the rights of laborers may be penalized accordingly.

For instance, employees are required to work for a period not exceeding eight hours a day (Article 83, Labor Code of the Philippines), and they should be paid the appropriate salary for the work they have provided during that entire period, in consonance with the minimum wage regulations.

While the employees and employers are allowed to stipulate the number of work hours the former has to render each day, which may be longer or shorter than the eight-hour period abovementioned, the employers are still required to compensate them properly.

Taking the foregoing in consideration and applying the same with your situation, we submit that you must be compensated at least P404 for the work you have performed for eight hours a day if you are engaged to perform non-agricultural work within the National Capital Region. (Wage Order NCR-15)

Should your employer insist that you are entitled to a salary below the minimum wage set by the Department of Labor and Employment, he must prove that his business is one of those exempted from the minimum wage order. (Section 8, Republic Act 6727)

If the business of your employer is not one of those exempted and should you be required to work beyond the eight-hour period on your regular work schedule, you should be compensated, in addition to your regular or daily wage, an amount equivalent to 25 percent thereof.

If you are required to work beyond eight hours on a holiday or on your rest day, you should be compensated an additional 30 percent of your holiday or rest day pay. (Article 87, id) Please be advised that the pay rate for overtime pay claims shall be computed on an hourly basis because overtime work is performed on an hourly basis as well.

You may opt to discuss your salary concerns with your employer so that he can be made aware of your situation, that is, you are not being given appropriate salary.

This will provide your employer the opportunity to rectify his error and it will also allow you to obtain the salary, which is due you.

Should your employer fail to compensate you in accordance to what is provided for under the Labor Code, you may opt to file a complaint before the Department of Labor and Employment on the basis of underpayment of salaries and wages.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. –Persida Acosta, Manila Times

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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