I am a newly hired dining crew in a restaurant in Davao City. They pay me P190 a day or below the minimum wage, and we also work nine hours a day. The restaurant has more than 20 employees. Are there violations of the labor law in my situation?
The Regional Tripartite Wages and Productivity Board determines the minimum wage in that area. Article 124 of Presidential Decree (P.D.) No. 442 sets the standards or criteria for minimum wage fixing and these are the following: demand for living wages; wage adjustment vis-à-vis the consumer price index; the cost of living and changes or increases therein; the needs of workers and their families; need to induce industries to invest in the countryside; improvements in standard of living; prevailing wage levels; fair return of the capital invested and capacity to pay of employers; effects on employment generation and family income; and equitable distribution of income and wealth along with the imperatives of economic and social development.
The regular hours of work of an employee shall not be more than eight hours in any one day. Any employee who is required to work beyond eight hours on ordinary working days shall be paid additional compensation for the overtime work in the amount equivalent to his regular wage plus at least 25 percent (Section 8, Rule 1, Book 2 of PD No. 442).
Based on your narration, there are violations of the Labor Code of the Philippines on the part of the employer because you are being paid below the minimum wage and you are required to work beyond eight hours a day without being paid for the overtime work. We encourage you to file your complaint with the Single Entry Assistance Desk (SEAD) located in regional branches of the National Labor Relations Commission (NLRC) or in all provincial and district offices of the Department of Labor and Employment (DOLE) for the mandatory conciliation-mediation proceedings as provided by Republic Act No. 10396.
We hope that we have addressed your concern. 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.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com