Establishments with less than ten employees: What are their employees’ benefits under the Labor Code?

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: (1) Holiday Pay, (2) Service Incentive Leave, (3) Retirement Pay* (for retail, service and agricultural establishments/operations regularly employing not more than ten (10) employees.)

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:

  1. Holiday Pay

  2. Service Incentive Leave,

  3. 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.

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Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

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