Dear Attorney,

I’ve been working for six months and my employer has not increased my pay, which remains at ₱300 a day. Additionally, I receive no benefits, and they are also making me handle tasks such as processing business permits without any salary adjustment. What legal action can I take regarding my wages and lack of benefits?

Sincerely,
[Concerned Worker]

Insights

Under Philippine labor laws, the minimum wage is a mandated statutory amount that employers must pay their workers. This is set by the Regional Tripartite Wages and Productivity Board (RTWPB), which determines the minimum wage rates for different regions. Employers must ensure compliance with the wage orders applicable in their area.

The Labor Code of the Philippines guarantees workers the right to receive at least the minimum wage, which should not be below the rate set by the wage board in the region where the business operates. The wage of ₱300 per day may fall below the minimum wage for some regions. If an employee receives less than the prescribed minimum, they can file a complaint with the Department of Labor and Employment (DOLE). The employee may claim back wages for the difference between the paid wage and the minimum wage, including other entitlements such as overtime pay, night shift differentials, and holiday pay.

Additionally, the Labor Code mandates that employees are entitled to standard benefits such as the 13th Month Pay, SSS, PhilHealth, Pag-IBIG contributions, and service incentive leave. Non-provision of these benefits can lead to legal claims.

In terms of assigning tasks beyond an employee's agreed job description, such as handling business permits without proper compensation or allowance, this could be grounds for labor exploitation if it constitutes a significant alteration of the employee’s role without additional pay.

Employees in this situation can file their complaints with DOLE, which may include claims for unpaid wages, benefits, and other violations of labor standards.