- P.D. 442, as amended by R.A. 11360, is the legal basis for service charges.
- Establishments collecting service charges are required to pay all of them to rank-and-file employees.
- Removal of service charges results in the employer taking on the responsibility of paying the average share being received by a rank-and-file employee.
- Tips collected are treated as service charges.
The legal basis is Presidential Decree No. 442 (“P.D. 442”), otherwise known as the “Labor Code of the Philippines”, as amended by R.A. 11360.
All of the collected service charges are given to rank-and-file employees.
Per DOLE Labor Advisory No. 13, Series of 2015, the contractor’s rank-and-file employees also get a share from the service charges provided they are deployed in the establishment collecting service charges.
Covered and excluded employees
The benefit applies to rank-and-file employees in establishments that collect service charges.
These establishments include hotels and restaurants, nightclubs, cocktail lounges, among others.
The covered employee’s share in the service charge should be paid every two (2) weeks or twice a month.
Removal of service charges
If the collection of service charges is removed, the management is obligated to pay the covered employee the average of what he/she was previously receiving from the share of the service charges. By default, it is the average of the past 12 months immediately preceding the removal of the service charges.
Collection of tips
The collection of tips shall be distributed in the same manner as service charges and thus shall follow the above requirements, per 2019 DOLE-BWC Handbook on Statutory Monetary Benefits.
Employment contract, company policies, CBA
The above discussion may be superseded by any stipulation favorable to the employee via an employment contract, company policies, collective bargaining agreement, or analogous thereto.
- Presidential Decree No. 442, a.k.a. Labor Code
- Republic Act NO. 11360
- Omnibus Rules Implementing the Labor Code
- DOLE Labor Advisory No. 13 s. 2015 – Applicable Minimum Wage Rates Based on Sector or Industry Classifications with Required Number of Workers in Relation to the Workers of Contractors and Subcontractors
- DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits
- Jurisprudence or Supreme Court Decisions