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Policies and Guidelines for LCWP |
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(ADMINISTRATIVE) POLICIES AND GUIDELINES FOR LAY CHURCH WORKERS AND PERSONNEL IN THE DIOCESE OF MARBEL
4.5. General Policies for Office Personnel[27] 4.5.1. Attendance and Punctuality The parish expects all lay personnel to be punctual and regular in their attendance. They should be at their designated place of work from the start to regular quitting time and shall not leave their workplace unless authorized by the parish priest or parochial vicar. Punctuality and attendance are important considerations in deciding on merit increase and promotions. 4.5.2. Tardiness 1. Tardiness means reporting for work past the specific time. 2. Habitual tardiness shall be considered a negative factor against any lay personnel and will adversely affect his/her chances for promotion and salary increase and continued employment with the parish. 3. Tardiness, unless with extreme valid reason, is strictly prohibited in the parish. Lay personnel must always be a model of punctuality. 4. Lay personnel who are habitually late must be given counseling by the parish priest. A monetary penalty will be deducted from the salary of a lay personnel who have been late for five (5) times. 4.5.3. Daily Time Record (DTR) All lay personnel are required to sign or punch the DTR as they arrive or leave the parish office. Lay personnel who are asked to report on Sundays, holidays and rest days or extend their regular during regular office may also indicate their presence in the DTR for record purposes. Unless sanctioned by the parish priest or in his behalf, services rendered over and above the required working hours shall not be considered overtime but service credits. 4.5.4. Working Hours 4.5.4.1. Normal Hours of Work The normal working hours for any lay personnel is eight (8) hours a day or forty (40) hours a week, that is, equivalent to five working days a week excluding time for meals[28] and are expected to report to parish office from 8:00AM to 12:00NN and from 1:00PM to 5:00PM.
Hours worked shall include (a) all time during which a lay personnel is
required to be on duty or to be at a prescribed workplace; and (b) all
time during which a lay personnel is permitted to work.[29] 4.5.4.2. Meal Periods The parish shall give lay personnel not less than sixty (60) minutes time-off for their regular meals.[30]
4.5.4.3. Weekly Rest Periods
Except Sunday as a rest day for all, the parish shall provide lay
personnel a rest period of not less than 24 hours after five (5)
consecutive normal working days. The parish priest shall schedule the
weekly rest day. 4.5.4.4. Overtime not to offset by under time Under time work on any particular day shall not be offset by overtime work on any other day. Permission given to the lay personnel to go on leave on some other day of the week shall not exempt the parish from paying the additional compensation for overtime work.[31]
4.5.5. Absences Lay personnel who cannot come to the parish office should notify the parish priest or any of the parochial vicars by sending a written message or through oral message. And he/she must report to the parish priest upon return to the office. Absences incurred when office is only half day are considered a full day’s absence; hence subject to corresponding deduction. Habitual short absences which in spite of written warnings from the parish priest constitute a cause for dismissal. If absence is due to sickness, he/she must submit medical certificate or any other medical proof. Any lay personnel insist on being absent even after his/her request for specific absence has been denied, he/she be subjected to administrative sanction. For justifiable cause, lay personnel maybe allowed a maximum of ten (10) working days absence beyond which deductions will be made due to his/her absences.
4.5.6. Under time Under time shall mean abandonment of work before the specified time. Lay personnel are not allowed to leave the parish office during his/her regular working hours unless the nature of his/her works requires it and only upon the authorization of the parish priest or his designated person. Under time may also be excused or unexcused. It is excused if lay personnel concerned has made prior written request arrangement to work under time and granted by the parish priest. Unexcused under time, like tardiness, shall be subject to salary deduction.
4.5.7. Attendance at Retreats, Seminars, Conferences and Diocesan and Parish Activities Attendance shall be approved, as part of their development as lay personnel to enrich their spiritual life, by the parish priest, under such terms and conditions as the parish may require.
4.5.8. Attire and Grooming To maintain dignity and insure respect, lay personnel should wear presentable and modest attire in and out of the parish. However, in case where the group decides to wear uniform, then such agreement must be observed faithfully.
4.5.9. Housekeeping
Lay personnel are expected to observe proper housekeeping for any
property, materials and equipments assigned to him/her. He/She is also
accountable for its loss. 4.5.10. Election and Candidacy
In line with diocesan policy, any lay personnel who wishes to actively
campaign for particular political party or candidate or run for elective
position shall resign from his/her respective position or duty in the
parish. Such resignation shall be submitted in writing to the parish
priest as soon as election campaign starts or upon filing his/her
candidacy. 4.5.11. Membership in Organizations Lay personnel are encouraged to participate in professional organizations of their own choice which concerns their respective position or work and duty.
Lay personnel are allowed to borrow any material/equipment for office
use. However, bringing it home is strictly prohibited. Any borrowed
material/equipment must be returned to the proper place immediately
after use so that others can also use it. 4.5.13. Field Trips
No lay personnel shall go for field trips without submission of a
written permission and approval of the parish priest. 4.5.14. Familiarity with Policies Lay personnel shall familiarize themselves with the pertinent provisions of this Manual as one of the conditions of employment. Conflict of Interest The Parish holds all its workers in a position of trust and confidence serving as the solid ground on which rests the operations of the Parish. As a matter of policy, all workers must avoid at all cost situations where their personal interests may stand in conflict with that of the Parish. In furtherance thereof, the following guidelines must be observed: 1. Lay personnel must be responsible in all his/her actions and behavior inside and outside the Parish premises and never to seek refuge on the Parish name and image. 2. Lay personnel must avoid using the goodwill of the Parish, its reputation or properties whether directly or indirectly for his own personal advantage. 3. Lay personnel’s personal transaction must be conducted separately from that of the Parish in accordance with law and existing and/or practiced Parish policies; 4. Parish lay personnel must refuse any offer or enticement in the form of gifts or favors from parishioners or suppliers with whom the Parish currently transacts business with, that could affect their work or the performance thereof.
4.5.16. Peddling in Offices
Peddling inside the offices is not allowed as this disrupts office operation. 4.6. Other Offenses and Penalties Offenses and penalties enumerated below have been grouped from A to C in accordance with the gravity of the penalty. Offenses not enumerated but analogous or similar to each group shall be penalized according to the penalty prescribed in the group where the violation may fall.
GROUP A 1. Commission of any crime or offense against any priest, employee or property of the Parish either within our outside the working premises. 2. Commission of any crime which is punishable by imprisonment under the Revised Penal Code. 3. Participation of any illegal strikes or deliberate slow down in work. 4. Fraud or willful breach of trust expected of the employee such as but not limited to the following: Misrepresentation of facts in the application for employment. Misrepresentation on claims of company benefits. Malversation of funds Manipulation of records detrimental to the parish or Diocese. 5. Failure of an employee to keep in strict confidence any confidential matter, records, etc. which the employee may acquire in the course of his/her work. 6. Habitual violations of the rules and regulations. A habitual rule violator is an employee who has been: Reprimanded three (3) times a year during a 12-month period. Reprimanded twice and suspended once during 12 months. Suspended twice during a twelve-month period. 7. Offering or accepting any or anything of value in exchange for something for employee’s own benefit and advantage, e.g. grease money. 8. Illegal possession of prohibited drugs or firearms. 9. Illness of the employee which prevents performance for length of time or permanent disability. If the illness or disablement is determined to have been caused or aggravated by his work, the employee shall apply for and be paid by the Employer’s Compensation. 10. Incompetent or lack of knowledge or skills as determined by the immediate superior.
11.
Infliction of contagious diseases. Penalties for GROUP A
GROUP B 1. Insubordination or refusal to carry out verbal or written job or work or instructions issued by the employee’s immediate superior. 2. Insult or willful disrespect, unruly conduct or insulting behavior by the employee of the honor or person of any priest, employee or visitor. 3. Making false, vicious, insolent, abusive or malicious statements or gossips about the Diocese, parish, priests or employees. 4. Deliberate alteration unauthorized entries or failure to indicate correct time record. 5. Deliberate recording of another employee’s time record. 6. Mischievous act or gross negligence resulting in loss or damage to the company’s property. 7. Commission of scandalous or immoral acts. 8. Using the company’s property, materials/equipments for personal business or purpose without permission. 9. Holding outside employment or revenue generating activities without prior approval of the employee’s immediate superior. 10. Sleeping while on duty. 11. Gross negligence in the performance of the employee’s assigned duties and responsibilities. 12. Inflicting bodily harm to anybody within the company’s premises. 13. Illegal possession of deadly weapon. 14. Gambling within or outside the company’s premises during office hours. 15. Unruly behavior as a result of being drunk.
Penalty for GROUP B
GROUP C
1. Pretending to be sick to evade duty. 2. Failure to report for overtime work without just cause. 3. Provoking or attempting to inflict bodily harm on another within the company’s premises. 4. Drinking any alcoholic beverage during office hours. 5. Leaving the company premises for personal reason during office hours without permission. 6. Canvassing, peddling, demonstrating or selling merchandise within the company’s premises without permission. 7. Unexcused tardiness/under time. 8. Failure to attend the employee’s annual retreat/recollection for unjustifiable reason. 9. Unauthorized absences or absences without official leave.
Penalty for GROUP C
Penalty for Offense No. 9
4.7. Performance Evaluation
Lay personnel shall be subjected to performance evaluation every year in
accordance with the criteria of the diocese and the parish. Performance
rating fosters the improvement of individual lay personnel performance
by identifying his/her areas of strengths and weaknesses. Section 5: Salary 5.1. Payment to Employee only Wages shall be paid directly to the workers to whom they are due[32] except in the following cases: [33] (a) When the employer is authorized in writing by the employee to pay his wages to a member of the family; (b) Where the payment to another person of any part of the employee’s wages is authorized by existing law, including payments for insurance premiums of the employee (c) In case of death of the employee, the payment of the wages shall be made to his/her heirs without the necessity of intestate proceedings. When the heirs are of age, they shall execute affidavit attesting to their relationship to the deceased and the fact that they are his/her heirs to the exclusion of all other persons. In case any of the heirs is minor, such affidavit shall be executed in his behalf by his natural guardian or next of kin. (d) In case of force majeure rendering such payment impossible or under other special circumstance to be determined by the DOLE Secretary in appropriate regulations in which case the worker may be paid through another person under written authority given by the worker for the purpose.
5.2. Frequency of Payment
Wages shall be paid at least once every two weeks or twice a month at
intervals not exceeding 16 days (generally, payday is every 15th
and 30th day of the month. When the 15th or 30th
falls on a Saturday or Sunday or official holiday, payday is the
working day before such days), unless payment cannot be made with such
regularity due to force majeure or circumstances beyond the
employer’s control, in which case the employer shall pay the wages
immediately after such force majeure or circumstances have
ceased.[34]
5.3. Compensation 5.3.1. Full-time and Part-time Office Personnel Fulltime Office Personnel are paid on a 12-month basis while part-time office personnel are paid according to what is agreed 5.3.2. Preparation of Payroll The payroll is prepared by the Bookkeeper, approved by the parish priest and the Cashier paid, withdrew and reimbursed the Cash. The master payroll should reflect all deductions made for the period. The reflected total amount to appear in the check and to be withdrawn from the bank is the gross salary and those deductions shall be receipted. But in some cases the total amount to appear in the check is the net and in this case, there is no need for the deductions to be receipted. 5.4. Salary Increase The wage increase prescribed shall apply to all workers and employees in the private sector regardless of their position, designation or status, and irrespective of the method by which their wages are paid except household or domestic helpers and persons employed in the personal service of another, including family drivers.[35] Besides the prescribed wage increase of the Regional Tripartite Wages and Productivity Board, wage increase has six types: 1. General, across-the-board increase for all lay personnel 2. Merit increases paid to lay personnel based on some indicator of job performance 3. Cost of living adjustment 4. Reclassification increase 5. Level adjustment 6. Promotional increase
5.5. Salary Deduction No parish priest, in his own behalf or in behalf of any person, shall make any deduction from the wages of lay personnel, except:[36] 1. In cases where the worker is insured with his consent by the employer and the deduction is to recompense the employer for the amount paid by him as premium on the insurance; 2. For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and 3. In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment.” The following deductions are authorized by law: a) Deductions for facilities furnished by an employer[37] b) Deductions for loss or damage to tools, materials, equipment supplied by the employer in trades, occupation or business where the practice of making deductions is recognized.[38] 1. But the employee is given reasonable opportunity to show cause why deduction should not be made. 2. That the amount of such deductions is fair and reasonable and shall not exceed the actual loss or damage; and 3. That the deduction from the wages of the employee does not exceed 20% of the employee’s wages in a week.[39] c) Deductions for a demandable debt due the employer[40] d) Deductions for income tax or withholding tax[41] e) Deductions for Social Security premiums[42] f) Deductions for Medicare (Philhealth) premiums[43] g) Deductions for PAGIBIG contributions of the employee[44] h) Deductions for employees compensation premiums, [45]
5.6. Statutory Minimum Wage The basis[46] of the minimum wage rates prescribed by law shall be the normal working hours which shall be not more than eight (8) hours a day. The salary of lay personnel should never be below the daily minimum wage fixed by the Regional Tripartite Wages and Productivity Board of the region where the diocese and parishes are located.[47] The diocese and parishes cannot even exempt themselves from liability to pay minimum wages of poor financial condition, the payment thereof not being dependent on the parish’s ability to pay.[48]
Those exempted from receiving minimum wages are those household or
domestic helpers and persons employed in the personal service of
another, including family drivers.[49] 5.7. Salary Computation The following is the formula applicable to all parishes, suggested by the Regional Tripartite Wages and Productivity Board 12[50] in determining the equivalent monthly regional minimum wage. For those who do not work but are considered paid on rest days, special holidays and regular holiday:
EMR = ADR x 365 Where 365 days:
302 days = Ordinary working days
Where:
Section 6: Fringe Benefits and Other Privileges The benefits granted to the lay personnel are general classified as: 1.) State-mandated/Legally required Benefits and 2.) Diocese/Parish-sponsored benefits: 6.1. State-Mandated/Legally Required Benefits 6.1.1. Social Security[51] The law provides for the compulsory coverage of all employees in private firms up to the age of 60, with a maximum monthly salary coverage that gets reviewed on a regular basis. Funds for the payment of the various benefits provided for come from premium payments shared by the employer and employees according to the schedule specified by the SSS law.
Membership in the Social Security System is for life. Once a member, the
person remains covered and protected against hazards of disability,
death, old age and sickness. 6.1.2. Employee’s Compensation
Lay personnel who incur expenses as a result of work connected injury,
sickness, disability or death receives financial protection, medical or
related benefits and rehabilitation services through the employment tax
exempt program created by the government. Parish pays the entire cost of
this employee’s compensation insurance and this is compulsory to all
parishes. 6.1.3. Thirteenth (13th) Month Pay (P.D. 851) The parish is required to pay its employees, whether working on a probationary, contractual, seasonal or regular basis, regardless of the nature of their employment and irrespective of the method by which their wages are paid provided they worked for at least one month during a calendar year. 13th Month Pay should be given to the employees not later than December 24 of every year. For those who worked for less than a year, 13th month pay shall be computed pro rata. The minimum 13th month pay required by law shall not be less than 1/12 of the total basic salary earned by the employee within a calendar year. It shall not be considered a part of the regular wage of the worker/employee for purposes of determining overtime and premium pay, fringe benefits, as well as premium contributions to the SSS, Philhealth and HDMF. Earnings and other remunerations that do not form part of the basic salary like fringe benefits are not included in the computation for the 13th month pay.[52]
In addition to the retirement benefits under SSS, the Labor Code[53] provides that a retiring employee, upon reaching the early retirement age of 60 (Optional Retirement)[54] or the late retirement age of 65 (Compulsory Retirement)[55] or upon completion of 30 years of service which is preferred by both the employer and the employee, shall be entitled to all the retirement benefits provided therein or to termination pay equivalent to at least one-half month salary for every year of service, a fraction of at least 6 months being considered as one whole year. Provided he/she has served for at least five years as an employee. The basis for computation is the latest basic salary of the employee.[56] Unless the parties provided for broader inclusions, the term one-half (1/2) month salary shall mean: [57]
a)
fifteen (15) days, plus The formula of computation is:[58] One-half month salary = (15 days x latest salary per day) + (5 days incentive leave x latest salary per day) + (1/12 of 13th month pay x latest salary per day) Minimum Retirement Pay = number of years of service x One half month salary Violation of this provision is hereby declared unlawful and subject to the penal provisions provided under Article 288 of the Labor Code (As amended by R.A. 7641).[59] It should be noted that retirement benefit is different from the separation pay (see 6.1.8 Separation Pay) and SSS Retirement Pay[60] is separate from Retirement Pay under the Labor Code[61].
6.1.5. PAG-IBIG Fund Benefits
PAG-IBIG is a housing and provident fund where member employees may
avail of a multi-purpose or housing loan. It is likewise a savings
program where the employee’s contribution is matched by an equal
contribution from employer earning dividends and collectible upon
maturity, retirement at age 65 or in case of total disability, insanity
or permanent departure from the country. 6.1.6.Sickness/Medical Care program (Philhealth)
Being an SSS member, an employee is automatically covered by the
Medicare program, the premiums of which are shared by the employer and
the employee. 6.1.7. Paternity Leave (Republic Act No. 8187) Paternity Leave is granted to all married male employees of the Parish regardless of employment status (e.g. regular, probationary, casual or contractual) the purpose of which is to allow the husband to lend support to his wife during her period of recovery or in the nursing of their newborn child. It shall apply to the first four (4) deliveries of the employee’s lawful wife. Where the employee and his wife do not live together because of work situation, still the male employee is entitled to Paternity Leave. The leave notice must be filed on the seventh (7th) month of the pregnancy. Where the lawful wife suffered spontaneous abortion, notice may be filed within a week thereafter. To avail of the Seven (7) day leave with pay consisting of the basic salary and other mandatory allowances, notice may be made before the delivery. The conditions for entitlement of the said leave are as follows:
a.
The employee applying for Paternity Leave must have been an employee of
the Parish at the time of delivery; 6.1.8. Separation Pay (LCP Art. 283-284) An employee’s entitlement to separation pay depends on the reason or ground for the termination of his services. An employee maybe terminated for just causes generally, may not be entitled to separation pay. On the other hand, where the termination is for authorized causes, separation pay is due. An employee is entitled to receive a separation pay the equivalent to one month pay or one-half month pay whichever is higher for ever year of service, a fraction of at least six months being considered as one whole year, if his separation from the service is due to any of the following causes: Retrenchment to prevent losses; Closure or cessation of operation of an establishment not due to serious losses or financial reverses; When the employee is suffering from a disease not curable within a period of six months and his continued employment is prejudicial to his/her health or to the health of his/her co-employees. Thus, if an employee had been in the service for at least six months but less than a year, he/she is entitled to one full month’s pay as his/her separation pay is his/her separation is due to any of the causes enumerated above. An employee is entitled to separation pay equivalent to his/her one month pay for every year of service, a fraction of at least six months being considered as one year if his/her separation from service is due to any of the following: Installation by employer of labor-saving devices; Redundancy; Impossible reinstatement of the employee to his/her former or to a substantially equivalent position for reasons not attributable to the fault of the employer.
6.1.9. Holiday Pay Every employee covered by the Holiday Pay Rule is entitled to his/her daily basic wage for any un-worked regular holiday. This means that the employee is entitled to at least 100% of his/her basic wage even if he/she did not report for work, provided he/she is present or is on leave of absence with pay on the work day immediately preceding the holiday. Work performed on that day merits at least twice (200%) the basic wage of the employee. There are ten (10) regular holidays in a year under Executive Order No. 203, namely: New Year’s Day, Holy Thursday, Good Friday, Araw ng Kagitingan, Labor Day, Independence Day, National Heroes Day, Bonifacio Day, Christmas Day and Rizal Day.
6.1.10. Maternity Leave/Benefits This is under Social Security Law.
6.1.11. Vacation Leave/Service Incentive Leave (SIL) Every lay personnel who has rendered at least one year of service with the Parish is entitled to a service incentive leave of five days with pay. The Service Incentive Leave (SIL) may be used for sick and vacation leave purposes. This is not accumulated year after year and is not convertible to cash. The unused SIL is commutable to its money equivalent at the end of the year. In computing, the basis shall be the salary rate at the date of commutation. Since SILs are worked on a calendar basis, they must be taken at a time convenient to the Parish’ schedules.
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