By Liezelle Soriano
MANILA — The Department of Labor and Employment (DOLE) has issued updated implementing rules and regulations (IRR) for Republic Act No. 11360, commonly known as the Service Charge Law.
The revisions aim to ensure the fair and equitable distribution of service charges to all eligible employees in establishments implementing service charges.
The new IRR explicitly emphasizes the non-diminution of benefits, safeguarding the existing benefits enjoyed by covered employees. DOLE clarified that all employees, regardless of position, designation, or employment status, are covered by the revised rules, except managerial employees.
The DOLE emphasized, “Saklaw ang lahat ng mga empleyado maliban ang mga ‘managerial employees’ na tinutukoy dito, anuman ang kanilang posisyon, pagkakatalaga, o estado ng kanilang empleyo, at anuman ang paraan kung paano binabayaran ang kanilang mga sahod.”
The revised guidelines also introduce conciliation through the Single-Entry Approach (SENA), providing an avenue for resolving disputes related to service charge distribution.
Additionally, Section 8 of the new IRR incorporates monitoring mechanisms for compliance. DOLE’s regional, provincial, field, and satellite offices are mandated to oversee private establishments, ensuring adherence to Department Order No. 239, series of 2023, also known as the Rules of Administration and Enforcement of Labor Standards Under Article 128 of the Code.
(el Amigo/MNM)
