Risks of misclassification
The Philippine labor market is competitive, and attracting top talent often requires companies to offer attractive compensation packages that include benefits like health insurance, performance incentives, and career development opportunities.
Companies tend to prioritize candidates with a strong educational background and relevant experience. Graduate recruitment programs are commonly offered by large corporations, particularly in sectors like IT, customer service, and engineering, providing young professionals with a structured entry into their careers.
In the Philippines, the standard parameters of employment are as follows:
- Working Hours (Varies by company): Typically 8 hours a day, Monday to Friday, with a maximum of 48 hours per week for regular employees.
- Probation Period (Varies by company): Commonly lasts 6 months, allowing employers to assess a candidate’s performance and suitability before offering permanent employment.
- Payroll Cycles: Pay cycles in the Philippines are generally semi-monthly (this is mandatorily requirement by DOLE)
- Official Deductions: Deductions include income tax, Social Security System (SSS), Philippine Health Insurance Corporation (PhilHealth), and Home Development Mutual Fund (Pag-IBIG).
- Working Hours: Typical work hours in Philippines – 9 am to 6 pm, Monday to Friday, with a 1-hour lunch break.
- Public Holidays: These vary and are categorized as regular holidays or special non-working holidays, as determined by the government.
- Casual/Sick Leave: Employees are entitled to between 5 to 15 days of casual or sick leave annually, depending on company policy.
- Maternity & Paternity Leave: Female employees receive 105 days of paid maternity leave, which can be extended by 30 days unpaid. Fathers are entitled to 7 days of paid paternity leave.
- Earned Leave: Typically, employees are granted 10 to 15 days of vacation leave annually, depending on company policy.
The payroll process in the Philippines is structured around the employee’s gross salary, with specific statutory deductions:
- Take-Home Pay = Gross Salary – Statutory Deductions (Income Tax, SSS, PhilHealth, Pag-IBIG).
- Salary After Tax: This refers to the net income that the employee takes home after mandatory deductions such as taxes and government-mandated contributions.
- Total Tax Due: Includes income tax and mandatory contributions to SSS, PhilHealth, and Pag-IBIG.
- Payroll Cycle: The typical payroll cycle is semi-monthly (15th and 30th) or monthly, depending on company policy.
- 13th Month Salary: Employers are required to pay a 13th-month salary, equivalent to one-twelfth of an employee’s annual basic salary, no later than December 24th each year.
- Overtime: Overtime pay is mandatory if employees work beyond 8 hours a day or during rest days, public holidays, or special holidays. Overtime pay rates are set according to the Labor Code, with premiums differing based on the type of workday.
1. Understand the visa process
2. Choose the Right Business Visa
- 9(d) Treaty Trader’s Visa: Available for nationals of countries with trade agreements with the Philippines. This visa allows you to engage in substantial trade or establish a business.
- 9(g) Pre-Arranged Employment Visa: Issued to foreign nationals employed in executive, managerial, or specialized roles within a Philippine-based company.
3. Business Registration Process
Once you have the appropriate visa, you need to follow these steps to register your business:
- Select your business structure (Sole Proprietorship, Partnership, or Corporation).
- Register your business name with the DTI for sole proprietorships or the SEC for corporations.
- Obtain necessary permits such as the Barangay Clearance, Mayor’s Permit, and BIR Registration.
4. Taxation and Compliance
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