Employees entitled to 100% service charge regardless of status - NAPC

By Ma. Teresa Montemayor

February 19, 2024, 10:11 pm

<p>National Anti-Poverty Commission Formal Labor and Migrant Workers Sector alternate Sectoral Representative Danilo Laserna<em> (Photo courtesy of NAPC)</em></p>

National Anti-Poverty Commission Formal Labor and Migrant Workers Sector alternate Sectoral Representative Danilo Laserna (Photo courtesy of NAPC)

MANILA – Regular and non-regular employees will soon be entitled to receive 100 percent of the service charge paid by customers, the National Anti-Poverty Commission (NAPC) said Monday.

In a Bagong Pilipinas Ngayon interview, NAPC Formal Labor and Migrant Workers Sector Alternate Sectoral Representative Danilo Laserna said the implementing rules and regulations of Republic Act 11360, or an act on service charges collected by hotels, restaurants and similar establishments, have been revised.

Under Department of Labor and Employment (DOLE) Order No. 242, regular and non-regular employees — including contractual and agency workers— are covered, except for managerial employees.

“…Kasama iyong mga security guards, iyong mga chef, mga cooks ay kasama lahat dapat dito sa service charge na ito (security guards, chef, cooks must be included in this service charge),” Laserna said.

“Dati kasi, 85 percent ay mapupunta sa manggagawa at iyong 15 percent sa management (Before, 85 percent goes to the workers, and 15 percent goes to the management),” he added.

Service charge is collected by some hotels, restaurants and other similar establishments, in addition to the customers’ bills for services rendered.

Laserna said labor inspection of the establishments is important to ensure proper distribution of the service charge.

Concerned employees who are unable to receive their share of the service charge collected may complain to the DOLE or request assistance from the NAPC. They may also do so anonymously.

“Sa labor inspection ay maraming klaseng porma, puwedeng (In labor inspection, there are different types, forms). I mean anonymous complaint,” Laserna said.

He clarified that service charge is different from tips given by customers.

He added customers may give tips for workers of establishments where service charge is not collected as its collection is not necessary. (PNA)