REVOCATION OF THE CERTIFICATE OF EXEMPTION UNDER RA11210 or “105 – DAY EXPANDED MATERNITY LEAVE LAW”

Read also: Further Empowering Rights of Women: Highlights of Republic Act No. 11210 or the “105-Day Expanded Maternity Leave Law”

• The DOLE Regional Director or his/ her duly authorized representative may revoke the Certificate of Exemption issued to the establishment after due process.

• The DOLE Regional Director or his/her duly authorized representative may conduct a clarificatory hearing within seven (7) working days from receipt of complaint.

• The DOLE Regional Director or his/ her duly authorized representative shall resolve the case within ten (10) working days from the date of the last hearing and the Order shall be final and not appealable.

RA 11210 or “105 – Day Expanded Maternity Leave Law” provides that all covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child, shall be granted one hundred five (105) days maternity leave with full pay and an option to extend for an additional thirty (30) days without pay.

Employers from the private sector shall be responsible for payment of the salary differential between the actual cash benefits received from the SSS by the covered female workers and their average weekly or regular wages, for the entire duration of the maternity leave.

The following however are exempted from paying salary differential of employees who availed the maternity leave benefit:

1. Those operating distressed establishments;
2. Those retail/service establishments and other enterprises employing not more than ten (10) workers;
3. Those considered as micro-business enterprises and engaged in the production, processing, or manufacturing of products or commodities including agro-processing, trading, and services, whose total assets are not more than Three Million Pesos (₱3,000,000.00); and
4. Those who are already providing similar or more than the benefits herein provided.

There are however instances when the Certificate of Exemption may be revoked.

Department Advisory No. 01 Series of 2019 or “Guidelines on the Computation of Salary Differential of Female Workers During Her Maternity Leave and Its Criteria for Exemption Pursuant to Republic Act No. 11210 And Its Implementing Rules and Regulations” provides that:

The DOLE Regional Director or his/her duly authorized representative shall revoke the Certificate of Exemption issued to the establishment after due process, based on any of the following grounds:

1. Misrepresentation of facts in the application;
2. Submission of falsified or tampered application or supporting documents
3. Non-compliance with labor standards and working conditions;
4. Non-compliance with rules and regulations of the Social Security System, Home Development Mutual Fund; Philippine Health Insurance Corporation or Employers’ Compensation Commission;
5. Collecting any fees not authorized by law and other applicable rules and regulations; or
6. Violation of any provision of the Labor Code of the Philippines.

The DOLE Regional Director or his/her duly authorized representative may conduct a clarificatory hearing within seven (7) working days from receipt of complaint. The proceedings shall be summary in nature.

The conduct of hearings shall be terminated within ten (10) working days from the first scheduled clarificatory hearing. The DOLE Regional Director or his/her duly authorized representative shall resolve the case within ten (10) working days from the date of the last hearing. The Order shall be final and not appealable.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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