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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Every employee who has rendered at least one (1) year of service is entitled to Service Incentive Leave (SIL) of five (5) days with pay. This benefit applies to all employees, subject to certain exemptions.
Every employee who has rendered at least one (1) year of service is entitled to Service Incentive Leave (SIL) of five (5) days with pay.
The law says:
“Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.
This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.
The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.” (Article 95, Labor Code)
The benefit of Service Incentive Leave applies to all employees, subject to certain exemptions.
The law says:
“Every employee who has rendered at least one (1) year of service is entitled to Service Incentive Leave (SIL) of five (5) days with pay.
This benefit applies to all employees except:
- Government employees, whether employed by the National Government or any of its political subdivisions, including those employed in government-owned and/or controlled corporations with original charters or created under special laws;
- Persons in the personal service of another;
- Managerial employees, if they meet all of the following conditions:
3.1 Their primary duty is to manage the establishment in which they are employed or of a department or subdivision thereof;
3.2 They customarily and regularly direct the work of two or more employees therein; and
3.3 They have the authority to hire or fire other employees of lower rank; or their suggestions and recommendations as to hiring, firing, and promotion, or any other change of status of other employees are given particular weight.
- Officers or members of a managerial staff, if they perform the following duties and responsibilities:
4.1 Primarily perform work directly related to management policies of their employer;
4.2 Customarily and regularly exercise discretion and independent judgment;
4.3 Regularly and directly assist a proprietor or managerial employee in the management of the establishment or subdivision thereof in which he or she is employed; or (b) execute, under general supervision, work along specialized or technical lines requiring special training, experience, or knowledge; or (c) execute, under general supervision, special assignments and tasks; and
4.4 Do not devote more than twenty percent (20%) of their hours worked in a workweek to activities which are not directly and closely related to the performance of the work described in paragraphs 4.1, 4.2, and 4.3 above;
- Field personnel and those whose time and performance is unsupervised by the employer;
- Those already enjoying this benefit;
- Those enjoying vacation leave with pay of at least five (5) days; and
8. Those employed in establishments regularly employing less than ten (10) employees.” (2022 Handbook on Workers’ Statutory Monetary Benefits)
Related article: Service Incentive Leave
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