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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Exceed allowable leaves last year and company company forcing me to go LWOP.

Exceed allowable leaves last year and company company forcing me to go LWOP.

4 posters

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richard.elento


Arresto Menor

Hi,

I've exceeded the total allowable leaves last year and my manager is now forcing me to go LWOP to compensate the 3 days un-filed leaves last year and also requires me to report to work on those days even though its without pay.

Can I know if this is fair?

Thanks in advance.

richard.elento


Arresto Menor

any lawyer or knowledgeable on this matter could help me? thanks

stargazer


Arresto Mayor

technically, you were already LWOP last year since you had exceeded the allowable leaves last year. payroll dept needs to deduct 3 days worth from your salary.

for this year, if you go on leave again, it should be deducted from your earned leave credits this year (if any).

richard.elento


Arresto Menor

thanks for the advise stargazer.

What makes me ask this question is the fact that my manager requires me to render service this year for the 3 days even if its LWOP.

The 3 days exceeded leaves last year was paid or billed to a project.

My manager proposed that I should go LWOP this year AND THE SAME TIME RENDER SERVICE IN WHICH I THINK NOT FAIR.

Do you agree the same?

Thanks in advance.

Patok


Reclusion Perpetua

i think what happened is they paid you for those leaves that you shouldnt be paid because you have already exhausted your leave credits.

why not talk to them and tell them just deduct the 3 days in your leave credits for this year.

richard.elento


Arresto Menor

I think that they wont be allowing me to deduct it to my leave credits this year. My manager's reason was that the 3 days exceeded was billed to a project last year thus he's requiring me to render service without pay for 3 days to balance things out which on my part is unfair.

attyLLL


moderator

even if they billed it, was it paid to you? if not then you don't have to render any additional service.

https://www.facebook.com/BPOEmployeeAdvocate/

richard.elento


Arresto Menor

attyLLL wrote:even if they billed it, was it paid to you? if not then you don't have to render any additional service.

Thanks attLLL Smile

Yes it was paid. So do you think its fair that the company gets it back thru LWOP with rendered service?

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