POLICY ON TARDINESS

Dear Atty.

I just want to clarify if our rules is fair for both parties (employee & employer)

In tardiness,

1- 3 no. of Later subject for reprimand(when they reach 3 times of lates they will receive reprimand letter)
3-6 - subject for 1 day suspension
6-9 subject for 2 days suspension
when they reached 12 lates within 3 month they will be dismissed.
Reset is every three months.
Please clarify.

Also,

I would like to ask, if its possible that a payment or salary pattern of the employees can be change by employer:

Since we are now using MONTHLY PAID. We are planning to be a DAILY PAID instead.

Is it possible after having a memo for the employees?


Last question,

Why the ruling of DOLE is so confusing, wherein they put in there
the NO WORK NO PAY RULES without indication if its applicable for MONTHLY & DAILY?

Thank you very much.

internal rules set by employer is part of management prerogative. if employee does not agree with the rules, they are free to get out or look for another job. but in some cases, you can question this to NLRC.

as long as your are paid with your work, whether it's daily, weekly, monthly or even hourly, it's legal. what the law prohibit is involuntary servitude where a worker is not paid for his service rendered.

DOLE ruling is not confusing. the presumption is, employer should pay its worker, regardless if it's monthly or daily basis.

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In all cases, feel free to read Labor Code Chapter III and IV, pag may mga articles dun na sa tingin mo ay na-violate, you can go to NLRC to file a labor case.

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Art. 102. Forms of payment. No employer shall pay the wages of an employee by means of promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly requested by the employee.
Payment of wages by check or money order shall be allowed when such manner of payment is customary on the date of effectivity of this Code, or is necessary because of special circumstances as specified in appropriate regulations to be issued by the Secretary of Labor and Employment or as stipulated in a collective bargaining agreement.
Art. 103. Time of payment. Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. If on account of force majeure or circumstances beyond the employer’s control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.
The payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award:
1. That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed;
2. That final settlement is made upon completion of the work.

I understand your point.

But there were cases that staff taking advantage on the employer's side. They will not be bother to come to work if its special holiday.
Thinking that they are paid already. That is monthly paid ruling.

So to avoid that we are planning to change our monthly paid to a daily paid.

Is it possible?

You will have to change your employment contract (which is most probably will not be applicable to regular employers since you cannot force them to sign new employment contracts if they don't like it)

I've seen contracts common using any ONE of the following:
1. your annual salary is P130k
2. your monthly salary is P10k
3. your daily wage is P455
4. others like hourly, or per project, etc

Imho, changing formats changes the contract and employers has to sign it, otherwise, you may get lots of valid legal complaints

Since the company just started last year I hope we can find ways.
So as to be fair for the employer.

Anyway I'm Admin representative. And I just want to be fair for both parties.
Since Hourly is not stipulated on Labor Law, we'll use daily instead.

We only 43 staff and 13 are DAILY paid already since day 1 of their employment.

atty_kristeto_makatao wrote:You will have to change your employment contract (which is most probably will not be applicable to regular employers since you cannot force them to sign new employment contracts if they don't like it)

I've seen contracts common using any ONE of the following:
1. your annual salary is P130k
2. your monthly salary is P10k
3. your daily wage is P455
4. others like hourly, or per project, etc

Imho, changing formats changes the contract and employers has to sign it, otherwise, you may get lots of valid legal complaints

ikaw na po atty! wootz!