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Hi. I'm currently working as a Sales Assistant here in our Company in Pasay City. I started in our company as a trainee on December 2011. I signed my Probationary appointment April 2012 and then became a regular employee December 2012. By the following month (Jan 2013) I got sick and was out of the office for about a week. So assuming based on the labor code "the 1 year continues service" I filed my SL for the days I was out (with medical cert). But our Admin Manager didn't approved my leave for the reason that I need to render 1 more year after my regularization period. He said that our company policy states and according to Article III Sec 7 of our Company Policy:
Vacation Leave : "Every officer or employee who has been given his regular appointment shall be entitled to seven to fifteen (7-15) days vacation leave with full pay, depending on the number of years of service, the same to be availed only after one (1) year of continuous service".
According to our Management, the Training period is not included in the 1 year continuous service period of the labor code but I insisted that it is included. I have worked for other companies prior to them that's why I believe that my case is correct. They even ask me to produce documents coming from DOLE to present to them to justify my claim. I called up DOLE and they informed me that I was entitled already for VL and SL by December 2012 but they can't produce any documents for me. Other employees also in our company are complaining about our policy. Some of them were entitled to receive Leaves more than 1 year after their regularization day.
I would like to know if I'm entitled already for incentive leaves or should I wait until September 2013?
Thank you for your time and I hope you can help me with my concern.
Vacation Leave : "Every officer or employee who has been given his regular appointment shall be entitled to seven to fifteen (7-15) days vacation leave with full pay, depending on the number of years of service, the same to be availed only after one (1) year of continuous service".
According to our Management, the Training period is not included in the 1 year continuous service period of the labor code but I insisted that it is included. I have worked for other companies prior to them that's why I believe that my case is correct. They even ask me to produce documents coming from DOLE to present to them to justify my claim. I called up DOLE and they informed me that I was entitled already for VL and SL by December 2012 but they can't produce any documents for me. Other employees also in our company are complaining about our policy. Some of them were entitled to receive Leaves more than 1 year after their regularization day.
I would like to know if I'm entitled already for incentive leaves or should I wait until September 2013?
Thank you for your time and I hope you can help me with my concern.
Last edited by nastydowg on Tue Apr 30, 2013 12:42 pm; edited 1 time in total (Reason for editing : typo)
