Free Legal Advice Philippines
Would you like to react to this message? Create an account in a few clicks or log in to continue.
Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Service Incentive Leave

4 posters

Go down  Message [Page 1 of 1]

1Service Incentive Leave Empty Service Incentive Leave Thu Feb 20, 2014 3:04 pm

c8thyl0p3z


Arresto Menor

An employee was hired on March 2013 and resigned last October 2013. He was then re-hired last January 2014. The question is, is he qualified for service incentives leave this coming March 2014?

2Service Incentive Leave Empty Re: Service Incentive Leave Thu Feb 20, 2014 3:27 pm

council

council
Reclusion Perpetua

c8thyl0p3z wrote:An employee was hired on March 2013 and resigned last October 2013. He was then re-hired last January 2014. The question is, is he qualified for service incentives leave this coming March 2014?

No. The 2013 employment is a thing of the past - any leave conversions or payments for that year (including pro-rated) would have been paid out in October 2013.

http://www.councilviews.com

3Service Incentive Leave Empty Re: Service Incentive Leave Fri Feb 21, 2014 11:05 am

Patok


Reclusion Perpetua

employment date is Jan. 2014. So after 1 year pa sya qualified for SIL.

4Service Incentive Leave Empty Re: Service Incentive Leave Fri Dec 12, 2014 3:18 pm

iCyan


Arresto Menor

Hello,

An employee's job offer document indicates that upon hiring, she receives "5 incentive leaves per calendar year". She got hired November and started her work this December. Employment status is project based for indefinite no. of months. Upon confirming with the HR, one of them said that this employee is not yet allowed to have the SIL unless she is already 1yr employed in their company because she wants to use 1 SIL this month. But her status is just project based and for no definite months to stay. She doesn't signed her contract yet, just the job offer. Also, she doesn't have any copy of her job offer document, but she already signed it.

My question is,
1. is she really not allowed to get the 5 incentive leaves given she is employed for a project based in no definite time to stay, even it is written on her job offer?
2. assuming she is eligible for 5 incentive leaves per calendar year, as it is written on her job offer, will it reset on January 2015 and will recredit again the full 5 SILs?
3. is she also eligible to get her 1month part of her 13th month pay (December) this year, as it is also written in her job offer that she is eligible for a 13th month pay?

5Service Incentive Leave Empty Re: Service Incentive Leave Fri Dec 12, 2014 3:44 pm

council

council
Reclusion Perpetua

iCyan wrote:Hello,

An employee's job offer document indicates that upon hiring, she receives "5 incentive leaves per calendar year". She got hired November and started her work this December. Employment status is project based for indefinite no. of months. Upon confirming with the HR, one of them said that this employee is not yet allowed to have the SIL unless she is already 1yr employed in their company because she wants to use 1 SIL this month. But her status is just project based and for no definite months to stay. She doesn't signed her contract yet, just the job offer. Also, she doesn't have any copy of her job offer document, but she already signed it.

My question is,
1. is she really not allowed to get the 5 incentive leaves given she is employed for a project based in no definite time to stay, even it is written on her job offer?
2. assuming she is eligible for 5 incentive leaves per calendar year, as it is written on her job offer, will it reset on January 2015 and will recredit again the full 5 SILs?
3. is she also eligible to get her 1month part of her 13th month pay (December) this year, as it is also written in her job offer that she is eligible for a 13th month pay?

HR is correct - not eligible for SIL yet unless employed for at least 1 year already.

Employee is entitled to pro-rated 13th month pay.

http://www.councilviews.com

6Service Incentive Leave Empty Re: Service Incentive Leave Fri Dec 12, 2014 5:06 pm

iCyan


Arresto Menor

HR is correct - not eligible for SIL yet unless employed for at least 1 year already.

How about the one indicated in the job offer she signed, "Upon Hiring"? Should it be clearly specified there to be atleast one year employed?

7Service Incentive Leave Empty Re: Service Incentive Leave Fri Dec 12, 2014 5:30 pm

council

council
Reclusion Perpetua

iCyan wrote:HR is correct - not eligible for SIL yet unless employed for at least 1 year already.

How about the one indicated in the job offer she signed, "Upon Hiring"? Should it be clearly specified there to be atleast one year employed?

Yes, she receives ... subject to conditions imposed by law and/or policy.

http://www.councilviews.com

8Service Incentive Leave Empty Re: Service Incentive Leave Sat Dec 13, 2014 11:34 am

iCyan


Arresto Menor

She doesn't sign any contract yet, just a job offer. Can it be considered as legal document to prove that she is already employed in the company considering she already started her job?

Sponsored content



Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum