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Hello Attorneys!
I'm seeking your advice as to what actions i could take regarding this unusual practice by my employer.
Sa lahat po ng local holidays (special, regular, national etc) hindi po kami binabayaran ng employee namin ng holiday pay nor was there any offsetting leaves offered. Ang sinabi pong reason ng employer ay dahil kami ay "managerial" level whereas we are only managers by title (think: account manager, project manager etc)
And with some reasearch, by definition sa Book V chapter II Art. 121 item 13. ng Labor Code, hindi kami managers:
"Managerial employee" is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. All employees not falling within any of the above definitions are considered rank-and-file employees for purposes of this Book.
At minsan din nilang sinubukan gamitin ang incentives o "commissions" na nakukuha namin paminsan minsan (na parang di naman commission kasi hindi siya galing sa sales ~ di po kami nagbebenta) kaya daw di na kelangan ng holiday pay. Pero ang mas sinistress nila na reason ay yung sa pagiging "managers" namin.
Tama po ba yung grounds nila for not granting Holiiday pay sa employees? And for ex-employees na wala na sa kumpanya, can they still file a claim for salary due to them on holidays na nagrender sila ng work? Lastly, will a victory in this case force the employer (by NLRC or DOLE) to grant holiday pay to its employees moving forward at hindi na yung kelangan pa magfile ng complaint ng employee sa NLRC bago mabayaran ang holiday pay nila?
Maraming salamat po!!
I'm seeking your advice as to what actions i could take regarding this unusual practice by my employer.
Sa lahat po ng local holidays (special, regular, national etc) hindi po kami binabayaran ng employee namin ng holiday pay nor was there any offsetting leaves offered. Ang sinabi pong reason ng employer ay dahil kami ay "managerial" level whereas we are only managers by title (think: account manager, project manager etc)
And with some reasearch, by definition sa Book V chapter II Art. 121 item 13. ng Labor Code, hindi kami managers:
"Managerial employee" is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. All employees not falling within any of the above definitions are considered rank-and-file employees for purposes of this Book.
At minsan din nilang sinubukan gamitin ang incentives o "commissions" na nakukuha namin paminsan minsan (na parang di naman commission kasi hindi siya galing sa sales ~ di po kami nagbebenta) kaya daw di na kelangan ng holiday pay. Pero ang mas sinistress nila na reason ay yung sa pagiging "managers" namin.
Tama po ba yung grounds nila for not granting Holiiday pay sa employees? And for ex-employees na wala na sa kumpanya, can they still file a claim for salary due to them on holidays na nagrender sila ng work? Lastly, will a victory in this case force the employer (by NLRC or DOLE) to grant holiday pay to its employees moving forward at hindi na yung kelangan pa magfile ng complaint ng employee sa NLRC bago mabayaran ang holiday pay nila?
Maraming salamat po!!
