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Payment of Holidays

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1Payment of Holidays Empty Payment of Holidays Fri Jan 07, 2011 3:18 pm

aldreiyavi


Arresto Menor

Warm greetings!

May I please seek legal advice regarding the payment of holidays? In my current employer, we are considered as daily paid so only legal holidays are paid. However, it's been the practice of the company to pay November 1 (being a special holiday) because it is included in our National Staff Employment Condition as paid holiday. Our Regional Office is reviewing the list of holidays in the Employment Conditions and they would want to exclude November 1 in the paid holidays.

My question is can we defend that they could not exclude it because it has been enjoyed by the employees for several years already? If yes, we will need to provide them with documentation and labor ruling.

Appreciate your advice.

Thank you and more power.
Vilma

2Payment of Holidays Empty Re: Payment of Holidays Sat Jan 08, 2011 11:25 am

attyLLL


moderator

what were you being paid before, 100% premium or 30%? what will the company do, reduce it to 30% or 0%?

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3Payment of Holidays Empty Re: Payment of Holidays Mon Jan 10, 2011 7:53 am

aldreiyavi


Arresto Menor

We used to be paid 100% equivalent to regular holiday pay. However, the management would want to exlude it from the list of company-recognized holiday. In effect, no-work no pay applies or the employee could file it against his/her remaining vacation leaves.

4Payment of Holidays Empty Re: Payment of Holidays Wed Jan 12, 2011 12:14 am

attyLLL


moderator

the company cannot pay you less than the additional 30% premium if you work, or 100% if you do not.

you can either write to management or report the matter to DOLE and hopefully they will investigate the policy of the company.

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