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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Salary concern

Salary concern

2 posters

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1Salary concern Empty Salary concern Tue Mar 14, 2017 9:06 am

anradajoe


Arresto Menor

I am newly hired working as manager with 50k fix monthly salary but monthly deductions of SSS, PHIC, Pag-ibig and BIR is not yet included. But my overtime pay and holiday pay is already included in my monthly fix salary.
My question is that can I complain and demand for my overtime pay and holiday?
Your help is very much appreciated.

2Salary concern Empty Re: Salary concern Tue Mar 14, 2017 9:47 am

lukekyle


Reclusion Perpetua

nope,
first off as a managerial level employee, as per article 82 of the labor code you are not entitled to overtime pay or holiday pay.

secondly even if you were not a manager, if your contract specifies that overtime and holiday pay is already included then you cannot ask for it again. the exception here is when the salary is not high enough that including holiday pay would render it lower than minimum wage. (for example if your monthly contract is only for P11,000.00)

3Salary concern Empty Re: Salary concern Tue Mar 14, 2017 9:49 am

lukekyle


Reclusion Perpetua

just so you know, managers are also not entitled to 13th month pay.

4Salary concern Empty Re: Salary concern Tue Mar 14, 2017 11:45 am

anradajoe


Arresto Menor

Thanks a lot sir. not really a manager but I am assigned in booking system managing handling customers. still another problem about sa service incentive leave, I am still entitled to avail because it was stated on my contract that overtime pay, holiday pay and paid leaves mandatory under the Phil. law is already included on my 50k monthly salary. or paid leaves should be separate?

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