Legal ba ang Forced Leave w/out Pay?

[jabembi]

hi to all po..

im an engineer here at clark pampanga..

naging practice na sa company namin (Manufacturing Semicon) na kapag kaunti lang order / sales or input hindi namin pinapasok ang mga operators (DAILY PAID)..so wala silang bayad..kasi no work no pay..usually 1- 5 days maximum lalu na from january to june usually..

pero sa aming mga monthly paid..ang ginagawa ng HR namin is hindi kami papasukin for example ng saturday..den we have to use our leave credits..

before yung bagong ruling sa flexible work sched, hindi magdedeclare ng temporary shutdown ang company..kasi usually 1-2 departments lang ang walang pasok..

ang tanong ko..pls help po..

1. Legal bayung ginagawa nila na papagamit sa aming monthly paid ang leave credits namin considering salaried employees kami?

2. Ano ba tlg ang difference ng monthyl sa daily paid in the first place?

THANK YOU PO..

[FWC]

1. Legal bayung ginagawa nila na papagamit sa aming monthly paid ang leave credits namin considering salaried employees kami?

Yes, it is. The DOLE advisory on flexible work arrangements specifically mentions this:

Ill. Flexible Work Arrangements

The following are the flexible work arrangements which may be considered, among others:

• Forced Leave refers to one where the employees are required to go on leave for several days or weeks utilizing their leave credits if there are any.

2. Ano ba tlg ang difference ng monthyl sa daily paid in the first place?

Aside from the mode of payment, monthly-paid employees are considered paid for all days of the year, including all holiday (but excluding rest days). That means if there are holidays, they do not get extra pay unless they report for work, in which case they would earn holiday pay.

Daily-paid employees, on the other hand, are paid on a daily-basis. If there are regular (or legal) holidays, they get a holiday pay even if they don't work. On special holidays, they do not get paid unless they report for work.

Kaya nga masaklap sa daily-paid workers pag maraming special holidays kasi no-work, no-pay sila. Monthly-paid employees, on the other hand, still receive their salaries in full.