Legal ba ang Forced Leave w/out Pay?

**wowiesy** · November 21st, 2008 08:11 PM

Originally Posted by Cathy_for_you

OT: Pano naman kung gusto ko mag leave tapos ayaw ako payagan? Entourage kasi ako sa wedding ng cousin ko pero sabi boss ko malabo daw ako makapag leave

Wala pa kasi ako 1 month sa company e may training sa araw na yun.

1. check your appointment documentation. kung 1 month ka pa lang.. malamang probationary ka pa lang.. as you said, you're still on training... malamang hindi pa same level ng benefits mo compared to the regular / permanent ones na... your hope is kung nasa documentation ng appointment mo yung leave na papayagan ka... then you can go and take your leave.. lesser ang risk na this leave will be taken against you (but there is no guarantee that they will never take this against you)...

2. pag walang policy na pupuwede mag leave ang isang gaya mo na 1 month pa lang sa company, the worst thing that could happen is they take this against you... and it will affect your evaluation ... probably hindi ka pa maging regular... pero pag nasa policy na pupuwede... you can take the leave.. but they can always take it against you in one way or another... and that leaves you on the defensive...

my advice, you should know your priorities.. if you have big plans on this job na you think you have a very good potential to make it good... talk to your cousin na lang... and hope maintindihan nya.... but if you see this job just as a job... then okay lang na you take a leave, knowing na they can take this against you in the future... (now if they don't , then pasalamat na lang)...

**1D4LV** · November 24th, 2008 11:15 AM

Originally Posted by Cathy_for_you

OT: Pano naman kung gusto ko mag leave tapos ayaw ako payagan? Entourage kasi ako sa wedding ng cousin ko pero sabi boss ko malabo daw ako makapag leave

Wala pa kasi ako 1 month sa company e may training sa araw na yun.

talk to your supervisor for arranging it, pero most probably, leave without pay yan dahil bago ka pa lang.

**working pinoy** · December 18th, 2008 09:23 AM

Thanks sa lahat ng nag-post dito. Very helpful talaga. Kasi my officemates and I need info, as our U.S.-based and Indian-managed firm is planning to put us on forced leave to cut labor cost. Kasi the payment for our 5 holidays is based on our report production seven days before the holidays. In the past kasi, we worked really very hard to increase our production, kaya matataas ang mga holiday pays namin. Ngayon, yon ang naisipan nilang i-target for cost-cutting.

And I was surprised that the Labor Code has no regulations specifically addressing the issue of forced leave. Termination, separation, meron, pero, forced leave, wala akong makita.

I googled "forced leave legal ba?" at itong forum na ito ang lumabas. And I'm glad I was led to this forum, kasi very interesting pala. Parang sa general-interest forum din kung saan ako member, na interesting din ang mga topics (ie: business) kahit cars ang focus.

Anyway, thanks everyone who posted their "forced leave" views. I'm gonna show these to my officemates.

Merry Christmas. I'm gonna come back and read posts.

**icon** · December 19th, 2008 08:25 PM

i heard there are companies na nagpapa-advance leave naman. their version of leave w/o pay. not sure kung pano ang computation ng sweldo in this case, maybe paid in full pa din pero ubos mo na leaves mo for next year. parang mas maganda yng ganito since ang thinking is mabagal ang dating ng work ngayon pero it will pick up soon.

may question din ako, what if nagredundancy but since you have to wait for i assume 30 days before you get your last pay and separation pay eh biglang di binigay ng employer? I don't think outright ang bigayan ng separation pay. lawyer and lawsuit na ba ang dapat?

**wowiesy** · December 19th, 2008 11:31 PM

Originally Posted by icon

may question din ako, what if nagredundancy but since you have to wait for i assume 30 days before you get your last pay and separation pay eh biglang di binigay ng employer? I don't think outright ang bigayan ng separation pay. lawyer and lawsuit na ba ang dapat?

sa ganitong pagkakataon there are possible scenarios:

- employer announces the redundancy .. but gives the separation pay during the announcement or shortly after.. then yung remainder of the 30 days (due to the 30 day notice) papasok ka pa rin (your option.. or pwede din na hindi na although sayang pa rin yung 30 days pay).. this is the best scenario so kung sakali, try to negotiate or pakiusap na ganito na lang..

- some companies also give the separation pay and the 30 day pay up front .. di ko maalala now yung tawag dito... parang yng 30 days eh paid and yet you are being given the 30 days by the employer to look for other work instead of waiting for the lapse nung 30 days before you star looking...

- yung iba, installment ang separation... dito medyo risky since kung hindi sumunod ang employer sa installment schedule eh maghahabol pa sa nlrc.. although kung talagang walang cash flow ang employer.. some employees pumapayag na rin kesa sa wala....

- in the case na talaga walang binayad ang employer... NLRC na talaga or DOLE...

**ab_initio** · December 19th, 2008 11:52 PM

whenever an entitlement to forced leave accrues, one is entitled to enjoy it without deducting it from one's salary whenever an employee avails of it. from Sir Boy's query, what the company is about to do would mean a diminution of an employee's benefits, which is a violation of Sec. 100 (if i remember it right), Labor Code of the Philippines. whether an employee uses the forced leave or not, it won't affect his take home pay. this is designed by law to ensure the wellness of an employee that is to take 5 days off per year, just in case an employee would want to monetize all his leave credits for vacation. forced or mandatory leave can't be monetized.

**ab_initio** · December 19th, 2008 11:58 PM

Originally Posted by icon

may question din ako, what if nagredundancy but since you have to wait for i assume 30 days before you get your last pay and separation pay eh biglang di binigay ng employer? I don't think outright ang bigayan ng separation pay. lawyer and lawsuit na ba ang dapat?

the 30 day period that the law is talking about refers to the giving of notice of the planned reduction of workforce. notice first before terminate. say for example, employer wants redundancy to take effect on december 30. notice should have been made on the 30th of november. employee doesnt have to wait for 30 days before he gets paid of the days served already.

**ab_initio** · December 20th, 2008 12:05 AM

Originally Posted by working pinoy

Thanks sa lahat ng nag-post dito. Very helpful talaga. Kasi my officemates and I need info, as our U.S.-based and Indian-managed firm is planning to put us on forced leave to cut labor cost. Kasi the payment for our 5 holidays is based on our report production seven days before the holidays. In the past kasi, we worked really very hard to increase our production, kaya matataas ang mga holiday pays namin. Ngayon, yon ang naisipan nilang i-target for cost-cutting.

And I was surprised that the Labor Code has no regulations specifically addressing the issue of forced leave. Termination, separation, meron, pero, forced leave, wala akong makita.

I googled "forced leave legal ba?" at itong forum na ito ang lumabas. And I'm glad I was led to this forum, kasi very interesting pala. Parang sa general-interest forum din kung saan ako member, na interesting din ang mga topics (ie: business) kahit cars ang focus.

Anyway, thanks everyone who posted their "forced leave" views. I'm gonna show these to my officemates.

Merry Christmas. I'm gonna come back and read posts.

meron yan. forced is otherwise known as mandatory. during the legal holidays that an employee is not suffered to work, he is still paid-regular pay. but when the employer asks an employee to extend overtime service during legal holiday, he shall be paid an additional 100 percent. (i'll check my bible some other time, pag numbers and compute kasi, iniiwasan ko...dudugo ang ilong ko, unless kailangan talaga).

**ab_initio** · December 20th, 2008 12:12 AM

just remember that a mandatory leave is mandated by law over and above the accrued leave credits. if employee, because of his love for his job, he may not avail of this and be present every working day all year round. in this sense, he is deemed to have waived his entitlement to forced leave.

**ab_initio** · December 20th, 2008 12:51 AM

Originally Posted by jedi

imho its an unfair labor practice... lalo na kung ngayong december tatapat yung leave nila... at walang pay... it means pati yung sa christmas, new year and rizal day... hindi sila mababayaran?

these legal holidays are paid na. kung papasukin ka pa ng employer, additional 100% over and above your daily wage. forced leave if within the year remains unused, the same is deemed waived. it does not in any way affect one's daily wage. kung sinipag ang employee at maglalagare siya...ok lang, di na cya babayaran pag di niya i avail. waived lang. mutually exclusive siya e, di pwede i monetize.