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  1. Join Date
    Oct 2002
    Posts
    1,114
    #1
    So no work no pay ba?

    Cause from the company where im working at, office management told us (sales) not to come to work since wala naman daw makukuhang transactions. But office admin has Work.

    Been trying to google up the exact laws for it but it seems iba't ibang taon, ibang presidente, iba rin ang patakaran.

  2. Join Date
    Nov 2002
    Posts
    1,326
    #2
    Quote Originally Posted by dieselNUBI View Post
    So no work no pay ba?

    Cause from the company where im working at, office management told us (sales) not to come to work since wala naman daw makukuhang transactions. But office admin has Work.

    Been trying to google up the exact laws for it but it seems iba't ibang taon, ibang presidente, iba rin ang patakaran.
    by effect of law.. pag Special Holiday, talagang No Work No Pay ... except na lang kung may CBA or ongoing policy contrary to that ang mismong company na pinapasukan mo...

    ang double pay na holidays lamang ay yung mga Legal Holidays...

  3. Join Date
    Jul 2004
    Posts
    8,590
    #3
    Not really.

    If it is the company's decision not to let the employees work even if the employees are willing to work, the company has to compensate the employees

    However, if it is the choice of the employee not to work despite the availability of work in the company, then the "no work, no pay" rule applies.

    Doubts are resolved in favor of labor so it is the company/employer's obligation to ensure always that there is no doubt


  4. Join Date
    Jan 2005
    Posts
    1,417
    #4
    depende yan, ano ba status mo sa company ? rehular ka ba, at monthly basis or contractual(katulad) na arawan, kasi pag regular ka at pinauwi kayo or declared ng company na walang pasok bayad ka araw na yon, pero kung daily basis ka or yung no work no pay, then wala kang bayad.

  5. Join Date
    Dec 2005
    Posts
    39,174
    #5

    In general, no work, no pay, except if you have VL left....

    Even if company-mandated shutdown days iyan....

    17.7K:santas:

  6. Join Date
    Feb 2008
    Posts
    9,431
    #6
    pag company shut down, ginagawa forced leave na e.

  7. Join Date
    Oct 2011
    Posts
    26,781
    #7
    Quote Originally Posted by dieselNUBI View Post
    So no work no pay ba?

    Cause from the company where im working at, office management told us (sales) not to come to work since wala naman daw makukuhang transactions. But office admin has Work.

    Been trying to google up the exact laws for it but it seems iba't ibang taon, ibang presidente, iba rin ang patakaran.
    kapag company ang nag sabi na walang pasok, pag monthly basis ang sahod mo, may pay pero pag daily basis no pay.

  8. Join Date
    Dec 2005
    Posts
    39,174
    #8
    Quote Originally Posted by Retz View Post
    kapag company ang nag sabi na walang pasok, pag monthly basis ang sahod mo, may pay pero pag daily basis no pay.
    Mali!

    Mapa-monthly o daily paid,- may bayad lang kapag gagamitin mo ang iyong VL; Else, walang bayad.

    Unless,- may kasunduan ang kumpanya at empleyado..,

    Monthly paid employees,- may bayad kapag special holidays; daily paid employees walang bayad kapag special holidays... Iyan lang ang pagkakaiba..

    17.7K:santas:

  9. Join Date
    Nov 2002
    Posts
    1,326
    #9
    grabe.... ang dami palang scenarios...

    for a simple question...

    dagdagan ko pa.. but shempre dapat proper context..

    so ito ang context:
    1. sa sales group ka - mostly field work
    2. hindi malinaw kung ano ang policy ng company, with regards to forced leave, scheduled shutdown, VL/SL policy

    yung nabanggit ko kanina na No Work No Pay definitely is for daily paid... sa monthly... lumalabas may bayad nga... since buo naman ang sweldo kahit holiday or hindi.. nababawasan lang pag absent... nadadagdagan kapag holidays (in special holiday case, walang bawas.. since hindi pumasok.. pero wala din premium na dagdag since di nga pumasok... )...

    since sales ka... at hindi sa factory... forced shutdown due to maintenance is not applicable... so possible na lang na babagsakan nyan.. either forced leave (which will rebound to your using your VL/SL if you have credits left) or talaga no pay kapag no VL/SL credits or no VL/SL policy talaga in effect...

    it is possible na may bayad pa rin kayo as basic pay... pero another reason / logic / justification ng company na wag na kayo papasukin.. since sales.. may transpo pa (to supposedly do client calls) and even per diem / meal allowances... which.. kung minsan... halos 100% to 300% of daily pay din aabot... so instead na papasukin pa yung tao and incur the daily pay + the transpo + meal allowance + per diem gayong malinaw din naman na walang transaction na lalabas... wag na lang papasukin.... matipid pa yung transpo / meal ...

  10. Join Date
    Oct 2002
    Posts
    1,114
    #10
    Well we dont have vcation leave. And yes regular employee kami. So given these scenarios, dapat ba no work no pay?

  11. Join Date
    Oct 2008
    Posts
    1,958
    #11
    Quote Originally Posted by dieselNUBI View Post
    So no work no pay ba?

    Cause from the company where im working at, office management told us (sales) not to come to work since wala naman daw makukuhang transactions. But office admin has Work.

    Been trying to google up the exact laws for it but it seems iba't ibang taon, ibang presidente, iba rin ang patakaran.
    The employer cannot refuse to furnish you work just like that. Also, you cannot be placed in floating status like the security guards. As to shutdown, this is what the implementing rules of PD 442 provided:
    SECTION 7. Temporary or periodic shutdown and temporary cessation of work. — (a) In cases of
    temporary or periodic shutdown and temporary cessation of work of an establishment, as when a yearly
    inventory or when the repair or cleaning of machineries and equipment is undertaken, the regular
    holidays falling within the period shall be compensated in accordance with this Rule.
    (b) The regular holiday during the cessation of operation of an enterprise due to business reverses as
    authorized by the Secretary of Labor and Employment may not be paid by the employer.

    The provision means that before the employer suspends operation, he should ask the Labor Secretary authorization for the suspension to be bonafide. If we allow the employer to stop furnishing his employees work at his whim or caprice, then such practice is violative of a worker's security of tenure. Besides, it will result to diminution of salary which is proscribed by Section 100 of PD 442 or the Labor Code of the Philippines.

    Quote Originally Posted by dieselNUBI View Post
    Well we dont have vcation leave. And yes regular employee kami. So given these scenarios, dapat ba no work no pay?
    VL is not mandatory. What is mandatory is the Service Incentive Leave of 5 days/year. Entitlement thereto can only be had if the employee has rendered at least 12 months of service, whether broken or continuous.

    Under the law, the service incentive leave shall be commutable to its money equivalent if not used or exhausted at the end of the year. So if the employer is creative enough, just like in your case, he will ask his employees to go on leave during the temporary suspension, thereby exhausting their SIL. With this, he needs not pay his employees the money equivalent of the 5-day SIL.

  12. Join Date
    Sep 2005
    Posts
    15,310
    #12
    tama.. no work no pay yan.. not unless may CBA or company policy na saying otherwise..

    a company can even float you for 6 months without pay.. yan ginagawa sa mga BPO ngayon pag walang project..

  13. Join Date
    Nov 2002
    Posts
    1,326
    #13
    Quote Originally Posted by _Qwerty_ View Post
    tama.. no work no pay yan.. not unless may CBA or company policy na saying otherwise..

    a company can even float you for 6 months without pay.. yan ginagawa sa mga BPO ngayon pag walang project..
    Technically yes. Pwede ifloat not exceeding 6 months... Depende ang sa tao minsan... Sa experience namin na actory and anual labor intensive..nilsngvweeks mo lang ifloat may threat na agad na illegal dismissal... Isang linggo lang silang walang gawa gutom talaga agad sila kaya d uubra na umabot pa ng 6 months bago mag DOLE o NLRC..

    I suppose sa BPO where pays are much higher and possibly turnover is fast na as it is... Di na gaano karami yung umaakyat ng DOLE/NLRC

  14. Join Date
    Sep 2005
    Posts
    15,310
    #14
    walang illegal dismissal yun.. hindi naman sila terminated.. and the labor law says that you can float an employee for not more than 6 months.. ngayon kung tumagal sila nang 6 months without work and pay.. that's a different story.. more often pag nag issue nang return of work sa 5th month.. may iba na silang work..

No work no pay ba sa Dec 26 to 29?