labor code question: lawyers, cpa, etc....

[B16CRX]

On workers on a per day rate basis, no work no pay is the rule. Working on a holiday entitles them double pay. But if they did not work, payment is not applicable. The company may opt to pay them eventhough they did not work on a holiday, but if they did worked on a holiday and ayaw ng company to pay 2x the rate, may problema sila sa DOLE.

On employees being on a certain rate per annum or monthly basis, holidays are interpreted as a benefit for people that are able to work on that holiday but is not working just to observe the holiday celebration. Thus, it is assumed that if you filed vacation or sick leaves to include the day of the holiday (regardless whether holiday is declared yet or not) your leave credits will still be deducted for that holiday. But assuming that if you were absent on the day before the holiday that you will still be absent on the holiday is not reasonable. some companies just made this rule for cost cutting measures. THere are provisions in the labor code as far as i can remember that in case of doubt, it should always be interpreted in favor of the employee.

[AnuVaYan]

OK ito para malinaw na lahat.

page 114 ng labor code, sec. 6 under absences

"All covered employees shall be entitled to the benefit provided herein when they are on leave of absence without pay on the day immediately preceeding a regular holiday may not be paid the required holiday pay if he has not worked on such regular holiday"

ayan wag nyo kalimutan yung without pay sa loa. so kung with pay ayos na dapat.

2000 edition pa itong labor code ko ewan ko kung may nabago na. kung paano ninyo i-interpret bahala na kayo. kung meron pa kayong ibang tanong tungkol sa labor, kung sisipagin ako mangopya pwede din hehe. pero kung maraming nagta-trabaho sa pamilya ninyo, ok din mag invest sa labor code na book, or kaibiganin nyo na lang yung mga tiga HR or accounting hehehe. P250 sya noon.

[GaLynxmo]

[QUOTE]

Hi AnuVaYan,
Good, you went out of your way to quote the provisions of the Implementing Rules (circa 2000) of the Labor Code. That is still a good law. But we will have to clarify the phrase "leave of absence without pay" which means that this rule applies to a regular employee, who is compensated on a monthly basis and has taken an unauthorized leave without pay, or to a daily-rate employee, and both have no leave credits to charge it to. For both employees, they are not entitled to a holiday pay for the holiday following such leave without pay. In the other hand, if a monthly paid employee takes a leave with pay or leave credits, on the day following a holiday, he remains entitled to the holiday pay. ok ba yun?

[icon]

ang alam ko sa arawan lang yung walang pay if absent ka the day before. if you're on a fixed monthly salary eh dapat bayad ka pa din for the holiday. that is if you filed for a leave. Unless nag LWOP ka, wala dapat deduction from what you're going to get on the 15th.
I sometimes schedule my leaves around the holidays para long weekend.

[hotwheels]

tanong lang sa mga may nakakaalam.
pag nag absent ka ba the day before nung holiday ung holiday mo hindi babayaran?

under the labor code:
if you are a daily paid, if you are absent the day before the regular holiday, you do not get paid. the day before the regular holiday is considered your attendance. However, you can also get paid if you file a leave of absence and has been approved by superior and the personnel/HR department


if you are a monthly paid, you get paid on the regular holiday because it is already part of the monthly computation. However, the day you are absent before the holiday will be treated separately, either it will be charged to your leave credit or no work no day defending on the prerogative approved by your superior and HR dept.

[j_avonni]

Please check this site:


http://www.gov.ph/faqs/labor_holiday.asp

[j_avonni]

http://www.bwc.dole.gov.ph/faq.asp

HOLIDAY PAY

Regular Holidays

Every employee covered by the holiday pay rule is entitled to his daily basic wage for any unworked regular holiday. This means that the employee is entitled to at least 100% of his basic wage even if he did not report for work, provided he is present or is on leave of absence with pay on the work day immediately preceding the holiday.

Under Executive Order No. 203, as amended by RA 9177, there are eleven (11) regular holidays, namely:

• New Year's Day January 1
• Maunday Thursday movable dates
• Good Friday movable dates
• Araw ng Kagitingan April 9
• Labor Day May 1
• Independence Day June 12
• National Heroes Day last Sunday of August
• Bonifacio Day November 30
• Christmas Day December 25
• Rizal Day December 30

Special Days

During special days, the principle of "no work, no pay" applies and on such other special days as may be proclaimed by the President or by the Congress.

Workers who were not required or permitted to work on those days are not by law entitled to any compensation. This, however, is without prejudice to any voluntary practice or provision in the Collective Bargaining Agreement (CBA) providing for payment of wages and other benefits for days declared as special days even if unworked.

Executive Order No. 203 lists down two (2) special days that shall be observed in the country:

• All Saint's Day November 1
• Last day of the year December 31