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Night Differential, OT & Holiday Pay

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1 Night Differential, OT & Holiday Pay on Fri Feb 03, 2012 7:03 am

cutie333


Arresto Menor
Hi,

Ask lang po sana kami ng advice, when the contract was served, nothing was discussed about night differential, OT & holiday pay etc., We were previously receiving these benefits after promotion. However, after a year with that same position, HR suddenly removed OT & Holiday w/o prior notice. We tried to ask HR about it, and they advised that w/ our current job grade level, we are not anymore entitled to it.

After a few months, we just noticed we were no longer receiving night differential pay as well, AGAIN w/o prior notice. We are asking for an explanation from HR, but all they can say is that it's all in the updated company handbook when it's not really explicitly stated there.

In the emplyment contract that we signed at the time of promotion, it states that "Except where expressly provided for in this letter to the contrary, your existing terms and conditions in your employment contract shall remain the same.."

We are not really in the managerial level, just part of the support team. We have the same level as a team leader, but we do not have the same basic salary and we were told that it's because we're not directly handling people like a TL does. We have an estimated 5k difference in the salary.

Can you please help us on this? Is this really lawful? We just want to get what we are eligible to receive. Please enlighten us.

Thanks!

Looking forward to your prompt response.

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2 Re: Night Differential, OT & Holiday Pay on Sat Feb 04, 2012 2:53 pm

attyLLL


moderator
the question here is whether you are actually supervisory employees, and in my opinion you are not because it sounds like you're technical guys. read this case: http://www.lawphil.net/judjuris/juri1994/mar1994/gr_l_98050_1994.html


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