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Law on Non-Diminution of Pay

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1 Law on Non-Diminution of Pay on Mon Feb 06, 2012 8:14 am


Arresto Menor
Hi Atty,

I was due for appraisal for my 5th year anniversarry in the Company last July 2011. This appraisal should have covered my July 2010 - July 2011 performance, however due to some reason the Company has decided to "defer" my increase to "no definite time" & worse, they released this notification 1 day prior to its implementation. For the past 4 years, I have been receiving not less than 10% of salary increase because I have been doing very well in my performances at work, there was even a time when I received 12.5%. In addition, what bothers me most is, many of our employees whose hire dates/performance appraisal dates were from January-July have received their annual increases...but I, together with other employees whose hire dates/performance appraisal dates were from July - December the increase was frozen.

My concern now is this...recently, we have received a memo and an announcement that our increases will be released BUT -- 1. It is based on a different plantilla already - which is lower than our previous; and 2. It will not be retroactive.

Is thier act of not paying the retroactive amount illegal? And is it legal that they have changed the plantilla to a lower rate when in fact we ashould still be covered by the old plantilla just like what the other employees whose appraisal increases were given merely because their hire dates/appraisal dates were between January - June.

Thank you.

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2 Re: Law on Non-Diminution of Pay on Tue Feb 07, 2012 9:14 pm


there is no legal right to an increase, only to minimum wage. it sucks, but even if you were to file a complaint, i don't believe it will prosper. but that's just my opinion

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