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FORCE LEAVE

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1 FORCE LEAVE on Fri Sep 14, 2012 3:56 pm

CaseLogic


Arresto Mayor
Dear Atty,

I'd like to ask the what is the ruling in FOrce leave?
For example the company announce that office will be closed for Dec. 26- 29 2012.
Of course not everybody will agree on this because they will not get paid.

Is this legal?

Force leave=no pay?

If the employer wants to closed the office say for renovation purposes or inventory?

Does the employer require to pay employee if its force leave.

Please enlighten me,

Thanks.

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2 Re: FORCE LEAVE on Fri Sep 14, 2012 8:06 pm

Patok


Reclusion Perpetua
this is from DOLE:

Work days may be reduced on account of losses. The reduction in the number of regular working days is resorted to by the employer to prevent serious losses due to causes beyond his control, such as when there is a substantial slump in the demand for his goods or services or when there is lack of raw materials. This is more humane and in keeping with sound business operations than the outright termination of the services or the total closure of the enterprise.

In situations where there is valid reduction of workdays, the employer may deduct the wages and living allowances corresponding the days taken off from the workweek, in the absence of agreement specifically providing that a reduction in the number of workdays will not adversely affect the remuneration of employees. This view is consistent on the principle of “no-work-no-pay”. Furthermore, since the reduction of workdays is resorted to as a cost-saving measure, it would be unfair for the employer to pay the wages and living allowances even on unworked days that were taken off from the regular workweek.

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3 Re: FORCE LEAVE on Sun Sep 16, 2012 10:07 pm

attyLLL


moderator
if you are challenged, the company will have to prove that it was suffering from serious financial losses.


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4 Re: FORCE LEAVE Today at 2:11 pm

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