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Legal advice on Vacation and Sick leaves- Inconsistent info before job offer signing

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joycejimibayrante


Arresto Mayor
Hi,

I want to know if I have a case because my employer did not tell me last year in October that they have accrual of leaves and they refresh leaves every July Fiscal year.

What I knew when I signed the job offer was I will get 15 SLs and 15 VLs when I reached my first year this October.

I only got 11.25 because of that information that they did not tell me.

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attyLLL


moderator
the law only requires 5 days of leave per year. beyond that it's based on the discretion of the employer.

if forced for an opinion, my guess is that if you filed a complaint with the nlrc, the company's decision will be upheld.


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joycejimibayrante


Arresto Mayor
attyLLL wrote:the law only requires 5 days of leave per year. beyond that it's based on the discretion of the employer.

if forced for an opinion, my guess is that if you filed a complaint with the nlrc, the company's decision will be upheld.
That is too sad and unjust for me.

I have filed a DOLE complaint with hearing on Nov 26th.

So my actions for filing complaint will only jeopardize my employment.

I dont even have a case simply by the time they let me sign the job offer was they deceived me that I would be getting 15 sls and 15vls after a yr?

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attyLLL


moderator
there are risks and consequences either way.

watch your back at work; hopefully your employer is not vindictive. good luck with your case.


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joycejimibayrante


Arresto Mayor
attyLLL wrote:there are risks and consequences either way.

watch your back at work; hopefully your employer is not vindictive. good luck with your case.
Hi Atty, You were absolutely right! I won the complaint I filed at SENA of getting all SLs and VLs as stated in my job contract. My company gave it all to me and even to other employees. However, our IT department was acquired by a new company. We were absorbed by this new company starting January 14, 2013. Then last March 27th, the forced resignation and illegal dismissal happened. The managers of the new company came from the previous company wherein I fought for the leaves.

But, I have all the evidences to prove. I already filed for the complaint again at SENA. We were on the Surprised d hearing, but no settlement last April 18. This April 25th, the lawyer requested to labor arbiter for the last and final hearing. I demanded for my withheld last pay starting March 27th to be given before April 30th, separation pay, annual bonus, and damages. These are apart from the conversion of SLs.

I have no official lawyer. I just did my research on cases and I have my 8 yrs of managerial and supervisory experiences on handling employee relations and cases.

How can I contact you to represent me? I will PM you about your contact info and fees.

Thanks and more power. I love learning law and hopefully I can formally get a law study in the future.

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raheemerick


Reclusion Perpetua
@joyce, this is the first tym na nakita ko na pati pla mga artista may SLs and VLs din?

diba per/contract ang earning nyo? wla naman artistang daily or monthly rate eh diba?

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joycejimibayrante


Arresto Mayor
raheemerick wrote:@joyce, this is the first tym na nakita ko na pati pla mga artista may SLs and VLs din?

diba per/contract ang earning nyo? wla naman artistang daily or monthly rate eh diba?
BWAHAHAHA! You made me laugh. I will just take that na compliment kahit medyo sassy. Hehehehe!

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raheemerick


Reclusion Perpetua
hahaha.. hahahaha.. hahahaha..Smile

sassy ba?


teka..

ano po ba yung sassy?

toink:)

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