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question about employers and employees rights

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1 question about employers and employees rights on Tue Feb 26, 2013 7:16 pm

banned


Arresto Menor
hello,

i'm an engineer working in a candle factory..

i'm so pissed cuz my boss even force me to attend their company event on my rest day (sunday) without pay. i already passed a letter to our HRD for my reason on why i'm not attending that said event prior to sunday but the next day i was scolded by the owner..

i just want to ask if my employer violates the Labor code by enforcing me to attend that said event on my rest day without pay??

another thing, i'm a monthly paid employee but all my special holidays are not paid. Again, does my employer violates any section in the Labor code??

another question: is it legal if my employer will NOT give me a copy of my contract??

hope to hear advices from the experts..

thank you!!



Last edited by banned on Mon Apr 08, 2013 10:12 pm; edited 1 time in total

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tsi ming choi


Reclusion Perpetua
banned wrote:
i just want to ask if my employer violates the Labor code by enforcing me to attend that said event on my rest day without pay??

Yes. the LC provides that the employer must pay the employee who works on his scheduled rest day.

banned wrote:
another thing, i'm a monthly paid employee but all my special holidays are not paid. Again, does my employer violates any section in the Labor code??

It depends. If you work on those special holidays, then the employer must pay you, otherwise, you should not be paid. We are based on "no work no pay" principle.

banned wrote:
If ever i decide to continue working with them while they process my papers, is there a given deadline when they should have it ready??? cuz according to my colleagues some of them took 3 months before the new contract was sign. and in those 3 months no benefits at all, no 13th month pay and the salary is same as before..

Time in processing your paper is the company's prerogative. taking into consideration the evaluation period, interviews, etc. etc.

Therefore you cannot compel them.

banned wrote:
another question: is it legal if my employer will NOT give me a copy of my contract??

Illegal. You must ask for a copy UNLESS you are a regular employee. Because of the security of tenure.

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banned


Arresto Menor
thank you for your reply Mr. tsi ming choi... Smile

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banned


Arresto Menor
mmmm..

hello again, i'm so confuse where did that "no work, no pay" falls in Labor code??

i only see this one

according to LABOR CODE BOOK THREE- Conditions of Employment
RULE 4 - Holidays w/ pay
SECTION 2. Status of employees paid by the month. — Employees who are uniformly paid by the month, irrespective of the number of working days therein, with a salary of not less than the statutory or established minimum wage shall be paid for all days in the month whether worked or not.

so where does this "no work, no pay" rule?? and what is the difference of monthly paid and daily paid employees??? i'm confuse cuz my previous employeer paid me whole during holy week even black saturday, but this new employer of mine didn't pay my special holidays like Dec 24 and Dec 31 even if i DID NOT absent the days before and after the holidays.

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tsi ming choi


Reclusion Perpetua
banned wrote:"no work, no pay" falls in Labor code??

i only see this one

according to LABOR CODE BOOK THREE- Conditions of Employment
RULE 4 - Holidays w/ pay
SECTION 2. Status of employees paid by the month. — Employees who are uniformly paid by the month, irrespective of the number of working days therein, with a salary of not less than the statutory or established minimum wage shall be paid for all days in the month whether worked or not.

so where does this "no work, no pay" rule??

No-work no pay rule generally applies to all employees, regardless of their status, whether regular, casual, fixed-term, contractual, or piece-work.

The above and underlined provision presupposed that working day FALLS on a REGULAR Holidays wherein the employee has an OPTION :
1.not to work AND PAID or
2.to work AND PAID WITH ADDITIONAL compensation.

Therefore, regardless the employee worked or did not work that day(regular holiday), still she/he be paid accordingly to his/her monthly salary without deductions.

It would be different if the employee makes an absences, here, the no work no pay rule applies. It is incumbent or difficult upon the employer to pay an employee who makes daily absences, the full amount of his/her salary without deductions.

banned wrote:
and what is the difference of monthly paid and daily paid employees???

Monthly paid = SALARY earner
Daily Paid = WAGE earner

banned wrote:

i'm confuse cuz my previous employeer paid me whole during holy week even black saturday, but this new employer of mine didn't pay my special holidays like Dec 24 and Dec 31 even if i DID NOT absent the days before and after the holidays.

Your second employer did not observed the labor code. You can question that to Labor arbiter.

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banned


Arresto Menor
another question, now that you mentioned that it is ILLEGAL for a company not to give a copy of CONTRACT to thier employees. what case can i file for them?? i've been calling our HRD for the copy of my contract but instead of giving me one, they keep on asking where i'm going to use it and refuse to give me one.. it's like their hiding something.

they're violating alot of sections in the LABOR CODE.
- mandatory attendance on rest-day without pay
- no special holiday pay for monthly paid employees
- no copy of contract for employees
- no issuing of certificate of employment.

please i'd like to seek for some advice/legal actions.

thank you!!

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tsi ming choi


Reclusion Perpetua
You cannot file a case against them in any court, but instead you should proceed to DOLE/NLRC to redress your grievances together with that aforementioned violations of LC and let that DOLE/NLRC send a letter or your employer commanding them to release that employement contract and abide the LC.

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