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Non Diminution of Benefits

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1 Non Diminution of Benefits on Thu Feb 28, 2013 11:16 am


Arresto Menor
Good Day. I've been with this company for over 10 years now and we, employees are enjoying this leave/vacation with pay every Holy Week (Monday to Wednesday) and Christmas break from December 26 to 31 with pay. Now the company wants to remove this which has been implemented even before I join the company over 10 years ago. Is this considered as non diminution of benefits or Is this considered as benefits given to their employees? If it is not written in block and white can we still consider this as benefit?

Thank you and God Bless.

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2 Re: Non Diminution of Benefits on Thu Feb 28, 2013 5:21 pm


Reclusion Perpetua
when a benefit is being given yearly and for a long time already, it becomes part of the employee's package. So yes, that is diminution of benefits and it's not allowed. You should file a complaint sa DOLE.

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3 Re: Non Diminution of Benefits on Thu Mar 07, 2013 9:52 pm


Arresto Menor
Thank your sir. I already discussed Art. 100 to the management and my employer says its debatable because according to them it all depends on the lawyer who interpret the law is this correct? Thank you and more power.

If we file complaint to the DOLE will it take long to hear our concerns?

Again thank your for your feedback.

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4 Re: Non Diminution of Benefits on Thu Mar 07, 2013 11:35 pm


Reclusion Perpetua
That is according to them. But that is not what the law and jurisprudence say.

As to the length of the trial, it could be as short as 3 months or as long several years.

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5 Re:Non Diminution of Benefits on Thu Apr 18, 2013 10:18 pm


Arresto Menor
Good Day Sir, This is again in connection with my email/queries for the non diminution of benefits.

According to my employer the Holiday that we enjoyed (first three days of holy week Mon to Wed) since joining the company way back feb. 2000 was a memo last april 1997 and was announce as a temporary memo and according to them, It was never intended to be permanent, and according to them the circular made it clear. Management exercised its prerogative in cancelling the circular as stipulated in that very same memo. I havent seen the memo as they claim.

Is this a valid reason? Is the Article 100 does not apply to these case? I haven't file a complaint yet from the DOLE. If I am going to DOLE, where should I go? I work somewhere in Makati City.

thank you and hope to hear from you.

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6 Re: Non Diminution of Benefits on Fri Apr 19, 2013 5:47 pm


look for the nearest dole office on their website

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