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Can the employer penalize you from using the leave benefits they offer?

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apex prey

Arresto Menor
our company provide 8 days of Vacation Leave and 8 days of Sick Leaves per year. However, they penalize us regardless of reasons, if we used this leave incentives 5 times per quarter by making our performance rating for attendance 0 (Performance for attendance is 30% of over all). they further, that if we incured a failing performance rating for 2 consequetive quarters they will terminate us.

is this okay?

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Reclusion Perpetua
they can not do that.. that's anti labor.. you can report that to DOLE.

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apex prey

Arresto Menor
thanks for the answer.

but can you explain why its is anti labor.

i realize based on labor code they can somehow show that termination will be legal under the following provisions

1. habitual or gross negligence of duty by arguing that we consistently have a poor perfomance rating based on their criterias, which if we disagreed will then falls to
2. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work. if we don't abide or agreed to such memo.

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