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holiday work

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1 holiday work on Sun Apr 13, 2014 4:07 pm

jopok_69


Arresto Menor
Art. 92. When employer may require work on a rest day. The employer may require his employees to work on any day:....this is trhe premise that our company use in requiring us to work last april 9..traditionally we are given the freedom to choose whether we want to work or not,,but now citing the above mentioned art..we were required to report for work last april 9,,as evidenced by various reminders and advisories made by the company,,now dispite said reminders and advisories,some employees opted not to report for work around 70 to 75% of the regular work force(contactual employees number equal or more of the regular employees,and contractuals report for work trhat day)..can the employer issue a disiplinary action to those regular employee who did not report for work citing art.282 (a) of the labor code,,eventually dismising said employees..is the employer correct?how about the workers right to refuse to work in the said holiday(if there is such a right)what could be the best argument or reason can we give?

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2 Re: holiday work on Mon Apr 14, 2014 11:21 am

concilii


Arresto Menor
jopok_69 wrote:Art. 92. When employer may require work on a rest day. The employer may require his employees to work on any day:....this is trhe premise that our company use in requiring us to work last april 9..traditionally we are given the freedom to choose whether we want to work or not,,but now citing the above mentioned art..we were required to report for work last april 9,,as evidenced by various reminders and advisories made by the company,,now dispite said reminders and advisories,some employees opted not to report for work around 70 to 75% of the regular work force(contactual employees number equal or more of the regular employees,and contractuals report for work trhat day)..can the employer issue a disiplinary action to those regular employee who did not report for work citing art.282 (a) of the labor code,,eventually dismising said employees..is the employer correct?how about the workers right to refuse to work in the said holiday(if there is such a right)what could be the best argument or reason can we give?

What is the nature of your employer's business? iS THERE ANY RUSH WORK TO BE DONE?

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3 Re: holiday work on Mon Apr 14, 2014 1:57 pm

vane


Prision Mayor
Art. 89. Emergency overtime work. Any employee may be required by the employer to perform overtime work in any of the following cases:
When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;

When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;

When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;

When the work is necessary to prevent loss or damage to perishable goods; and

Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.
Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter.

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4 Re: holiday work on Wed Apr 16, 2014 5:43 pm

jopok_69


Arresto Menor
its a semiconductor company..their reason is that the company needed to deliver its commitment to its customers,thus the need to require its employees to work this holidays.

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5 Re: holiday work on Wed Apr 16, 2014 8:24 pm

council


Reclusion Perpetua
jopok_69 wrote:its a semiconductor company..their reason is that the company needed to deliver its commitment to its customers,thus the need to require its employees to work this holidays.

I see that's a valid reason to compel employees to do overtime.

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6 Re: holiday work on Thu Apr 17, 2014 1:25 am

taftlaw


Arresto Menor
council wrote:
jopok_69 wrote:its a semiconductor company..their reason is that the company needed to deliver its commitment to its customers,thus the need to require its employees to work this holidays.

I see that's a valid reason to compel employees to do overtime.

I agree. This reason, plus multiple clear and documented notices issued to work on that day, paves the way for a company to take disciplinary action against employees who willfully disobeyed management's directives.

The company should also pay the holiday premium for that day (200% for 8 hours of work) for everything to be legal.

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7 Re: holiday work on Fri Apr 18, 2014 8:33 pm

jopok_69


Arresto Menor
thanks guys..the trouble is..if it turns out that the law is on our companys side..and the company made good of its threat of termination,it will result in mass termination,,taking about 75 t0 80 % of its regular employees

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8 Re: holiday work on Fri Apr 18, 2014 8:38 pm

council


Reclusion Perpetua
jopok_69 wrote:thanks guys..the trouble is..if it turns out that the law is on our companys side..and the company made good of its threat of termination,it will result in mass termination,,taking about 75 t0 80 % of its regular employees

Maybe. And life goes on. They will have to hire new employees.

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9 Re: holiday work on Fri Apr 18, 2014 8:57 pm

taftlaw


Arresto Menor
jopok_69 wrote:thanks guys..the trouble is..if it turns out that the law is on our companys side..and the company made good of its threat of termination,it will result in mass termination,,taking about 75 t0 80 % of its regular employees

I doubt though that it will lead to mass termination. Yes of course, it's possible, but doing so opens the door to potential problems between the company and DOLE/NLRC if any of the terminated employees files a labor case. Not to mention it will inevitably affect the company's production - even if the company was able to replace everyone with new hires, the level of skill as the former employees will not be the same right away.

In my experience with NLRC, they prefer progressive sanctions (i.e. written warnings first, then suspension, etc.), especially for attendance related issues. To terminate multiple employees outright for deciding not to come to work on a holiday, well let's just say the decision on whether the punishment was proportionate to the offense can go either way.

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10 Re: holiday work on Tue Apr 22, 2014 9:59 am

jopok_69


Arresto Menor
yeah i guess that the only thing that is stopping the company is the possibility of a deludge of cases for termination that the union and the employees may file (of course upon the prodding from the federation and union)...off topic question..do any of you guys know any group or organization that gives paralegal seminars?been looking for one,,,puerly legal and not those that aggressive and pseudo patriotic crap

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11 Re: holiday work Today at 6:39 pm

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