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Holiday pays given even if absent in preceding working day

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tangadsangig


Arresto Menor
Since the beginning of company operations, the company has been giving holiday pays even if employee is absent the preceding working day. I was employed only 4 years later and it was only years after that did I read about the requirements of the holiday pay.  

1. At present I am in-charge of payroll.  Can I change and correct how holiday pays are given now that I know that it should be given only when employee is either present or on leave with pay the preceding day?  I've read somewhere in some labor book something like if the company has been doing a certain procedure for a long time, that it cannot be changed anymore especially if it benefits the employee. I'm not so clear though if this one is included. I'd like to hear what others have to say about this.

2. If the holiday falls on a Monday, is the employee entitled to holiday pay knowing that there's no work on the preceding day, Sunday?

Thanks for your help.

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HR Adviser


Reclusion Perpetua
1. If the company give it to its employee, as a Payroll in-charge, you do not have the authority to change it. Just leave it alone as it is.

2. Yes. if the employee is monthly paid

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tangadsangig


Arresto Menor
1. If the company give it to its employee, as a Payroll in-charge, you do not have the authority to change it. Just leave it alone as it is.

By change I meant suggest to the employer/the board of directors the right way of doing it. Company is only small but payroll in-charge is also member of board of directors and the employer being the corporation treated as separate entity.

Will the corporation be liable if for the coming holidays it will not give holiday pay for employees absent the day preceding the holiday? I cannot of course go through the burden of recomputing for the past holidays. I'd leave the past holiday pays as they were. I am concerned at being liable because of correcting the way holiday pays are given when it has been done the wrong way for more than 10 years.


2. Yes. if the employee is monthly paid

How about weekly paid?  Pays happen every Saturday.

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concilii


Arresto Menor
tangadsangig wrote:1. If the company give it to its employee, as a Payroll in-charge, you do not have the authority to change it. Just leave it alone as it is.

By change I meant suggest to the employer/the board of directors the right way of doing it. Company is only small but payroll in-charge is also member of board of directors and the employer being the corporation treated as separate entity.

Will the corporation be liable if for the coming holidays it will not give holiday pay for employees absent the day preceding the holiday? I cannot of course go through the burden of recomputing for the past holidays. I'd leave the past holiday pays as they were. I am concerned at being liable because of correcting the way holiday pays are given when it has been done the wrong way for more than 10 years.


2. Yes. if the employee is monthly paid

How about weekly paid?  Pays happen every Saturday.


The holiday pay rule presumes that that preceding day is a regular working day regardless if you are weekly/monthly paid employee. If it happens to be your REST DAY prior to the HOLIDAY, you are still entitled to the holiday pay.

You can make your recommendation to the board. Now on the retrospective application, that would entail a lot of justifications. You should find a way to make a "subtle" correction or get ready with various "money claims" for unpaid holidays. I wonder how your employer was able to get away with LABOR INSPECTIONS which are being done annually.

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tangadsangig


Arresto Menor

I wonder how your employer was able to get away with LABOR INSPECTIONS which are being done annually.

DOLE is just happy at seeing that the employer is paying the holiday pays but they never dug deeper nor ask whether or not those who were given holiday pays were present the day preceding it.  Employer just gives away holiday pays regardless of whether or not employee is present the day preceding the holiday. Had they asked, we would have made the corrections a long time ago.

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HR Adviser


Reclusion Perpetua
Then just leave it alone. It's a benefit employees enjoy. Why take it away from them?

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tangadsangig


Arresto Menor
HR Adviser wrote:Then just leave it alone. It's a benefit employees enjoy. Why take it away from them?

To be fair with employees who were present the day preceding the holiday whom the law says are entitled to such holiday pay.

I can leave alone what has been done but can I impose the correct way of giving out holiday pays in future payrolls by giving holiday pay only to those present the day preceding the holiday as the law says?

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