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Pregnant, Shift Allowance

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1 Pregnant, Shift Allowance on Sat May 17, 2014 1:47 am

soontobemom


Arresto Menor
Hi, I am 7 mos pregnant and originally hired as a night shift worker. However, during my 5th month I had to go through a medical condition which requires me to rest for a month. Upon returning, my doctor advised me to be transferred to day shift to avoid possible complications and pre term labor.

My 2nd Line manager approved the request and called me that I will be transferred to day shift. Same team but handling a different process in the same role. Now, my 1st Line manager requested the Payroll department to remove my night shift allowance since I am no longer working at night.

Before I was transferred, I am not informed of these payroll changes. No papers were signed, no work accommodation forms were signed, no discussions. Just an FYI that an email was sent and deductions will start next month. Again, the reason of transfer is due to health reasons as pregnant. I have read form REPUBLIC ACT NO. 10151 Article 158

Art. 158. Women Night Workers.— Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:

“(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth;

“(b) For additional periods, in respect of which a medical certificate is produced stating that said additional periods are necessary for the health of the mother or child:

“(1) During pregnancy;

“(2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) above, the length of which shall be determined by the DOLE after consulting the labor organizations and employers.

“During the periods referred to in this article:

“(i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorised causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities.

“(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position.

Is there a way I can work on this?

To add, I had other different issues with my 1st Line during my whole pregnancy, but those are different stories - forced me to work, even I was given a medical certificate to rest for a month. I want to focus on the said removal of shift allowance vs. the statement: “(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position.

Thanks!

**From what I have heard from the other teams, I am the only pregnant employee that had to go through these payroll changes. There were 5 employees who gave birth before me and was never deducted of these shift allowances.

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2 Re: Pregnant, Shift Allowance on Sat May 17, 2014 5:58 am

council


Reclusion Perpetua
soontobemom wrote:To add, I had other different issues with my 1st Line during my whole pregnancy, but those are different stories - forced me to work, even I was given a medical certificate to rest for a month. I want to focus on the said removal of shift allowance vs. the statement: “(ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position.

Thanks!

**From what I have heard from the other teams, I am the only pregnant employee that had to go through these payroll changes. There were 5 employees who gave birth before me and was never deducted of these shift allowances.

Generally your benefits should not be removed or diminished. This refers to regular benefits of being an employee.

However, night differential pay (or night shift differential) is rightly removed if the employee is not working at night.

It's not a matter of pregnancy or otherwise but work schedule.

You say "from what I have heard" so it is hearsay and generally inadmissible as evidence.

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