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Holiday Pay and Night Shift Differentials

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1 Holiday Pay and Night Shift Differentials on Sun Aug 16, 2015 1:25 pm

myprivateit


Arresto Menor
Hi,

I need your legal advise. I am currently working at a BPO company working as IT Support.

Scenario:

Previously, i was a IT Support Specialist and promoted to IT Support Engineer (with 30% increased). Our company has "BAND Level" for IT Support Specialist it as BAND 2 Level 2.
Now that i am Engineer, it's BAND 3 level 1.

Here's the problem, when i was promoted my Night Shift Differential and Holiday Pay has been removed. However, i can opt to apply for an extra off if i come to work during holiday (palit araw).

But according to HANDBOOK ON WORKERS’ STATUTORY MONETARY BENEFITS (Article 94 and 86) that all are entitled to Holiday Pay and Night Shift Differentials.

I already talked to our HR and handed out the article 94 and 86 but then i was informed that my position as Band 3 lvl 1 is equivalent to a TL in voice operation (wherein IT Support are in Back office). And it was a BPO practise (where TL no longer entitled to NSD and Holiday Pay).

Question, should i pursue that i should received ny Holiday pay and Night Shift Pay because i do not manage any personnel/employee staff even if our HR says that my level is same with TL? or should i stop because our HR is correct.

Thank you in advance.

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2 Re: Holiday Pay and Night Shift Differentials on Sun Aug 16, 2015 5:18 pm

council


Reclusion Perpetua
Seems you are considered to be in an officer level/position so you may no longer be entitled to have extra pay but have what is called compensated time off (CTO) for days worked on a holiday.

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3 Re: Holiday Pay and Night Shift Differentials on Sun Aug 16, 2015 7:42 pm

myprivateit


Arresto Menor
council wrote:Seems you are considered to be in an officer level/position so you may no longer be entitled to have extra pay but have what is called compensated time off (CTO) for days worked on a holiday.


Hi Council,

Thank you for replying. Let me paste the what was written in DOLE handbook (Article 94 and 86 almost have the save exception)

Coverage
This benefit applies to all employees except:

5. Officers or members of a managerial staff, if they perform the
following duties and responsibilities:

5.1 Primarily perform work directly related to management policies of their employer;
5.2 Customarily and regularly exercise discretion and
independent judgment;
5.3 (a) Regularly and directly assist a proprietor or managerial
employee in the management of the establishment or subdivision thereof in which he or she is employed; or (b) execute, under general supervision, work along specialized or technical lines requiring special training, experience, or knowledge; or (c) execute, under general supervision, special assignments and tasks; and
5.4 Do not devote more than twenty percent (20%) of their hours
worked in a workweek to activities which are not directly and closely related to the performance of the work described in
paragraphs 5.1, 5.2, and 5.3 above.

Correct me if i'm wrong, but it says if they perform the
following "duties and responsibilities". Meaning i should satify all conditions- 5.1, 5.2, 5.3 and 5.4. In my case, i only satify 5.3 category B.

I would like to hear your comment.

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