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Company won't let us use our VLs and won't pay them at the end of the year

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supergorilladunc


Arresto Menor
Hi! Good day to everyone

I work in a call center where I am offered 12 VLs as indicated in my contract, but just last year because of staffing purposes, my company stopped us from using our VLs, sometimes they would open very limited slots which is not enough for us employees to be able to consume all of our VLs, and then we were surprised that the company only paid 2 unused VLs at the end of the year, the company is insisting that paying unused VLs is not their obligation.

According to my supervisor, since the government only required companies to give 5 VLs to its employees(after 1 year of service) then as long as you have already used 5, it's already the discretion of the company to let you use the remaining VLs or even pay them at the end of the year if unused.

Is it true that this is indicated in our labor code?

And even if the required VLs to be given to the employees is only 5, but then the company offered 12 and is part of the contract signed, then I think the 12 VLs should become the employees right. Is this correct?

Thanks in advance!

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council


Reclusion Perpetua
There are valid reasons for the company to refuse usage of your VL.

The Labor Code says:

ART. 95. Right to service incentive leave. - (a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.

(b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.

(c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.

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Blacknight02


Arresto Menor
council wrote:There are valid reasons for the company to refuse usage of your VL.

The Labor Code says:

ART. 95. Right to service incentive leave. - (a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.

(b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.

(c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.


Hmm.. I think he can still push it if he wants since it is under their contract, and it is a valid reason (only contract that is illegal or below what is mandated by law cannot be considered) to ask for what is given and or stated in the contract. The thing is, it can put you in bad situation with your employer if you file on complaint in nlrc. You can still try to convince them and state some law about it.

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