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Salary deduction for not working on a holiday?

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Arresto Menor
I know that our Labor Code permits employers to require their employees to work on any holiday provided that they pay their employees the required holiday premium. My question is, what if the employee failed to report to work on the said holiday, is it legal for the employer to impose a salary deduction on the employee or take a day of VL credit back? Note, the employees are not under a daily wage but monthly, and they used to enjoy not working on a holiday and still get paid for it.

I’m talking about this big company that issued a memo requiring its employees to come to work on holidays. They are saying that because of this, these holidays are now considered working days. Thus, if an employee decides not come to work on these said holidays, then these days would have to be charged to vacation leave (or salary deduction if there’s no more VL credit) consistent with how absences are dealt with.

I’ve already raised this to HR and even talked to the company lawyer who told me that the above is within the Labor Law, but I just can’t buy it because I think it’s unfair and doesn’t make sense. Because if it does, then it means any employer can just issue a memo declaring all holidays of the year as working days and we’ll all end up with no holiday at all!

I hope someone can explain how all these really works. And if the company is wrong here, what would be my next best move to correct this?


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