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Legal Holiday Pay And Contract Guideline Inquiry

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Hi,

I am working is a BPO company and I would just like to inquire about the guidelines for the regular/legal holiday pay and also about the contract that I signed-up.

For April 9 2017 regular holiday, it falls on my rest day and so I was not paid for it. I reached out to one of our HR representative to inquire about it as what I know, it should be paid even if I am on rest day and the only time it should not be paid is if I am absent a day before or a day after the regular holiday.

As per HR, since we are being paid on a bi-weekly scheme, the company required us to work for only a total 260 days in a year. As our HR explained it, there is a total of 10 regular holiday and 8 special holiday in this year and if we are to be paid for the holidays that falls on our rest day/s, the company will have to add the 18 total holidays to our required days of work in a year. In short, we will be required to work for a total of 278 days in a year. I asked if this is one of the guideline for holiday pay in labor code and she said yes and it is a company implementation. Will this be right?

For my other concern, which is the contract that I signed, it is stipulated that we will we be catering a specific product for a specific account. However, the account that I was working with had an issue with another of their product and the management of our campany had us handled that product as well and we are still handling it, meaning to say that we are working for 2 line of business and our contract never changed, no salary increase and no incentives. Also, the account has multiple line of business in our company and if any of this line of business receives a high volume of calls, we are being skilled to take in calls for this line of business to offer call back for the customer, most of the time, this calls is non-stop and happening on almost daily basis. This is also more tiring compare to the work that I signed up for. Again, no salary increase and no incentives. We had filed a complain verbally to HR and the management but seems like that this complains are falling on deaf ears. Do they have a right to add workloads even if it is not stipulated in our cotract?

Thank you very much.

Regards,

Mharvz

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Patok


Reclusion Perpetua
1. Yes, your HR is correct
2. Yes, they can add workloads

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Thank you.

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malyn espina


Arresto Menor
hi po good day ..ask ko lang po regarding holiday and night differential. what if po si employer and employee nagkaroon ng agreement na sa monthly salary ni employee included na po yun holiday and night deffirential pay for example ang monthly salary niya is 27,000, meaning kahit pumasok siya ng holiday hnd na siya bbyaran ng additional na double pay or 30% and kapag pumasok nmn siya between 10pm to 6am hnd na rin siya bbyarn ng night deffirentail kasi kasama n nga po sa monthly salary then pumayag nmn si employee sa ganun setup or agreement, ok lang po ba yun as per labor is concern??? thank you po in advance sa sasagot...

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lukekyle


Reclusion Perpetua
yes ok lang yun as long as the salary is high enough. wag lang less than minimum if you remove the extras.

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malyn espina


Arresto Menor
lukekyle wrote:yes ok lang yun as long as the salary is high enough.  wag lang less than minimum if you remove the extras.

ahh ok po salamat po!

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juhanjuhann


Arresto Menor
Patok wrote:1.  Yes, your HR is correct
2.  Yes, they can add workloads

Should the Employer pay for unworked restday? As per Memorandum Circular 01, If it is an employee's rest day and it is unworked, the employee is entitled 100% of his pay.  

I've also read from DOLE's website that 261 Factor means that the employee is daily paid and according to Dole's email that I read on one of the websites, that the Provision is intended for Daily Paid Employees. Is this correct? Here's the email:

"Dear Mr. *****:

Good afternoon.

Anent your query, MONTHLY PAID EMPLOYEE refers to one who is paid his wage or salary for every day of the month, including rest days, Sundays, regular or special days, although he does not regularly work on these days.

DAILY PAID EMPLOYEE refers to one who is paid his wage or salary only on the days he actually worked, except in cases of regular holidays wherein he is paid his wage or salary even if he does not work during those days, provided that he is present or on leave of absence with pay on the working day immediately preceding the regular holiday.

As distinguished from monthly-paid employees who are assured of being paid for every day of the month, the provision of the Labor Code on holiday pay is principally intended to benefit a daily-paid employee who is normally bound by the principle of “no work no pay”. Before the advent of the Labor Code, they are not paid for unworked regular holidays.

We hope that this answers your query.

Please be informed that our opinion on the matter is strictly advisory and may not be invoked in any court of law or before any administrative body.

Thank you for writing.

Legal Service,

Dole"



Last edited by juhanjuhann on Sat Apr 22, 2017 1:07 pm; edited 1 time in total (Reason for editing : minor grammar lapses)

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aife


Arresto Menor
Please help me ... ano po ba ruling when it comes to holiday pay... ang sbi kelangan pumasok before and after the holiday para ma entitle ng holiday pay... pero meron naman nagsasabi na yun before lang... kung pumasok ng before and absent ng after babayaran pa din ang holiday pay...
please help... san po ba makikita yun sa labor code na kung di pumasok ng after babayaran din holday pay

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