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Am I a Daily-Paid or a Monthly-Paid Employee and Holiday Pay Inquiry...

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juhanjuhann


Arresto Menor
Hi Guys,

Our company acquired another call center and shifted from Bi-Monhtly scheme to Every other Friday scheme. Before, we used to get a fixed amount of Monhtly Pay, (I get 15,000 every Month divided by 2). After the acquisition, they used the 261 factor to compute for our daily rate and we are now following a no work no pay scheme and in turn not receiving a fix amount every month. My question is, are we still considered Monthly Paid Employees or do we fall on the latter?

Thanks and Godbless.



Last edited by juhanjuhann on Sun Apr 23, 2017 5:09 pm; edited 3 times in total (Reason for editing : edit subject)

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lukekyle


Reclusion Perpetua
bi monthly to bi weekly? you get your salary twice a week? anyways how often you get your salary has no bearing on whether you are a monthly or daily employee.

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juhanjuhann


Arresto Menor
lukekyle wrote:bi monthly to bi weekly? you get your salary twice a week? anyways how often you get your salary has no bearing on whether you are a monthly or daily employee.

I get my salary bi weekly and we follow the no work no pay policy. Also, our HR mentioned that our restdays aren't paid as seen in this email.

"BTW, whether salaried or hourly employees, we are using the same 261 days factor, wherein rest days are not paid."

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lukekyle


Reclusion Perpetua
bi weekly means 2 times a week. wednesday and friday?

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juhanjuhann


Arresto Menor
lukekyle wrote:bi weekly means 2 times a week. wednesday and friday?

Sorry for the confusion. I meant bi monthly and every other Friday.

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lukekyle


Reclusion Perpetua
you are a daily employee

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juhanjuhann


Arresto Menor
lukekyle wrote:you are a daily employee

I appreciate your response LukeKyle. I actually have another question related to this case.

Last Holy week, the holidays (Maundy Thursday and good Friday) fell on our rest day (Thursday and Friday respectively). I've read on Memorandum Circular 01 (from DOLE'S website), that if the rest day is unworked, we're still entitled to 100% of the pay. I asked our Senior HR Manager and her response was, despite being paid hourly, we fall on the monthly paid employees and that the provision on Memorandum Circular 01 only applies to daily paid employees.

Do you think I can file a labor?

Thanks and God bless.

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lukekyle


Reclusion Perpetua
as far as i know if you are under no work no pay and rest days are unpaid, you are classified as daily. ask your supervisor or HR why you are classified as monthly. the only justification for not paying you for the holiday would be if it is already paid.


if all else fails you can consult with dole, appraise them of the situation. they will advise you how to proceed

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juhanjuhann


Arresto Menor
lukekyle wrote:as far as i know if you are under no work no pay and rest days are unpaid, you are classified as daily. ask your supervisor or HR why you are classified as monthly. the only justification for not paying you for the holiday would be if it is already paid.


if all else fails you can consult with dole, appraise them of the situation. they will advise you how to proceed

As per the HR manager, it is already paid because we're using 261 factor for pay computation for both salaried and hrly / daily employees. In my understanding thought, 261 factor only applies to holidays that falls on a workday and not on a restday. Do you think it is already paid? I'm really confused.

They kept on saying that so long as we are receiving the same amount every year, then we're still considered monthly paid which is not really the issue. Apart from that, when we transitioned from the bi-monthly scheme to the payday friday, we didn't sign any contract at all. They just cascaded it via an online course. My contract still shows monthly basic pay but basically the way we're paid is different. Please advise.

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lukekyle


Reclusion Perpetua
there is validity to what he said. count the working days + regular holidays to make sure tama yung bilang. techically hindi na kayo monthly since rest days arent paid na. but ang argument is that holidays are already paid kaya in this instance wala na kayong makukuha na extra

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juhanjuhann


Arresto Menor
lukekyle wrote:there is validity to what he said. count the working days + regular holidays to make sure tama yung bilang. techically hindi na kayo monthly since rest days arent paid na. but ang argument is that holidays are already paid kaya in this instance wala na kayong makukuha na extra

Hi Luke,

Below is the computation she gave.

Where 261 days:
247 days - Ordinary working days
11 days - Regular holidays
3 days - 3 special days (if worked x 130%)
---------- -------
261 days - Total equivalent number of days/year

> Ang pag kakaintindi ko nito is 247 working days, 11 days (regular holiday that falls on a workday) and 3 special holiday that falls on a workday. Kasi basically ang 261 days is from 52 weeks multiplied by 5 workdays a week. Ma regular or special holiday sya we worked during that day. Unless mali ang pagkakaintindi ko. Rolling Eyes

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lukekyle


Reclusion Perpetua
yeah just count it, if tama ang bilang then bayad ka na for the holiday and wont get anything extra.

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juhanjuhann


Arresto Menor
lukekyle wrote:yeah just count it, if tama ang bilang then bayad ka na for the holiday and wont get anything extra.

What do you mean count it sir? 261 ang working days without restdays d ba which means given na na paid ako holiday man or hindi sa 261.
nag kataon lang na may 11 na holiday at 3 special sa 261. That being said, kasama ba ang holiday that falls on a restday sa 261?

Thanks!

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lukekyle


Reclusion Perpetua
bilangin mo lahat ng regular holidays 11 ba sya?

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juhanjuhann


Arresto Menor
lukekyle wrote:bilangin mo lahat ng regular holidays 11 ba sya?

Yes 11 ang regular holidays pero ang 261 is considered ordinary working days ko lang siya Luke. Kasi 52 * 5 = 260 + 1 for the leap year. In my understanding, either holiday sya or hindi, paid kami kasi 5 days a week po kami nag wowork and not paid on the restdays.

Ang confusion ko is ung sa provision. Di ako magaling sa Math By the way hehe

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lukekyle


Reclusion Perpetua
regular holidays are unworked but paid according to your HR. wag ka na kasi mag math. kunin mo calendaryo at bilangin mo, if tama

Where 261 days:
247 days - Ordinary working days
11 days - Regular holidays
3 days - 3 special days (if worked x 130%)

then wala na. if mali then you can contest

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juhanjuhann


Arresto Menor
lukekyle wrote:regular holidays are unworked but paid according to your HR. wag ka na kasi mag math.  kunin mo calendaryo at bilangin mo, if tama

Where 261 days:
247 days - Ordinary working days
11 days - Regular holidays
3 days - 3 special days (if worked x 130%)

then wala na.  if mali then you can contest

Actually all 261 days are all worked. We work 5 days a week x 52 weeks. I will check with DOLE para ma clarify. TY  bounce

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lukekyle


Reclusion Perpetua
impossible. You're telling me na not even 1 holiday sa 2017 fell on monday to friday? All 11 holidays were on saturday and sunday?

Wag tamad, kumuha ng calendaryo tapos iplot out mo, tigilan mo yang 52 x 5

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juhanjuhann


Arresto Menor
lukekyle wrote:impossible.  You're telling me na not even 1 holiday sa 2017 fell on monday to friday?  All 11 holidays were on saturday and sunday?

Wag tamad, kumuha ng calendaryo tapos iplot out mo, tigilan mo yang 52 x 5

Hi Luke,

Di kasi fixed ang schedule naming eh. BPO company sya. Ever switching ang schedule. Which means on any day pwede mahulog ang holiday sa restday. Like last week, we had Thursday and Friday as restdays. This week, Saturday and sunday naman ang restday. For the next couple of weeks pwede mag change at any time.

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lukekyle


Reclusion Perpetua
yes all the more reason why you shouldn't 52x5. so NEVER nahulog ang holiday sa hindi rest day?

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lukekyle


Reclusion Perpetua
or are you saying ang ginagawa ng company nyo is basta holiday gagawin nyang rest day?

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juhanjuhann


Arresto Menor
lukekyle wrote:yes all the more reason why you shouldn't 52x5.  so NEVER nahulog ang holiday sa hindi rest day?  

Nahulog sya sa hindi restday from time to time. During Holy week, na hulog sya sa restday namin which is Thursday and Friday.



Last edited by juhanjuhann on Mon Apr 24, 2017 11:18 am; edited 1 time in total

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juhanjuhann


Arresto Menor
And by the way Luke, sila ang pumili ng 261 factor na computation. I actually knew it from the email na sinend nila.

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lukekyle


Reclusion Perpetua
yes so u have to manually compute it. 52x5 will give you the wrong results. you have to count the regular working days (days you went to work) if it is equal to 247 or not. yes sila talaga ang pipili, we just have to find out if correct yung pnili nila

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juhanjuhann


Arresto Menor
lukekyle wrote:yes so u have to manually compute it. 52x5 will give you the wrong results.  you have to count the regular working days (days you went to work) if it is equal to 247 or not.  yes sila talaga ang pipili, we just have to find out if correct yung pnili nila

Now I understand. Sure ako sobra sa 247 and regular working days namin. So it is up to them pala anong divisor ang gagamitin. But based on our payscheme ang sabi mo daily na kami and not monthly just to confirm Luke?

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