Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

WEEKEND HOLIDAY PAY

View previous topic View next topic Go down  Message [Page 1 of 1]

1 WEEKEND HOLIDAY PAY on Fri Sep 29, 2017 1:11 pm

nhyrein11


Arresto Menor
i work in a BPO in makati. 14575 yung monthly rate ko sa work. MON-FRI at every other SAT ang pasok. monthly paid daw kami according sa company namin. above minimum wage daw kami. pero as i read sa law ang monthly paid employees are paid all days of a year(365 days), including rest days and unworked holidays.

kasi kung monthly paid ako, ganito yung kakalabasan ng computation:
(14575 X 12) √∑ 365 = 479.18(daily rate ko)

meaning below minimum ako, kapag ganyan yung computation.

pero may ginagamit silang divisor na 23.75 days a month sa pagcompute ng absences and OVERTIME. (23.75 X 12 = 285). meaning 285 days lang pala kami a year binabayaran. hindi binabayaran yung restdays namin na SUNDAYS and every other SATURDAY.

here's what i'm really concerned with: PAG PUMAPATAK NG SUNDAY OR SATURDAY YUNG HOLIDAY EH DI KAMI BINABAYARAN. hindi ba talaga kami entitled sa saturday and sunday holiday pay? gusto ko lang sana maconfirm bago ako mag-direct sa DOLE. salamat.

View user profile

2 Re: WEEKEND HOLIDAY PAY on Fri Sep 29, 2017 3:38 pm

mikos23


Reclusion Perpetua
You are making a wrong comparison.

daily rate/paid employees are no work no pay employees. they are not paid for the actual days that they have worked and on un-worked holidays. The have no pay for special holiday or un-worked rest day. At he current rate, the minimum wage is 491 (481 basic + 10 ecola) for your working days, the equivalent monthly pay a daily pay employee will receive (using 23.75 thats 285/12) would be P11,661.25

Monthly rate/paid employees are those who are paid every day of the month, including un-worked rest days, special days, and regular holidays. now you are earning P14,575.00. you are above minimum wage, and you are paid for rest days, special holidays and regular holidays

For payroll computation, for daily rate, the timekeeper counts the number of days that you have worked. for monthly rate, the timekeeper counts the number of absences (or leave without pay) you have incurred. What's the difference? some cut-off have only 11 days up to 15 or 16 days. daily paid are only paid i.e. 11 days. for monthly rate, the number of days doesn't matter. as long as you have no absent, the computation starts with your monthly rate divided by 2

Every computation started in the minimum wage and that's 491. if you look in the DOLE website, they put up a guide on how to compute the Estimated Equivalent Monthly Rate.

The 365 you are stating is based on if you are paid for every day of the year. usually 365 factor is for managers. Since you are not a manager do not use this factor.

The factor they used is modifying the 261 days per year and since you have 2 saturdays per month, thus it became 285.

So in short, they are using the guide formula given by dole and they are not violating any law.



View user profile

3 Re: WEEKEND HOLIDAY PAY on Fri Sep 29, 2017 4:19 pm

nhyrein11


Arresto Menor
thank you po sa reply.

so ibig sabihin po is wala kaming fixed na rate a day. thanks.

View user profile

4 Re: WEEKEND HOLIDAY PAY on Sat Sep 30, 2017 7:58 am

arnoldventura


Prision Correccional
I'm not sure how this will apply to you, but try reading this and maybe this may help you become more guided on the rules regarding holiday compensation. https://www.alburovillanueva.com/compensation-holidays-non-working-days

View user profile

5 Re: WEEKEND HOLIDAY PAY on Sat Sep 30, 2017 8:31 am

mikos23


Reclusion Perpetua
As I've stated, everything started in minimum wage.

So starting P491.00 per day, they then computed the estimated equivalent monthly rate (EEMR) which is P11,661.25 - monthly equivalent of the minimum wage

For you, they pegged your starting basic at P613.00 / day. This is above minimum wage. then they computed your EEMR what resulted to P14,575.00. This is what they showed you and put in your contract. so do not compute it back to daily rate using 365 factor, you would not get the same result.

View user profile

6 Re: WEEKEND HOLIDAY PAY on Sat Sep 30, 2017 8:41 am

mikos23


Reclusion Perpetua
Here is the computation for the 285 factor they used.

Where 261 days/year

246 - ordinary working days
12 †- regular hol idays
3 †- special days

261 Total equivalent no. of days/year

Computing # of Saturdays worked per year
Assumed working 2 Saturday per month and in 12 months thatís 24 Saturday
Add 24 Saturday to 261 stated above you get 285 days work days per year

As you can see, on the computation of 261 days per year, guidelines given by DOLE, you are paid for the Holidays, it doesn't matter if holiday fall on saturday or sunday. Your Holidays are still paid.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum