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Holiday Leave Credits being deducted

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1 Holiday Leave Credits being deducted on Mon Nov 13, 2017 7:24 pm

sagradongekis


Arresto Menor
Hello, this is my first time posting here. Isn't it interpreted on the Labor law that vacation leave for Regular Holidays should not be deducted on your leave credits? We have 12 VL credits every year. The thing is that they deducted my VL credit last May 1, but they didn't compensate me for one full day (holidays are paid 200%, but they only gave me a regular day wage). Example: my daily wage is 500, I received 500PHP and 1 of my VL credits were deducted, making it 11. They should have paid me 1000PHP if they decided to take my credits away, or should have kept my 12 VL credits intact if they want to pay me my normal daily wage only.

Can you advise me on this issue? I informed them about this and the management stated that the law only applies to managerial/supervisorial positions, which doesn't make any sense as they have no OTs, which means that they are not required to go to work on regular holidays. So why the hell would they file a VL if they do not have any work on regular holidays? What are the actions that we could take about this matter.

Please advise.

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2 Re: Holiday Leave Credits being deducted on Thu Nov 16, 2017 6:30 am

mikos23


Reclusion Perpetua
In the labor code there is no "vacation leave" stated. The only thing that is mandated by the government is the Service Incentive Leave which is 5 days paid leave for 1 whole year.

If the company is giving more than the 5 days SIL, they are giving more than what is required by the government.

Now for the 200% holiday payment, this is for those who worked on a regular holiday. You did not state that you have reported for work. If you did not report to work, this should have been a paid holiday and not deducted from your leave credits.

Now look into your leave policy, what is stated there. if it states that unworked regular holiday will be paid 200% (where the 100% will come from your leave credits), they are still in compliance with the law. Right now you gave insufficient data to us to give a proper analysis.

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3 Re: Holiday Leave Credits being deducted on Thu Nov 16, 2017 5:38 pm

sagradongekis


Arresto Menor
mikos23 wrote:In the labor code there is no "vacation leave" stated. The only thing that is mandated by the government is the Service Incentive Leave which is 5 days paid leave for 1 whole year.

If the company is giving more than the 5 days SIL, they are giving more than what is required by the government.

Now for the 200% holiday payment, this is for those who worked on a regular holiday. You did not state that you have reported for work. If you did not report to work, this should have been a paid holiday and not deducted from your leave credits.

Now look into your leave policy, what is stated there. if it states that unworked regular holiday will be paid 200% (where the 100% will come from your leave credits), they are still in compliance with the law. Right now you gave insufficient data to us to give a proper analysis.


Hello, yeah, that should be the SIL. We have 24 in total, 12 VLs and 12 SLs (sick).

No, I didn't work on May 1, because I filed a leave, which was then approved. They deducted a credit from my VL and paid me only 100% (the normal rate) of my regular wage.

Example:

I still have 10 remaining VLs before May 1. I filed a leave and was then approved. My regular wage is 500PHP. I only received 500PHP for that day and my leave credits went down to 9.

I already called DOLE and the lawyer there stated that the leave should not be deducted, or I should have been paid 200% if they deducted my leave, but my manager is still insisting otherwise.

Please advise. Thanks!

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4 Re: Holiday Leave Credits being deducted on Fri Nov 17, 2017 6:42 am

mikos23


Reclusion Perpetua
have you checked if there was any deduction in your salary? or that you were not paid the day before may 1?

Since you did not report to may 1, you will only get 1 day pay for that.

Let's put it this way,

If your cut-off is April 25 - May 8 and May 1 is the only holiday (regular) for the cut-off.

Total days is 14 days less 2 rest days (sun), how many days were you paid?

You should have been paid for the following, 10 days of work, 1 filed vl and 1day for May 1, total of 12 days. also there would be a deduction in your leave credit for the vl that you have filed.

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5 Re: Holiday Leave Credits being deducted on Fri Nov 17, 2017 1:07 pm

Patok


Reclusion Perpetua
why did you file leave for May 1? Eh Public Holiday yun.

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6 Re: Holiday Leave Credits being deducted on Fri Nov 17, 2017 3:27 pm

sagradongekis


Arresto Menor
mikos23 wrote:have you checked if there was any deduction in your salary? or that you were not paid the day before may 1?

No, there was no deduction from my salary. So if my daily rate is 500PHP, I received 5000PHP only (10 days). I was paid 100% only even though they deducted one leave credit. I did not work on that day because my leave was approved, but they deducted a leave.

mikos23 wrote:If your cut-off is April 25 - May 8 and May 1 is the only holiday (regular) for the cut-off.

Total days is 14 days less 2 rest days (sun), how many days were you paid?

Di ba dapat 10 days lang yung bayad sa akin (pwera holiday) kasi 4 days yung rest days? April 29-30, May 6-7.

So dapat 10 days + 1 day (regular holiday) = 11 days = P5500 (daily rate is 500)

mikos23 wrote:You should have been paid for the following, 10 days of work, 1 filed vl and 1day for May 1, total of 12 days. also there would be a deduction in your leave credit for the vl that you have filed.

Yeah that should be the case. If they deducted one leave from my credits, they should have paid me 200% for the holiday (May 1), but they didn't.



Last edited by sagradongekis on Fri Nov 17, 2017 3:34 pm; edited 2 times in total

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7 Re: Holiday Leave Credits being deducted on Fri Nov 17, 2017 3:29 pm

sagradongekis


Arresto Menor
Patok wrote:why did you file leave for May 1? Eh Public Holiday yun.

May pasok po kami ng holidays pero hindi 24 hours yung line of work namin.

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8 Re: Holiday Leave Credits being deducted on Sat Nov 18, 2017 6:37 am

mikos23


Reclusion Perpetua
Nakuha ko na yung reklamo mo.. Baka kaya ka na deduct is because you filed a leave.

Normally if you do not work on a regular holiday, automatically you will be paid 1 day or 100% of your salary.

But if you filed a leave, iba ang nangyari. Whether its a payroll system or manual documentation, you will be paid automatically because of the legal holiday and, since you filed a leave, they will record it and deduct it in your credits... because there is a filed leave. Leave transaction is separated from payroll transaction.

Check with your HR, maybe you should cancel the filed leave since you are entitled to a holiday pay even if you did not report to work.

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9 Re: Holiday Leave Credits being deducted on Wed Nov 22, 2017 9:10 am

Patok


Reclusion Perpetua
hindi ka dapat nag file nang leave.. dapat ni notify mo lang sila na hindi ka papasok kasi public holiday yun..

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