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Non-Diminution of Benefits

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1 Non-Diminution of Benefits on Wed Dec 21, 2011 8:10 pm

rpreyes


Arresto Menor
Hi Atty,

My husband is working for a manufacturing as a Sales Officer. Recently, the Management released a memo stating that absences of beyond 2 days a month will result to non-release of their incentive. He's been a consistent quota achiever and thus he has been regularly receiving monthly incentives for this.

Last October, our 2 kids was hospitalized. One of which was serious that our Barangay Rescue even helped in bringing our kid to the hospital because he has a heart condition. Because of this he decided to take a leave of absence to be with our kid. His leave was approved by his Area Manager and Sales Director.

Come November, his incentive for his October (quota achievement) was not released due to his absence for the month of October. He rquested thru his Sales Director to reconsider this since his case was emergency in nature. However, the Finance dept. disapproved the request. He got information that the original plan was really to forfeit the benefit instead of just delaying it.

Then this December, when it was supposed to be released, the said incentive is still not yet released as promised. His Sales Director is helping him out with this. But the final say really is the Finance person.

If this incentive is really forfeited can it be considered as a Non-Diminution of Benefits? He's been receiving monthly incentives for almost 2 years now until the recent incident. The only month his incentive was not released was that for December because of the said memo.

Hope to get your soonest inputs on this.

Thanks
Mrs. Reyes

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2 Re: Non-Diminution of Benefits on Thu Dec 22, 2011 1:49 am

attyLLL


moderator
i hope his communication is in writing. if he is not paid the incentive, i believe he has good cause to file a money claim at dole or nlrc


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3 Re: Non-Diminution of Benefits on Sat Dec 24, 2011 8:05 pm

rpreyes


Arresto Menor
Yes Atty, his communications are in writing. He also has text messages that he doesn't delete.

Thank you very much for your inputs.

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4 Re: Non-Diminution of Benefits on Wed Dec 28, 2011 5:31 am

confused MT


Arresto Menor
I am not quite sure if somebody will be able to understand my predicament as I am working in a fairly new industry - BPO, specifically, Medical Transcription, home based. I will try to simplify the issue as much as I can.

Our company was recently purchased by an International company, with the initial provision that everything shall remain status quo, including policies, salaries, benefits. The new company was started only in 11/2011. We were previously paid in the old company the overtime rate of 150% per hour for every 56.25 lines of transcription for regular OT and for 6th day OT. For 7th day OT, we are paid 200% per hour for every 56.25 lines of transcription. However, the new company is now instituting a new overtime policy. For regular day and 6th day overtime, we are required to produce 150% transcription lines as well per hour, meaning from 56.25 lines, we now have to produce 84.375 lines to be paid the 150% overtime rate and for the holiday and 7th day OT, we have to produce 112.5 lines to be paid the 200% per hour OT. Does this constitute diminution of pay? I really would like an answer as we are being required to sign a new contract with these changes on the overtime pay, to take effect 01/01/2012.

Thanks a lot for whoever can help.

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5 INCENTIVE QUERY on Wed Dec 28, 2011 5:40 am

confused MT


Arresto Menor
rpreyes wrote:Yes Atty, his communications are in writing. He also has text messages that he doesn't delete.

Thank you very much for your inputs.

Forgive me for butting in. And I would like to say beforehand that I am not a lawyer. However, in this case, it was not clear if the husband achieved his quota for the month of October and if it was really in the policy that the release of the incentive is subject to attendance parameters. The reason why I am making this comment is that we have a similar policy in our company, wherein the release of incentives are subject to the following conditions:

1. That you surpassed your quota for the month.
2. In our case, being a quality-based business, we also have to achieve an accuracy rate of 98% at least.
3. That you at least have an attendance grade of 3.75 for the month.

If condition #2 is not met above, but condition #3 is met, the employee receives only 20% of the incentive for the month. If condition #2 is met, but condition #3 is not met, then the employee receives only 80% of the incentive. The employee gets 100% of the incentive if he/she meets all the conditions above.

But if the husband's company have no such clear-cut policies on the incentives, then I believe it is correct that the written communication will be proof enough that his incentives were withheld unlawfully.

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6 Re: Non-Diminution of Benefits on Wed Dec 28, 2011 7:10 pm

attyLLL


moderator
confused, how is your pay computed for non-OT work? can you describe your normal workday?


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7 Re: Non-Diminution of Benefits on Mon Jun 11, 2012 7:44 am

master97


Arresto Menor
hi attorney!

When I signed the contract, it is clearly stated that I'll be receiving 5k as non- taxable allowance. It's been 3 months and I'm only receiving 3k as non- tax allowance. I have already talked to one of HR personnel and she said that it was a "mistake"/ "typo error" which is of course unacceptable for me.
Can I file a complaint regarding this one? Would my performance have a bearing if ever I file a complaint?

Well the 5k allowance is for transpo and meal allowances. We have separate allowance or what we called performance bonus which is also stated on my contract.

Can you please enlighten me about this one and what do I need to do? My contract is only for 6 months for probationary status and I don't want to wait until my contract expires to receive what I should have received from the very start. Is it necessary to have a lawyer?
Thank you Surprised

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8 Re: Non-Diminution of Benefits on Mon Jun 11, 2012 7:13 pm

attyLLL


moderator
well, here's the thing. there's a difference between non-taxable and net of tax. the company actually can't promise beyond P30,000 annually which is tax free, inclusive of 13th month pay.

you'll have a better chance if the contract can be understood to be net of tax.


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9 Re: Non-Diminution of Benefits on Tue Jun 12, 2012 7:29 am

master97


Arresto Menor

so meaning wala po akong laban? paano po yun eh yun ang nakassad sa contract?
can you please enlighten me? thanks Surprised

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10 Re: Non-Diminution of Benefits on Sat Jun 30, 2012 8:27 am

master97


Arresto Menor
master97 wrote:
so meaning wala po akong laban? paano po yun eh yun ang nakassad sa contract?
can you please enlighten me? thanks Surprised

i need your advice please. thank you

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11 Re: Non-Diminution of Benefits on Sat Jun 30, 2012 8:51 am

attyLLL


moderator
if the contract does not explicitly states that it is net of tax, then it is still tax deductible


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12 Re: Non-Diminution of Benefits on Thu Oct 04, 2012 11:40 pm

teacher bong


Arresto Menor
Last February,our KOrean Language school increased our pay from 9,000 to 12,000 pesos.Today our korean boss announced that he is taking it back and we will revert back to 9,000.My question is do we have legal remedy under the dimunition article of the Labor code

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13 Re: Non-Diminution of Benefits on Fri Oct 12, 2012 2:09 am

teacher bong


Arresto Menor
Last February,our KOrean Language school increased our pay from 9,000 to 12,000 pesos.Today our korean boss announced that he is taking it back and we will revert back to 9,000.My question is do we have legal remedy under the dimunition article of the Labor code

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14 Re: Non-Diminution of Benefits on Fri Oct 12, 2012 8:40 pm

attyLLL


moderator
imo, yes, you would have a right to complain.


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15 Re: Non-Diminution of Benefits on Mon Oct 15, 2012 10:22 pm

teacher bong


Arresto Menor
Sir if I complain,do you think that my rigth was violated under the non dimunition clause of the law.I want to get your expert opinion to know if the case got any teeth if I file my complaint to the SBMA labor office

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16 Re: Non-Diminution of Benefits on Tue Oct 16, 2012 9:42 pm

attyLLL


moderator
yes, i think it will prosper


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17 Re: Non-Diminution of Benefits on Fri Oct 10, 2014 10:14 am

jinxbea


Arresto Menor
Sir , Would like to ask if the reduction of HMO benefits from te coverage of 500K to 75K legal or not? The company is acquired by a new entity and still are not recovering from loses. When the company was acquired the employees were not paid and years of service was retained.

thanks po

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18 non demunition of benefits on Sat Oct 11, 2014 3:12 pm

ztyngray


Arresto Menor
Good day Sir/Mam,
Ask ko lang are companies allowed to change before the end of the taxable year when it comes allowances? Our compay provided us a SKILL ALLOWANCE when We were "promoted" to a higher skill. from Frontline Agents/level 1 to Retention/Level 2 Agents. Now this skill allowance was give to Us Tax Free for the past 1 year and 2 Mos. and now bigla sasabihing Taxable pala mistake daw ng Payroll Officer, so ang effect eh malaki madadagdag sa Year to Date Gross Income at dahil dito babawiin ung mga Months na binigay samin na walang tax. Meron kasi akog nabasang Article na Meron ng Decision ang Supreme Court tungkol dito.G.R. No. 163419. February 13, 2008, Similar Problem but different scenario parehas pagkakamali ng Payroll Officer. and the SC decision is in favor of the Employees. Applicable po ba ung Decision nato ng SC sa nangyayari samin? Thanks po.

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19 Re: Non-Diminution of Benefits Today at 1:57 am

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