Question regarding company benefits

[emtan]

Question lang, pede ba tanggalin ang isang company benefit? For example, when you were hired, you were told that the leaves (SL/VL) were convertible to cash, but after a while, they decided to remove that policy. Pede ba yun?

[obelix769]

If a union is non-existent, company should be able to change policy.

[council]

Please clarify with management on that matter.

IMO, commutation to cash is not per se a company benefit but one that is provided for by the labor code.

Article 95 of the Labor Code provides:

The service incentive leave may be used for sick and vacation leave purposes. The unused service incentive leave is commutable to its money equivalent at the end of the year. In computing, the basis shall be the salary rate at the date of commutation.

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However, if the benefit is "better" than the minimum that the LC prescribes... well... hmmm... that's something I have to do more research on...

[bishop]

Originally Posted by obelix769

If a union is non-existent, company should be able to change policy.

I agree. If there's a union existing, I'm certain this provision is embedded in their CBA.

I know of quite a number of companies that do not have leave conversion policies. I honestly think it's more of a company benefit as against government-mandated (despite the provision that council cited).

[council]

as per experience din though... the company i worked for many years ago did not commute leaves at year-end, but provided for what seemed to be a better option...

15 VL / 15 SL
maximum of 30 VL / 30 SL accumulated.
VL fully convertible to cash upon resignation

[emtan]

Originally Posted by bishop

I agree. If there's a union existing, I'm certain this provision is embedded in their CBA.

Walang union sa company namin eh.

Originally Posted by council

IMO, commutation to cash is not per se a company benefit but one that is provided for by the labor code.

Ah ganun? It's in the labor code? So pede ba namin i-bring up sa management na requirement yun? Ang nangyari kasi, when the company gave our unused VL/SL money equivalent from last year, sinabi nila na starting this year di na daw i-cocommute yung leaves (yun pala yung term). Since none of us had an employment agreement, and none of us were familiar with the labor code, tumahimik nalang kami.

Truth is, di ko alam na required by law pala *** pag commute ng unused VL/SL into cash, I always thought it was a company benefit. I guess things would be different if wala yung policy na yun in the first place, at least parang di ka madidismaya, eh now parang feeling ko parang nabawasan kami ng "compensation", syempre, hindi naman lahat ng tao magagamit lahat ng SL/VL... so parang unfair... umaasa pa naman ang ibang tao dun sa pera na yun. Ewan ko ba, feeling ko na dehado kami.

Originally Posted by council

the company i worked for many years ago did not commute leaves at year-end, but provided for what seemed to be a better option...

Unfortunately, wala rin silang prinovide na mas magandang option. Actually, may nagmention na bawal daw yung ganun, na i-remove yung "benefit" without providing a better or equivalent alternative. Kaya lang I wasn't sure where that person got that information kaya ako nag tatanong dito.

So what should we do? Dapat ba kami gumawa ng petition? May pede pa ba kaming gawin? Can we talk to management about it or do they have a legit claim on removing this "benefit"?

[council]

Originally Posted by emtan

Since none of us had an employment agreement, and none of us were familiar with the labor code, tumahimik nalang kami.

Ah, there's a loophole somewhere.

Why no employment agreement/contract? Are you outsourced agents or project-based?

You might not have any legal basis for questioning them if in the first place there is no employer-employee relationship.

[emtan]

Nope, we're not outsourced agents or project-based. We are regular employees. It just so happens that our company isn't that "organized" when it comes to fixing employee related stuff. In short, wala kaming maayos na HR department. Tapos when we requested for an employment agreement, sabi nila automatic na naman daw na after six months, regular employees na kami. So ayun... wala na kaming magawa.

[council]

umm... while you may be able to prove your employment with them eventually... (by showing payslips and other documents)...

it's a bit of an iffy situation there... they can always deny or change policies at will. no protection for the "employee"

[emtan]

that's what i was afriad of.. parang wala kaming pinanghahawakan. oh well, hopefully makausap namin ng matino yung owners ng company, kaya lang mejo mahirap din sya malapitan dahil madalas syang wala, tapos yung department/personnel that handles this issue doesn't seem to care for us employees either... parang pag nag tanong kami, lagi lang nag papasahan ng kung sino ang in-charge, either that or super general yung mga sagot sa mga tanong namin.

[emtan]

ay, thanks nga pala sa mga nag reply. especially council.

[bishop]

Originally Posted by emtan

that's what i was afriad of.. parang wala kaming pinanghahawakan. oh well, hopefully makausap namin ng matino yung owners ng company, kaya lang mejo mahirap din sya malapitan dahil madalas syang wala, tapos yung department/personnel that handles this issue doesn't seem to care for us employees either... parang pag nag tanong kami, lagi lang nag papasahan ng kung sino ang in-charge, either that or super general yung mga sagot sa mga tanong namin.

if that's the case, then why are you still in that company?

[emtan]

Originally Posted by bishop

if that's the case, then why are you still in that company?

Gusto ko kasi yung ginagawa ko sa company na to. I'm trying to find another similar company to work for, unfortunately, there's not a lot of them. Kaya ayun, andito parin ako.