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  1. #1
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    Default Leave Conversion Issue


    Pasabta kuno ko.

    The contract stipulates that an employee gains 15 days VL and 12 days SL after one year of service.
    We are working on a compressed 48 hour work week.
    That means we work 9.6 hours a day (9 hours and 36 minutes).
    The issue is when they convert the initial leaves into hours, they use 8 hours.
    However, when we actually file a leave they deduct 9.6 hours.
    So if we do want to file a leave for 15 days, some of the days would cause salary deduction because the balance would run out before it even reaches 15 days.

    Can anyone explain to me why what they are doing is correct or not?
    I just cannot get the connection.
    One day of leave is supposed to only deduct one day...but technically it does not.

  2. #2
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    Default Re: Leave Conversion Issue

    Up lang...

    Ideas anyone?

  3. #3

    Default Re: Leave Conversion Issue

    Hello TS, i think it's like this.

    You only work for 8hours a day but you stay in the office for 9.6hours a day. You are not paid for the hour but for the value you make with the hour. Maybe the thing that confused you is when you computed your hourly rate. Am I right on this one? It should not be 9.6hours but instead 8hours only.

    If you work 9.6hours a day excluding snack/meal breaks, then you should be paid with your hourly rate plus an overtime premium for the work hours you spent in excess of 8hours as, i believe, mandated by law.

    So, a 15-day straight VL should not result to a salary deduction. I hope this helps

  4. #4
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    Default Re: Leave Conversion Issue

    Quote Originally Posted by popoi View Post
    So, a 15-day straight VL should not result to a salary deduction. I hope this helps
    This is my primary point to them, and they still think otherwise.

    Otherwise, for you initial point, I don't know what the law states.
    I only know that we are working in a 48 hour compressed work week.
    Working 9.6 per day, actual working hours is 8.6 because of an hour break.

  5. #5

    Default Re: Leave Conversion Issue

    This is lifted from the labor code but i dont know if it is updated (i just googled it):

    ART. 83. Normal hours of work. - The normal hours of work of any employee shall not exceed eight ( hours a day.

    Source: Book Three : Labor Code of the Philippines : Presidential Decree No. 442, as Amended

    Back to your problem, so they admit that there is a salary deduction good for 24hours ((9.6-8hours)*15days) if ever you are to exercise your 15-day VL in one stretch?

    hmm. I thought at first that there was just a confusion in the number of hours deducted in your time summary because if i were in the company's position, HR would deduct 9.6hours from your time summary, which for them is equal to one day, but payroll or finance should take it as one day of paid leave so it should never result to a salary deduction.

    I think you better clarify it with finance and/or HR regarding your company's policy with regards to leaves.

    Sorry if i just made it more confusing.

  6. #6

    Default Re: Leave Conversion Issue

    TS, kindly know which part of your working hours is paid and which is not. I am not sure though if your company is paying you the whole 9.6hours work. What about your lunch?breaks? Are those part of the paid hours in your company? You should know because if they compute or convertonly 8hours per day then that's a problem there.

    In our office, we are working a total of 9hours but that includes 1 hour lunch which is unpaid and 2 15-minute breaks which are paid. Coordinate with your boss or HR about this.

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