102. Payment Methods. – No employer may pay an employee`s salary by means of promissory notes, vouchers, vouchers, tokens, notes, chits or items other than legal tender, even if the employee expressly requests it. There are three ways of looking at this provision. First, companies and their employees can agree in writing to lower wages below the minimum wage. Bringing the contractually agreed wage below the prescribed minimum wage cannot be done legally, as mentioned above. An employment consultation, as noted in the previous article on the extension of the probationary period, is not issued by the DOLE in accordance with its regulatory authority. Even if the DOLE decides to issue a departmental ordinance on this matter, the regulations cannot violate the law. Only regional councils can impose minimum wages, and other agencies, including the DOLE, cannot legally order that wages be lowered below the minimum rate. But at the same time, here at the end, it is said that this is usually accompanied by a pay cut. Has the Supreme Court already said that? Yes, it was also featured in ISABELA-I ELECTRIC COOP., INC. vs.
DEL ROSARIO, JR. Cité. This is the case we mentioned earlier in this video. Earlier. This is a 2019 case. And let`s move on to number 4 of your perception, the employee must be saved. Recoverable? Isn`t that illegal? No, it`s different. Saved in this context means that you believe the employee can make a difference if you give them another chance. There is a chance. All right. So it`s not a lost cause.
129 Recovery of wages, simple pecuniary claims and other benefits. – Upon complaint by an interested party, the Regional Director of the Ministry of Labour and Employment or one of the duly authorized Hearing Officers of the Ministry shall be empowered to negotiate and decide, by summary procedure and upon proper notification, on all matters relating to the recovery of wages and other claims and pecuniary benefits, including legal interests. on the basis of an employee or person employed in a domestic or domestic service, or a domestic help under this Code, arising from employer-employee relations: Provided that such a complaint does not imply a right to reinstatement: Provided that the total amount of the pecuniary claims of each employee or domestic worker does not exceed five thousand pesos (5,000.00 pesos). The Regional Director or Hearing Officer shall decide on the complaint or settlement within thirty (30) calendar days of the date of filing. Any money so recovered on behalf of a worker or domestic helper in accordance with this section shall be kept in a special deposit account by the Minister of Labour and Employment or the Regional Director by order of the domestic worker concerned and shall be paid directly to the employee or domestic worker concerned upon his order. Any such sum that has not been paid to the employee or domestic help because it cannot be located after diligent and reasonable efforts to locate the employee or domestic helper within three (3) years shall be considered a special fund of the Ministry of Labour and Employment, which shall be used exclusively for the betterment and benefit of the workers. The Executive Director shall have the same rank, salary, performance and emoluments as Deputy Secretary of the Department, while Deputy Directors shall have the same grade, salary, performance and other emoluments as the Executive Director. Board members representing employees and management have the same rank, compensation, benefits and benefits as are prescribed by law for employee and management representatives on the Workers` Compensation Board. (As amended by Republic Act No.
6727 of June 9, 1989). This Sunday, however, let me focus on the question of how wages and working arrangements can be flexible and what employers` legal obligations really are in relation to mere humanitarian acts. For the purposes of this Agreement, wage distortion means a situation in which an increase in prescribed rates of pay results in the elimination or substantial reduction of deliberate quantitative differences in rates of pay between and between groups of workers in an establishment in order to effectively eliminate the distinctions incorporated in such a wage structure based on qualifications and seniority. or other logical bases of distinction. chanroblesvirtuallawlibrary So, is it illegal? Not necessarily, because we have the principle of management prerogative. But where does that say in the Labour Code? It sounds complicated, the management privilege is actually very simple, privilege means « right ». Of course, the fourth or what you clarified with the downgrade, you can also lower the salary and your answer was yes. It is an exception to the no-reduction rule, and the Supreme Court has said so.
Yes. Of course, we follow suit. Severance pay is not legally payable if employers have closed their business due to serious losses (article 283 of the Labour Code). However, if it is simply a matter of saving labor costs or making operations efficient, the separation allowance is due at one month for each year of service, or at least half a month for each year of service, if it is made to stop the bleeding of losses. While separation is an exercise of management discretion, labour policies encourage the use of flexible work arrangements to prevent employees from terminating their jobs at this time. If the domestic help leaves without a valid reason, he loses an unpaid salary to which he is entitled, which does not exceed fifteen (15) days. (a) the payment of lower remuneration, including wages, salaries or other forms of remuneration and benefits, to a female worker compared to a male worker for work of equal value; and Since wages are based on contracts, employers cannot unilaterally reduce wages. As mentioned above, you can reduce work to lower wages (Employment Advice 09 Series of 2020). However, in order for full work to be paid with less pay, employees must agree. Those who disagree may be exempted from unpaid work. No.
Case law explains that non-mitigation refers to the reduction of benefits granted to employees at their discretion that cannot be withdrawn because they are granted on the basis of contracts or practices that have become policy over time (Coca-Cola Bottlers Philippines, Inc. vs. Iloilo Coca-Cola Plant Employees Labor Union, GR No. 195297, December 5, 2018). Thus, if, for legitimate business reasons, management reduces work on a rotational basis, four- or three-day work weeks, or reduced working hours, this is not an invalid reduction. The rule of fair daily work is that the fair daily wage is not violated. Paying employees without vacation credits, even when they are not working, is not a legal obligation, even before the COVID-19 situation. Nevertheless, it must be refunded to employees within 30 days of its issuance, or as agreed by the employer or employees under the Single Entry Approach (SEnA), otherwise non-refund will result in the deduction being illegal. The recommendation noted that « in the event that a private security agency requires a cash deposit from its employees, the maximum amount cannot exceed the employee`s one-month base salary. » Can employers reduce their employees` wages? So you said you could degrade people, didn`t you? What happens if you demote someone, can you get their salary, or can you reduce it, or should they stay at the same level? I often hear this from degraded employees who oppose it. And they usually cite the non-diminishing benefits. Non-reduction of benefits.
I remember Atty. Erwin Law School. Speaking of trust, there is no better time than today to bring the employer`s humanitarian care for employees to the surface, but it should go hand in hand with the selfless loyalty of the employee. More than the legal implications, it is the conviviality that gives us the best chance of surviving this most difficult period. Is it fair that you try to argue that? That makes no sense. Here`s the thing, you`re not actually punishing a defective employee. Essentially, you reward them. What for? The responsibility for work is lower, but the level of pay is still high.