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VLs are privileges/benefits from the Company. Strictly speaking, the law only provides for 5 days of Service Incentive Leave.

 

ART. 95. Right to service incentive leave. - (a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.

 

However, if you are receiving an equivalent or better benefit, then the SIL shall not apply anymore.

 

As to procedure on unused VL, the company, through its policies, has the final say. Some companies convert all unused leaves at year-end. Some allow an accumulation of 30-60 days and have them convertible to cash upon resignation.

 

as per say.. company policy.. so the company has the last say on what to do sa mga unused leaves... but what if its already the end of the year and the company keeps on denying your leaves... is it our prerogative to take the unused leaves or is it still company policy na sila pa rin magdecide kung ipapagamit sayo yung leave or hindi? thanks in advance po ulit... :)

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hi, I'd like to inquire on the topic of retrenchment.

 

Is it an easy process to retrench an employee? I've been told that to retrench an employee sometimes leads to labor cases with the company so it's not as easy as some people think to do retrenchment. Also, what sort of severance package should a retrenched employee expect? Is there one?

 

TIA!

 

There is a procedure for retrenchment, forms to fill up and submit also. It's not that difficult, but becomes so because the matter is not explained to the employee properly.

 

As per Article 283:

 

In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

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as per say.. company policy.. so the company has the last say on what to do sa mga unused leaves... but what if its already the end of the year and the company keeps on denying your leaves... is it our prerogative to take the unused leaves or is it still company policy na sila pa rin magdecide kung ipapagamit sayo yung leave or hindi? thanks in advance po ulit... :)

 

It's not a matter really of KUNG ipapagamit sa iyo ang leave. It may be a matter of KAILAN, especially if the reason they do not allow you to use your leaves is because of operational requirements of the company.

 

Check your company policy on leave usage. Some companies allow unusued leaves to be carried over to the next year. Others convert it to cash.

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  • 2 weeks later...
There is a procedure for retrenchment, forms to fill up and submit also. It's not that difficult, but becomes so because the matter is not explained to the employee properly.

 

As per Article 283:

 

In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

 

Let me just add though the labor cases my stem out of a question whether or not the reason for retrenchment as mentioned above is true or not. Moreover, for forced separation from work such as retrenchment or redundancy, the DOLE shall be notified in writing about it including the names of those who will be affected. One good thing though about retrenchment or redundancy, what ever package the company offer will be tax-free since your separation from work is involuntary in nature.

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Uy, meron din palang ganito na thread. I'm glad there are also discussions such as these. By the way, I'm from an assessment company. Yung mga services namin range from providing computer and online based testing materials (both for pre-screening and mid- high level positions), recruitment / outsourcing (assessment based din), and assessment based training and seminars. We have current openings for call center posts, wherein candidates can undergo free traning to have an edge. For more on these, PM na lang mga concerned individuals. Thanks. More power to MTC.

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Good Day!

 

Allow me to share this information to you regarding benefits and its tax exemption. In our new tax reform law or CTRP as being called. BIR have detailed what benefits and how much is the ceiling amount for each. Popularly these benefits belong to the so-called "DE MINIMIS." De minimis fringe benefits are products and services provided by your empoyer, the cost of which is so small that it's unreasonable for your employer to keep track of them. Included in this tax-free category: use of the office copy machine, supper money or taxi fare paid in connection with overtime work, the value of office parties and company picnics, and small holiday gifts.

 

So here are ceiling amount: Monetized vacation leave - 10 days only in excess is taxable, medical cash allowance to dependents - P 1,500.00, Rice allowance - P 1,000.00 per month only, Uniform and clothing - P 3,000.00, Yearly medical benefits - P 10,000.00, Laundry allowance - P 3,600.00, Employees achievement award - P 10,000.00, Christmas/Anniversary gifts - P 5,000.00 and others.

 

Please take note that the P 30,000.00 ceiling is for all these benefits that Ive mentioned. So if for example the Uniform and clothing plus yearly medical allowance would exceed to P 30,000 then immediately all other benefits in excess of it is considered taxable ... bad isn't it :(

 

 

Hi! I'd like to ask something about this "De Minimis" fringe benefits...

 

Our team ( I work in a call center ) is having an issue right now with the Payroll with this.

 

You see, our basic pay has in fact, an "assignment allowance" meaning, we get this additional amount of money while me and my teammates are in the account/service we work for. Now come January 2008, we made an inquiry to our Payroll Dept if this "assignment allowance" would fall under the "OTHER Benefits" category of DeMinimis fringe benefits. Out team did not, I repeat, DID NOT insist on giving us a refund of some sort or anything to that effect.

 

So, come payday, the Payroll dept "refunded" to us the amount which me & my teammates were suppose to pay them (tax payable).

 

Now here's the thing, the Payroll department says that this "assignment allowance" is still part of our taxable income and does not qualify for "OTHER Benefits" under the DeMinimis rule. Is this true?

 

If this is true, then here's the next issue.

 

The Payroll dept is now reclaiming the "refund" they gave us because they made an "error" and are now saying that the tax payables & computation is True & Correct to their knowledge.

 

Would the Payroll Dept be liable in the event they deduct the full amount they "erroneously" gave us?

 

I really, really need your advice on this guys. Thank you very much & more power to your tribe.

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Now here's the thing, the Payroll department says that this "assignment allowance" is still part of our taxable income and does not qualify for "OTHER Benefits" under the DeMinimis rule. Is this true?

 

If this is true, then here's the next issue.

 

The Payroll dept is now reclaiming the "refund" they gave us because they made an "error" and are now saying that the tax payables & computation is True & Correct to their knowledge.

 

Would the Payroll Dept be liable in the event they deduct the full amount they "erroneously" gave us?

 

I really, really need your advice on this guys. Thank you very much & more power to your tribe.

 

I talked to our tax consultant(s). PNA, SGV, etc...

 

They don't recall any BIR ruling on assignment allowance as being part of de minimis, ergo it is right that it should be considered as taxable income.

 

if payroll deducts the amount they erroneously gave, they have all the rights to do so.

 

i suggest you request your tax people to write to BIR for a ruling on this.

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Guest silenciotira

Kung sino po ang mga abogado dito at HR Manager:

 

I work in a school and my work here in non-teaching work mostly administrative & clerical.

 

I am currently employed in another school which is a college also I work there as Part-time College professor.

 

so this is the picture:

 

8-5 pm Administrative Staff in a University (Monday to Saturday) Employer 1

 

6-8pm Part-time College Prof in Private College (Monday to Friday). Employer 2

 

Ang mother employer ko ay yung 8-5pm job ko.Regular na ako dito almost 6 years na.

 

Do I commit any labor violation kasi hindi alam ng mother employer ko na may other job ako.Bawal ba ito sa batas natin ?lalo kung parehong magkalaban ang eskuwelehang pinaglilingkuran ko.

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Kung sino po ang mga abogado dito at HR Manager:

 

I work in a school and my work here in non-teaching work mostly administrative & clerical.

 

I am currently employed in another school which is a college also I work there as Part-time College professor.

 

so this is the picture:

 

8-5 pm Administrative Staff in a University (Monday to Saturday) Employer 1

 

6-8pm Part-time College Prof in Private College (Monday to Friday). Employer 2

 

Ang mother employer ko ay yung 8-5pm job ko.Regular na ako dito almost 6 years na.

 

Do I commit any labor violation kasi hindi alam ng mother employer ko na may other job ako.Bawal ba ito sa batas natin ?lalo kung parehong magkalaban ang eskuwelehang pinaglilingkuran ko.

 

Check your contract with employer 1.

 

your situation may be classified as "conflict of interest"

 

most of the time, there is a non-compete clause in the contract.

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To any lawyer/HR people who are familiar with the Manual of Regulations for Private Schools:

 

I'm a private school teacher for four years. Actually on my fourth year of teaching I was appointed as principal. Every year, nag sisign kami ng contract for 10 monts. But I also work for summer(Not included in the contract)... Thats a total of 46 months(continues) of work in that school. So I consider myself as a regular employee since lampas na ako ng 3 years probation.

 

Policy ng school every march na kailangan magsubmit ng letter of intent if you would like to continue to work in the school. And I did not submit mine. Since until march 31 lang contract ko im now out sa school. My question is... am

I eligible to get a seperation pay? Note: I did not submit any resignation letter.

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question lang po:

 

paano ko ba macompute ang salary ng 1 employee kung broken time sya? ex. he works at 8am to 11am then his next schedule of work is around 7pm to 10pm.

 

Should this be considred as 8 hrs with OT?

 

Clarify lang muna:

 

1. Why broken time?

2. What do you do betwen 11 AM and 7 PM?

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i'm considering teaching as a career at this point in my life. what are the requirements to be licensed to teach? does that mean i have to go back to undergrad studies and take up Education? or i'll just take up the major course since i'm already a college grad. can you recommend a good school na affordable? UP?

 

i believe that there's no age restriction in teaching. tnx for your inputs.

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i'm considering teaching as a career at this point in my life. what are the requirements to be licensed to teach? does that mean i have to go back to undergrad studies and take up Education? or i'll just take up the major course since i'm already a college grad. can you recommend a good school na affordable? UP?

 

i believe that there's no age restriction in teaching. tnx for your inputs.

 

take 18 units of education subjects then pass the Licensure Exam for Teachers (LET). UP is no longer affordable (1000 per unit) try PNU. peace!

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Kung sino po ang mga abogado dito at HR Manager:

 

I work in a school and my work here in non-teaching work mostly administrative & clerical.

 

I am currently employed in another school which is a college also I work there as Part-time College professor.

 

so this is the picture:

 

8-5 pm Administrative Staff in a University (Monday to Saturday) Employer 1

 

6-8pm Part-time College Prof in Private College (Monday to Friday). Employer 2

 

Ang mother employer ko ay yung 8-5pm job ko.Regular na ako dito almost 6 years na.

 

Do I commit any labor violation kasi hindi alam ng mother employer ko na may other job ako.Bawal ba ito sa batas natin ?lalo kung parehong magkalaban ang eskuwelehang pinaglilingkuran ko.

 

This is pure moonlighting... If you're full-time with one school often times you can't be part time anywhere else... unless you have written expression that you are teaching in another school the rule can be bended but most school won't allow this, i know of a person who got terminated because of this. You can't serve two masters in the academe unless part-time part time ka lang. If you decide to go full time... dun ka na for life... magpaka autistic ka.

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what's the difference if i take undergrad course BSED and Master of Arts in Education? which is shorter and do both require taking up Licensure Exam for teachers?

 

BSED is an undergrad course, Masters = post grad. undergrad course 1-4 years if second course, it'll depends on the school, if you want depending on your degree you can go straight for a Master's Degree. choose your area of specialization either, Ed Ad or Basic or ICT. If you intend to teach in elem or highschool you have to take the licensure exam for teachers if kung sa college, 18units will do... no need for license.

 

HTH

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P1000 per unit so if 18 units of education, only P18,000? am i correct? thanks so much.

 

I wish ganyan nga... but its not... yan lang ung sa tuition perse... but misc fees will be added... library fee... at kung hano hano pang mga fee... normally in DLSU for a normal 9 units... umaabot ako ng almost 30K

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BSED is an undergrad course, Masters = post grad. undergrad course 1-4 years if second course, it'll depends on the school, if you want depending on your degree you can go straight for a Master's Degree. choose your area of specialization either, Ed Ad or Basic or ICT. If you intend to teach in elem or highschool you have to take the licensure exam for teachers if kung sa college, 18units will do... no need for license.

 

HTH

tnx for the info DA

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Guest silenciotira
i'm considering teaching as a career at this point in my life. what are the requirements to be licensed to teach? does that mean i have to go back to undergrad studies and take up Education? or i'll just take up the major course since i'm already a college grad. can you recommend a good school na affordable? UP?

 

i believe that there's no age restriction in teaching. tnx for your inputs.

 

Option 1

 

1.Think first,the level of the student you want to teach (elementary,high school or college).

 

2.Assess your bachelor degree.If your a graduate of Computer Science,earn first your 18 units of Education at any public universities or private if you can afford.

 

PNU & PUP are offering CERTIFICATE COURSE on TEACHING at P 125.00/ above per unit.

Admission usually begins during JANUARY up to April .

 

Then kapag natapos mo ang 18 units kuha ka ng LET.Ipasa mo.Pag nakapasa.Apply ka na directly sa mga schools elementary or high schools.

 

Option 2

 

1.If your a graduate of Computer Science then get a Master degree related to your bachelor course.You are required to take up minimum of 42 units to 60 units in order to earn your Master Degree.

 

2.May mga school na tumatanggap na applicant na on-progress ang Masteral degree to be one of their lecturer.Sa college payag sila na on-going ang masteral mo at pede ka ng magturo pero sa elementary at high school hindi allowed yon.

 

Salary of a College Lecturer/Instructor level with units in Masters degree P 120.00 per hour

(depende sa school)

 

Salary of a College Professor with complete Masteral degree P 180.00 per hour

or depende sa school.

 

Prestigious universities like Ateneo,University of Asia Pacific or DLSU will give you P 450 per hr.

 

Then lalo na kung may doctoral degree ka mga P 600.00 up per hour.

 

kya ako eto ang raket ko eh.

 

heheheheheheehehehehehehe

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Option 1

 

1.Think first,the level of the student you want to teach (elementary,high school or college).

 

2.Assess your bachelor degree.If your a graduate of Computer Science,earn first your 18 units of Education at any public universities or private if you can afford.

 

PNU & PUP are offering CERTIFICATE COURSE on TEACHING at P 125.00/ above per unit.

Admission usually begins during JANUARY up to April .

 

Then kapag natapos mo ang 18 units kuha ka ng LET.Ipasa mo.Pag nakapasa.Apply ka na directly sa mga schools elementary or high schools.

 

Option 2

 

1.If your a graduate of Computer Science then get a Master degree related to your bachelor course.You are required to take up minimum of 42 units to 60 units in order to earn your Master Degree.

 

2.May mga school na tumatanggap na applicant na on-progress ang Masteral degree to be one of their lecturer.Sa college payag sila na on-going ang masteral mo at pede ka ng magturo pero sa elementary at high school hindi allowed yon.

 

Salary of a College Lecturer/Instructor level with units in Masters degree P 120.00 per hour

(depende sa school)

 

Salary of a College Professor with complete Masteral degree P 180.00 per hour

or depende sa school.

 

Prestigious universities like Ateneo,University of Asia Pacific or DLSU will give you P 450 per hr.

 

Then lalo na kung may doctoral degree ka mga P 600.00 up per hour.

 

kya ako eto ang raket ko eh.

 

heheheheheheehehehehehehe

 

good idea. tnx silenciotira. i think mas gusto ko ata option 2. to take a masteral degree. my major is ab psych. so i can teach in college without having to take up LET. i prefer teaching college students i guess.

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