Dear Chief Acosta,
GUSTO KO lang pong itanong kung anong p’wedeng ikaso sa employer ng aking asawa na nagtatrabaho sa isang security agency na hindi binabayaran ang holiday pay dahil ginagawang regular day lamang iyon? Walang sick leave conversion at hindi pinagagamit ang vacation leave.
Francis
Dear Francis,
ANG BAWAT manggagawa ay may mga karapatan na nakasaad sa Labor Code of the Philippines. Isa sa mga karapatan na ito ay ang makatanggap ng holiday pay. Nakasaad sa Article 94 ng nasabing batas na:
“ARTICLE 94. Right to holiday pay. – (a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers; (b) The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and x x x”
Maliban sa holiday pay, ang isang manggagawa ay may karapatan ding magkaroon ng tinatawag na service incentive leave. Nakasaad sa Article 95 na:
“ARTICLE 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. (b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor and Employment after considering the viability or financial condition of such establishment.x x x”
Ang hindi pagbibigay ng employer ng nasabing karapatan sa mga manggagawa ay isang paglabag sa Labor Code. Kaugnay nito, ang manggagawa ay maaaring magtungo sa Department of Labor and Employment (DOLE) upang isuplong ang nasabing paglabag ng employer. Ang Secretary ng DOLE o ang kanyang kinatawan ay maaari mag-imbestiga at umaksyon ukol sa nasabing paglabag alinsunod sa Article 128 ng Labor Code:
“ARTICLE 128. Visitorial and enforcement power. – (a) The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers, shall have access to employers records and premises at any time of the day or night whenever work is being undertaken therein, and the right to copy therefrom, to question any employee and investigate any fact, condition or matter which may be necessary to determine violations or which may aid in the enforcement of this Code and of any labor law, wage order or rules and regulations issued pursuant thereto. (b) Notwithstanding the provisions of Articles 129 and 217 of this Code to the contrary, and in cases where the relationship of employer-employee still exists, the Secretary of Labor and Employment or his duly authorized representatives shall have the power to issue compliance orders to give effect to the labor standards provisions of this Code and other labor legislation based on the findings of labor employment and enforcement officers or industrial safety engineers made in the course of inspection. The Secretary or his duly authorized representatives shall issue writs of execution to the appropriate authority for the enforcement of their orders, except in cases where the employer contests the findings of the labor employment and enforcement officer and raises issues supported by documentary proofs which were not considered in the course of inspection. (As amended by Republic Act No. 7730, June 2, 1994).x x x”
Maaari ring magsampa ng kaso ang manggagawa sa National Labor Relations Commission laban sa kanyang employer alinsunod sa Article 217(6) ng Labor Code:
ARTICLE 217. Jurisdiction of the Labor Arbiters and the Commission. – (a) Except as otherwise provided under this Code, the Labor Arbiters shall have original and exclusive jurisdiction to hear and decide, within thirty (30) calendar days after the submission of the case by the parties for decision without extension, even in the absence of stenographic notes, the following cases involving all workers, whether agricultural or non-agricultural:x x x
- Except claims for Employees Compensation, Social Security, Medicare and maternity benefits, all other claims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding five thousand pesos (P5,000.00) regardless of whether accompanied with a claim for reinstatement.x x x”
Atorni First
By Atty. Persida Acosta
