Legal Question in Employment Law in Philippines

13th month pay
is absences in a month are deducted to the 13th month pay?
Last December I receive my 13th month pay. I think its just 3/4 of my 13th month. I saw my co-employee higher than my 13th month but we both have the same salary. They say that I have absences that was deducted to the day I actually work. As I read to many articles. I saw that the computation was gross pay x actual month/12 months. Is that legal that I was deducted due to my absences?
Another questions are what is the difference between ecola and cola? and how it is computed? I just recently ask about this to the management and they said that (for example) my salary is P404 a day. P55 there is the cola and my basic pay only is 359. Is that true? In NCR, the minimum pay is P404 but the cola is different from the basic pay. Am I right? So, if I am not mistaken, my basic pay must be P404 and the real cola is 70+ in NCR. What will be the legal action about this? please help

Asked on 5/17/11, 7:17 pm

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

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Visit the Department of Labor and Employment in your region and file a complaint for violation of labor standards law.

Answered on 5/20/11, 8:43 pm

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