Q&A: Service Incentive Leave

An employee (undsclosed firm/industry) sent an email yesterday asking about the number of Vacation Leave (VL) and Sick Leave (SL) credits someone  in a private firm is entitled to have or earn in a year.

His previous employer allegedly gave him 20 days of VL and 10 days of SL per year, accrued monthly.  In comparison, the company he currently works for only gives 10 VL and 10 SL, with cash conversion of the unused VLs only.

He was comparing notes with another office mate who was (again, allegedly) getting 30 days of VL but no SL, with  cash conversion for unused leaves at the end of the year.

He wanted to file a complaint with their management but held off until he could get all his facts in order.

So – which is which?  Which company was giving the correct benefit to its employees?  Could he file a complaint against his current (and former) employers for failure to provide the proper leave benefits?

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Q&A: Night Shift Differential

I’ve been asked not a few times regarding Night Differential (aka Night Shift Differential or NSD) – its coverage and amount and/or percentage.  Some have sought clarification  because they understood, albeit in a different way, that any work done in the evening would be paid a corresponding fixed amount per hour of work until midnight.

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Q&A: Holidays with Pay

I have received on numerous occasions certain questions regarding the treatment of holidays in relation to absences of employees, overtime payments on such holidays (whether regular or special), and even holidays on rest days.

A particular question comes to mind:

Where is it stated in the Labor Code that if an employee is absent (without pay) before a holiday, he will not be entitled to the corresponding holiday pay unless he works on that day?

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Paternity Leave Act of 1996



Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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Eating while on Duty

Today, I’ll start posting work-related jurisprudence which employees (and employers as well) may find useful in the conduct of their work.

This first topic is all about.. FOOD! Here’s a portion of a news article about a Supreme Court ruling on eating while on duty. At the end is the link to the full text of the decision.


Dismissal for eating while on duty harsh

By Tetch Torres
First Posted 18:11:00 01/07/2009

MANILA, Philippines — Dismissing an employee for eating while on duty in violation of company policy is a harsh penalty to enforce, the Supreme Court has ruled.

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Job Discrimination


I came across an observation (or comment) posted by a user in a Filipino internet forum, mentioning, among others, that in a particular job search site, there was a company advertising for CSR (Customer Service Representative) positions.  There was one catch though.  One of their requirements: “No nursing graduates please!

I had to verify the claim of the user so I went to take a look at the said job search site, and true enough, I found the advertisement of that company.

Here’s a screen capture (excerpt) of the said advertisement, wherein I highlighted some parts.



The company said that one of its requirements was that the candidate should have completed high school, or a vocational course or a college degree in ANY FIELD. Then it contradicts itself a few lines later by saying “No nursing graduates please!”

Now that may not necessarily mean discrimination at work, but I certainly feel that it definitely it IS discrimination against a particular group of individuals. 

Or are they referring to “nursing” as those who have graduated but currently have newborn babies they are taking care of and breastfeeding?  I don’t think so. 

And that would still be discrimination whatever way you look at it.

I checked the company’s other ads for different positions and some of them had these phrases as part of their (or their client’s) requirements:

  • No nursing graduates please
  • NURSING GRADS applicants will also be accommodated.

So, depending on the position you’d apply for, a nursing background could actually either be  lucky enough to be tolerated or unfortunately directly shunned.

OK so I’ll ask the question directly. 

What’s with the company’s (non) preference for nursing graduates?  It’s come to a point that they actually (or practically) tell us directly that “Hey, don’t bother applying.  We don’t want you.”  This may be true for other employers as well – not just in this case.

The company now on the center stage, right under the glare of the spotlight, is ExcelAsia Training and Development Inc. with its office in Makati City.  It has its sights set on being the “biggest Human Resources Solutions company in Asia.”  But with that kind of attitude, it may encounter some rough sailing.


If a company prefers to hire people based on certain qualifications, I am not totally against that, since it is within their rights to do so.  However, the blatant, open and direct refusal (or limited preference) to hire those who are graduates of a certain course does not speak well of the company and its values.  It sends out the wrong signals to other employers as well.

What about the job search site where this advertisement was initially placed – could they be liable as well for discrimination or failure to protect the rights (and interests) of the general public?

I’m no nursing graduate.  I’m not even from any allied medical field.  But being in the Human Resources field, I  still find it offensive (to say the least) that an advertisement like that is accepted (or tolerated) for posting in an internet job search site that has a wide-reaching audience.

Does the management of ExcelAsia know that perhaps some of their subordinates are actually damaging their company’s reputation by (maybe unknowingly) discriminating against certain types of applicants.  Or do these actions have their blessings?

What else can we do to curb these incidents and prevent them from rising in the future?




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Do, Delegate or Delete It

Do, Delegate, or Delete It

by Frances C. Jones



Do it, delegate it or delete it,” is a Marine Corps maxim that is applied to any request that comes in – verbally or electronically. It’s the idea behind touching each task only once.


How can this maxim help with your job search?


Many of us begin our search methodically, and with purpose. Yet over time, as multiple leads come in, multiple resumes get written, and multiple phone calls are made, both our desk and our email inbox become filled with requests and exhortations. Neglecting these items paralyzes our thinking and keeps us from moving forward. Instituting this Marine Corps mindset enables you to follow up, and follow through, with greater efficiency.


“That’s all very well,” you might be thinking, “but isn’t it a little simplistic? It’s pretty clear which actions fall into which category.”


In fact, no. Because career changes are often stressful – the stakes are high, and they’re personal – it’s often hard to apply the same logic we use to strategize in other areas of our lives. Here are a few tips for each bucket:

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Top Five Resume Myths Exposed

Top Five Resume Myths Exposed

by Nimish Thakkar



Hiring practices, from job screening to interview construction, have undergone a dramatic transformation over the past decade. Despite all the changes, common resume myths continue to plague job seekers’ strategies at all levels. This article attempts to debunk some of these myths.


 Myth 1: It’s all about the number of pages.


The one-page rule is probably the most common resume myth. Candidates, even senior executives, use microscopic fonts, leave off important information, use 0.1 inch margins, and resort to a myriad of unhealthy practices — all in an attempt to restrict their resume to just one page.


Many well-meaning college counselors advise their students to be concise and limit their resume to one page. That was important when you were a student with little or no experience, but why subscribe to the same wisdom after rising to the ranks of senior executive?


However, there is an opposing viewpoint. Some job seekers mistakenly believe that if they can somehow balloon their resumes to four or five pages, then they will be considered for higher paying positions. What? Will someone offer me $250,000 simply because my resume is ten pages and redundant?


No. In every instance, content rules. The quality of experience should influence the length of the resume. If you have held only one job, then don’t try to create a five-page resume. If your background merits a lengthier resume, then don’t use eight point fonts in a desperate attempt to fit everything on one page.

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I have been a member of various local and international online auction sites for many years, having made successful transactions as both buyer and seller on different occasions.  I have likewise been a Paypal user for more than 2 years already and use their services for payment transactions related to the online auctions and other online services I avail of.

I have been recently trying to sell a friend’s laptop in various online auction sites.  I have had a few inquiries and offers to swap but nothing positive has yet come out of those.

Anyway, it seems this second person named BANKS FOLLY (email: bankslive23@yahoo.com) had seen my ad over at Ebay.  He wrote:

Hi Mate,

I want to buy your item and i want you to get back to me now if the item is still available so that payment can be make for the item asap…………..I will pay you PHP 57,800.00 for the total cost of the item including shipping and i will be paying you via PAYPAL and i want you to get back to me with your PAYPAL email address so that payment can be make for the item asap………..I will want you to ship the item via USPS Global Express Mail…..So get back to me now so that payment can be make for the item now…………..


Banks Live

An interesting proposition, it would seem.  I’ve read about these types of activities in the past and had received many so-called “offers” from these “buyers” who always wanted to have their items shipped to a relative in Nigeria.  So I wrote him back:

Send money via paypal using this same address.

I will only ship item when I see funds transferred to my account at the PAYPAL.COM site. I will NOT ship just because I receive email from you or anyone else.

Paypal does not do escrow services.  They do not hold money and wait for tracking number or shipment to be sent.

I have been using paypal for 5 years so I know how it works.

I didn’t hear from him again.

Remember, if it sounds too good to be true, then it probably is.  CAVEAT EMPTOR (Buyer Beware)!

Paypal is NOT (and does not provide) an ESCROW SERVICE.  They will not hold payment for anyone or expect confirmation of shipment (tracking numbers, etc) to be sent to them.  PAYPAL is about a person-to-person DIRECT transaction always.


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