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TOPIC: RA 8187-Paternily Leave Act

RA 8187-Paternily Leave Act 3 years 8 months ago #16105

B) I have availed my 7 days paternity leave and my meal & transpo allowance was deducted. below is my email to our company payroll team:

From: Anthony Guerrero
Sent: 09 September 2015 00:26
To: Payroll-Manila
Cc: Donnie Devillar
Subject: RE: Payslip Posting - September 10, 2015 Payout (August 16-31 attendance)




Hi,

Kindly consider the below Implementing Rules & Regulation of RA 8187 (PATERNITY LEAVE ACT)

IMPLEMENTING RULES AND
REGULATIONS OF
REPUBLIC ACT NO. 8187
FOR THE PRIVATE SECTOR


SECTION 6. Benefits. — The employee is entitled to seven (7)
working days paternity leave with pay, consisting of basic salary, all
allowances and other monetary benefits.

SECTION 9. Non-diminution clause. — Nothing in these Rules shall
be construed to reduce or replace any existing benefits of any kind
granted under existing laws, decrees, executive orders; or any
contract, agreement or policy
between employer and employee.

Now, I would like to ask if my allowance was deducted due to my paternity leave?
If the answer is in the affirmative then please consider the given rules & regulations above.



Thanks & regards,

Anthony Guerrero

While this is the reply of the payroll team:

Hi Anthony,

To give you a clarification on the Company’s Meal & Transportation Allowance which has been acquired from your previous. Please note that per existing policy, MATA is attendance based, thus, you will be deducted of the days that you are not present for work.

The below implementing rules and regulation of RA 8187 applies to mandatory allowances fixed by the regional wage board.



The allowances that WH is providing falls under the de-minimis allowances.

As defined under Section 2.79(D)(3)(d) RR 2-98, de minimis benefits are facilities or privileges furnished or offered by an employer to his employees, provided such facilities or privileges are of relatively small value and are offered or furnished by the employer merely as a means of promoting the health, goodwill, contentment, or efficiency of his employees. This definition is of utmost importance because with the issuance of RR 5-2011, de minimis benefits have been actually redefined.

An Allowance Transition announcement has been sent to all colleagues that all government mandated leaves will no longer be part of the MATA deduction effective September 1st – as part of the enhancement.

Hope this clarifies the concern.

************
Now, my stand is that, no deductions should be made against my allowance as sanctioned by Sec. 6 & Sec. 9 of the IRR of RA 8187.

Atty. whos view then is right & legal?

I hope to hear from you as soon as possible.

More power to you & God bless!
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RA 8187-Paternily Leave Act 1 year 10 months ago #17562

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