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TOPIC: COnsultancy Contracts vs Labor Standards

COnsultancy Contracts vs Labor Standards 1 year 3 months ago #17838

We have a consultant who works 35 hours per week/5 days per week or at most 7 hours per day. She can render 5 hours on MOnday, 10 hours on Tuesday, etc, as long as she completes 35 hours. As per contract, it was stipulated that should a holiday fall on a weekday, her working hours for the week will be reduced but she will be considered paid on the holiday. E.g holiday falls on a weekday, her working hours for the week will be reduced to 28 hours (35 -7 hours corresponding to the holiday) but her salary will be computed based on 35 hours. As per our acctg, she is covered by holiday pay rule, i.e. since she did not report for work the last working day prior to said holiday, she should not be paid for the holiday. Question. Are consultants covered by labor standards? Since contract stipulated that she will be paid the holiday, (no mention about the requirement to be present the last working day prior to holiday), shouldn't the contract prevail over what is prescribed in the labor code?
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