Department of Labor and Employment

Browse over 7850 requests from this government agency

Go Back

  • REQUEST SUBMITTED

    You have submitted an FOI request

    Date: 2024-01-30 16:50:45.460537

  • PROCESSING REQUEST

    Your request is already in review

    Date: 2024-01-31 09:44:07.603268

  • REQUEST SUCCESSFUL

    Your request was successful

    Date: 2024-01-31 10:36:28.261324

  • 4

    RATE YOUR REQUEST

    How was your request?

Forced leave

Requested from DOLE by K. Kim at 04:50 PM on Jan 30, 2024.
Purpose: Research and development
Date of Coverage: 01/30/2024 - 01/30/2024
Tracking no: #DOLE-120358406498

Kim 04:50 PM, Jan 30, 2024 

Is it legal for a company to compel an employee to consume their leaves so that there will be no more leaves convertible to cash?

Barboza 09:44 AM, Jan 31, 2024 

January 31, 2024

Dear Kisoo,

Thank you for your request dated Jan 30, 2024 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Forced leave.

We received your request on Jan 30, 2024 and will respond on or before Feb 20, 2024 04:50:45 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://efoi-ph.uc.r.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtMTIwMzU4NDA2NDk4DA, for request with ticket number #DOLE-120358406498.

Thank you.

Respectfully,

Jann Barboza
FOI Officer

Valeros 10:36 AM, Jan 31, 2024 

January 31, 2024

Dear Kisoo Kim,

Thank you for your request dated Jan 30, 2024 04:50:45 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

You asked for Forced leave.

In the Philippines, the provision of standard vacation or sick leave by employers is not mandatory. Instead, the statutory requirement is the provision of Service Incentive Leave (SIL). This benefit grants eligible employees 5 paid days off annually, which can be utilized for either vacation or sick leave purposes. Eligibility for SIL kicks in after an employee completes one year of service with the company.

It's important to note that employers exceeding the 5-day threshold for vacation leave are not obligated by law to offer SIL. Furthermore, employees who have not availed their service incentive leave have the option to cash it out at the conclusion of the year.

It's worth mentioning that only the 5 days equivalent to the SIL can be converted to cash as these regulations do not apply to employers who already provide a more extensive vacation leave period. As the Philippine labor law does not explicitly address carry-over or the conversion of leave to cash, decisions regarding these matters ultimately rest at the discretion of the employer.

We hope that we have addressed your concerns.

Help us to continuously improve our FOI Program Implementation by completing the DOLE-FOI Request Feedback Form through this link: bit.ly/DOLE-FOIFeedbackForm

Thank you.

Respectfully,

Mark Valeros
FOI Receiving Officer

Is this request offensive?

Requests for personal information and vexatious requests are not considered valid requests for Official Information.

If you believe this request is not suitable, you can report it for attention by the site administrators.