Dear Attorney,

I have been working with a company for almost two years, but they have not granted me any sick leave incentives during my employment. They also did not provide me with any back pay when I left. What are my rights in this situation, and is there any action I can take to claim what I am owed?

Sincerely,
Concerned Employee

Insights

In the Philippines, employee benefits, including leave entitlements, are governed by the Labor Code and various company policies. Sick leave, specifically, is not explicitly mandated under the Labor Code for private-sector employees. However, certain companies voluntarily offer sick leave as part of their benefits package. It is crucial for employees to review their contracts or the company’s handbook to understand the exact terms regarding sick leave.

Nevertheless, the Labor Code provides a minimum standard for other leave benefits, such as service incentive leave (SIL). Article 95 of the Labor Code mandates that employees who have rendered at least one year of service are entitled to a minimum of five days of service incentive leave with pay, which can be used for either vacation or sickness. If this benefit is not granted, employees have the right to file a complaint with the Department of Labor and Employment (DOLE) for non-compliance.

In addition, any concerns regarding back pay should also be addressed. Back pay refers to the final payment of wages, including salary, benefits, and any other accrued payments owed to an employee upon termination or resignation. Employers are legally required to settle back pay within 30 days of separation from the company, barring any justifiable reasons for delay. Failure to do so constitutes a violation of labor laws, and the employee may file a case with DOLE to recover unpaid wages.

It is essential to seek legal advice to evaluate the specifics of the employment arrangement, as employers may face administrative sanctions or fines for violating labor laws.