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legal basis of transportation and meal expenses
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TOPIC: legal basis of transportation and meal expenses

legal basis of transportation and meal expenses 1 year, 9 months ago #155

  • rtorres
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Hi, I hope somebody could help me justify this simple request to my American boss.

Our office is located in Makati. May ipadadala kasi akong tao, trainer namin, sa isa pang company ng boss ko in Cavite (per his instruction na rin). So nag-request ako ng transportation, hazard, and meal expense for my trainer every time that I will send him to Cavite...Ang kaso nagtanong ang Amerikanong to kung may batas daw ba sa Pilipinas covering this kind of policy.

I made a couple of research; but to my surprise, I can't find any specifics about this. Please help!

Thanks.

Re:legal basis of transportation and meal expenses 1 year, 9 months ago #157

  • lorenjay
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Honestly, one of my waterloos is Labor Laws.

To provide an answer to the issue : What is the legal basis for an employee to demand for transportation and meal expense from an employer? (I exclude hazard expense) I will say:

Laws on Contracts: when said benefits are included in pre-employment agreement (as compensation package) or the giving of the same is included in collective bargaining agreement, that is the legal basis; since stipulations of the contract are the laws between the parties. However, if there is no contract that covers the same, no labor standard law requires an employer to give such benefits. Thus, if your American boss did not agree to pay for the transportation and meal expense, you cannot compel him legally.

I excluded hazard expenses, because I have no idea what hazard expenses cover.

Re:legal basis of transportation and meal expenses 1 year, 9 months ago #158

  • lawlessman
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In addition to lorejay's answer, you can also resort to customary practice as a source of right in labor. So, if the company usually pays transportation, hazard, and meal expenses to its employees in the situations you mentioned, then you can demand it as a right.

Re:legal basis of transportation and meal expenses 1 year, 9 months ago #162

  • rtorres
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Thank you so much for all the suggestions. I think this will work well now...

Re:legal basis of transportation and meal expenses 1 year, 8 months ago #214

  • mjlagumbay
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lawlessman wrote:
In addition to lorejay's answer, you can also resort to customary practice as a source of right in labor. So, if the company usually pays transportation, hazard, and meal expenses to its employees in the situations you mentioned, then you can demand it as a right.


I think this case belongs to article 100 of Labor Code as part of "supplements" practiced by companies to their employees.

Re:legal basis of transportation and meal expenses 9 months, 2 weeks ago #579

  • foobarph
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aha! tama!

may supplement... at facilities...

yung supplement, it cannot be deducted sa wage ng employee (ikanga, parang add-ons na lang ito para dumami yung benefits ng isang employee)

yung facilities naman, it can be deducted sa wage lalo na kung stipulated sa contract (i.e. housing facilities, car loans, etc)

galing! at least, nakakapag review ako kahit tumatambay sa net, ahehe
IBID
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