Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Over Worked...

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Over Worked... on Thu Feb 09, 2012 10:30 am

Ira Raphael Vergara


Arresto Menor
Hi! I'm currently working for a BPO company with a compressed work week program. We are required to work 9.5 hours a day which include 2 15 minute breaks & a 30 minute lunch break wherein are not compensated. For more than 2 months we are required to render mandatory RDOT plus sometimes forced to render pre shifts or post shift OT. I got sick last Monday (fever, cough, headaches) I already informed my OS about it. Yesterday,(3rd day) my condition worsen & my body is already asking for rest. I asked my OS to request for VTO since I cannot focused on my job due to my condition but the answer was No VTO offered. I went to the clinic, rest for an hour. Went to work after that but yet my condition is still getting worse. I will not be allowed to go home even if my condition persist. I asked my OS to have me on leave the next day which is today and guess what, leave is also not allowed.
Questions are:
1. Are short breaks really not paid?
2. Is it legal for the company to force an employee to work even if it's obvious that the agent cannot proceed any more due to illness?
3. Is it legal for the company to deprive an agent for the needed sick leave due to worsening condition?
Thank you & I look forward to your enlightening response.

View user profile

2 Re: Over Worked... on Thu Feb 09, 2012 3:27 pm

Ira Raphael Vergara


Arresto Menor
Another thing, a co worker of mine had a different case. There was a scenario in our company wherein most of the employees received just a partial of their salary or non at all and this has been going on since August of 2011. Now the last pay out (January 30) wherein almost all of us had the same problem. Since my co-worker didn't received his usual pay, he didn't report for work for 2 consecutive days but informed his OS of the situation. On the 3rd day he went to the office and filed his resignation. The management stated then that he will undergo the usual process to get his clearance signed which is fine. Now the salary problem was corrected by the company but not all of it and said that my co-worker was considered as AWOL and the SM's will not sign his clearance and his salary which was for the January 30, 2012 pay out was put on hold.
Is it legal for the company to consider an employee AWOL for being absent for 2 days but notified the OS.

Can the company withold the employee's salary which was supposedly received by the employee if not for the company's payroll problem?
Thank you.

View user profile

3 Re: Over Worked... on Fri Feb 10, 2012 7:50 pm

attyLLL


moderator
1) short breaks are paid
2) only if the employee can't demonstrate that she is really sick, such as with a med cert
3) same

it depends whether the process for notification was followed, and it can be demonstrated that it was indeed followed.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

4 Over Worked... on Sat Feb 11, 2012 11:03 am

Ira Raphael Vergara


Arresto Menor
attyLLL wrote:1) short breaks are paid
2) only if the employee can't demonstrate that she is really sick, such as with a med cert
3) same

it depends whether the process for notification was followed, and it can be demonstrated that it was indeed followed.

Thank you so much attyLLL for answering my questions. More power to you and to Pinoylawyer.org.

View user profile

5 Re: Over Worked... Today at 4:41 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum