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Can the employer do this?

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1 Can the employer do this? on Thu May 03, 2012 10:09 am

viosman


Arresto Menor
Hi, my friend started a new job in Dec 2011. She signed a contract with an agency who was employing staff for the a new company. However she was asked to sign a new contract with the actual company employing her on the same day. She never received payslips for Dec, Jan and for the 1st half of Feb. When she got the payslip at the end of Feb she noticed that the salary agreed on the very 1st contract was not the same.
She contacted HR who always seemed to be too busy to try to sort this out, she knew that she had signed the original contract showing 3k more per month. She eventually contacted the HR Director, he asked her to get hold of the 1st contract she signed. She now has this and it does show the higher figure. After many requests to see HR they eventually told her yesterday that she will not be getting the higher figure they agreed to pay her on the 1st contract. She is now considering if there are any options available to her:
1- Has the employer breached any employment code in not and has still not provided her with her 1st 4 payslips, had they have she could have decoded what to do very early in her employment.
2- Should she file a Grievance and see what happens?She is concerned how this will look on her file though.
So to summarise she has the evidence, her original contract showing a higher figure, lots of emails asking HR for help, they even asked her to get the original contract from the agency. The original contract is signed by the now HR manager for the company employing my friend.
It looks like they have been very underhand just to save 3k per month.
We would appreciate some advice as what if anything my friend can do.
Thank you

PS Since writing you the message the company have made no attempt to resolve this matter, we dont think they have a staff handbook or a grievance procedure. Is this a breach of any DOLE Code plse?

Could really do with any advice asap please.

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2 Re: Can the employer do this? on Fri May 04, 2012 9:44 pm

attyLLL


moderator
look at it from a real world perspective, if she files a case against her employer at dole, she will be able to uphold her rights, but it will be a career killer.


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3 Re: Can the employer do this? on Sat May 05, 2012 3:52 am

viosman


Arresto Menor
Understood but what would you recommend then plse? Let the employer get away with it? Should they have a grievance procedure in the staff handbook?

Worse case scenario she could report them to DOLE?
Thanks

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4 Re: Can the employer do this? on Sat May 05, 2012 12:18 pm

attyLLL


moderator
the legal remedy is to file a money claim at nlrc or a formal complaint at dole.

internally, she can write letters up the management chain.


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5 Re: Can the employer do this? on Sat May 05, 2012 12:26 pm

leeroyjethro gibbs


Arresto Menor
good morning!
my question is can an employer set a specific deadline as to when their workers can only resign? for example if the employer says its company policy that resignations for those planning to leave must be tendered on august, and I resign on october, the salary i got from september will be deducted from the 13th month pay that I would be receiving after I resign. Is their any legal basis or philippine labor law supporting such a practice?Does it not constitute forced resignation?Thank you and i am praying for your kind and prompt response.

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6 Re: Can the employer do this? on Sat May 05, 2012 12:34 pm

attyLLL


moderator
no, what the law only requires is for the employee to render 30 day notice.


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7 Re: Can the employer do this? on Sat May 05, 2012 12:46 pm

leeroyjethro gibbs


Arresto Menor
atty, let me be more specific and i do beg your indulgence.can a private school assert that i should have tendered my resignation on march30? and now that i resigned this late april, they say i should not have been given my salary from april 15 and april 30. they say its legal because that has been the company practice for more than 20 years.
the only remedy they say is for them to deduct what i got this april's salary to what i can get for my 13th month pay. if i do not agree they will not issue my work certificate and wont be able to apply.

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8 Re: Can the employer do this? on Wed May 09, 2012 10:33 pm

attyLLL


moderator
all days worked should be paid, but if no 30 day notice rendered, the company is entitled to damages.


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