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change on commission scheme without notice

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1 change on commission scheme without notice on Fri May 25, 2012 1:48 pm

amiled33


Arresto Menor
Dear Atty,

I just wanted to hear your legal advice re. on commission as sales incentives. Last year, our company offered a commission scheme as sales incentive for sales team provided that we meet our quota. The said proposition was initiated by our Head Office Director, there was no written memo given, but there was a detailed email on the conditions, guidelines and computation sent to all head managers (btw i'm the sales manager). At first, they there was no problem on it, the Director made the computation and the new GM appointed me to do distribution amount for my sales staff (in accordance to guidelines). Hence, there was a transparency on our first commission benefit. Luckily we hit our quota again, however without prior notice the new GM changed the guidelines, conditions,computation and distribution of sales commission (the Director went back to Head office and appointed the GM). From Sales Commission as Sales Incentive, the new GM changed it to Profit Sharing. Worst thing was they didn't allow me to see the computation and distribution list. When I clarifed this matter and asked a copy of computation to our GM thru email, he told me that I have no rights to decide on it because I'm not the GM. From a secret source I got a copy of distribution list and confirmed that our Sales Commission was changed into Profit Sharing. I was able to contribute an estimated of 60% -70% in our sales, however when I got my commission or profit sharing, it's only 20% higher than the amount given to other staff like admin and accounting staff. My concern is -do I have a basis to sue this company? is my legal right as an sales employee and as a manager violated? I would appreciate your help.

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attyLLL


moderator
dont begin with suing. request for a computation, and move it up the chain.


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amiled33


Arresto Menor
Dear Atty,

Thank you for your feedback. I tried to ask for computation, but they didn't show it to me and insisted that I don't have rights.

I tried to escalate the problem to our Director in head office, however he was quite busy and he couldn't attend to my concern, instead he just answered me that he will ask the GM.

I have nothing againts the company giving a profit sharing, however it's very significant they should discuss these changes first to Sales people and how it would affect the computation of sales commission scheme.

For a brief background, our GM is an expat and just started last August.

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attyLLL


moderator
then give a ff up letter to the gm courteously reminding him of your concern. do it again twice after every month. filing a case at nlrc is a right, but can also be a career killer.


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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.
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