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Are OJT's allowed by law to Vote for 12-hour versus 8 hours work referendum?

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lenar_2010


Arresto Menor
Hi Attorney good day to all of you,
May we ask Attorney of legality of letting (by the H.R.)the OJTs in our Company participate in the referendum of 12-hours/ compressed work schedule versus our original 8 hours work? Is there any basis or is it legal that they'd be enjoined by our management to vote when they are just OJTs? and so as our Apprentices?

Almost an equal portion (just a little less)of employees (regular) voted "NO" ,do not prefer/ vote for the 12-hour compressed work during the first Referendum, When it was first introduced to us a couple of years ago... Thus "YES" won.

However,We learned (by comparing to the other companies who first implemented and are still with this schedule) that our Company didnt gave us the rightful benifits for the compressed work schedule. Thus, on the second year referendum, the "NO" vote won resulting to a series of dialogues and negotiations undertook by the Management, persuaded us to vote for "YES" and in turn entitling us increase in our wages equivalent to the extended hours of work with a regular pay rate.... so they set to repeat the election/ referendum immediately the next month.. However, since still Most of us knew that there are still big discrepancies on the benifits given to the employees by other companies working with this work scheme, they opted to let the OJTs join the voting... and counting those who did not vote(abstained) to be "YES" votes!!!..

Come next month is our "THIRD" Referendum and we are still fighting for the Rightful benifits that should be given to US, thus we would like to bargain (We do not have any Employee Union here) that they should give us the Full benifits of this Work Scheme already, and the only way we can bargain is to make the "NO" vote win.... However, this year there were so many OJTs hired, so many Apprentice retained and extended, part of their Strategy perhaps to Assure they'd Win...

Can you please help US Attorney and enlighten us what does our LAW say regarding this matter po?

What should we do Attorney. Or what Legal rights or remedy do we have?

Please advice Attorney..

Thank you and more power. God Bless.





Last edited by lenar_2010 on Thu Sep 20, 2012 4:02 am; edited 1 time in total (Reason for editing : typho error , one word)

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attyLLL


moderator
the law is not clear on this. i recommend you make a report to DOLE so they can make a report.

imo, if he OJTs are bonafide employees then it is not unlawful to allow them to vote.


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lenar_2010


Arresto Menor
Thank you Attorney for the reply.. We are grateful and will do your advise (DOLE).. btw Attorney, you were asking if our OJT's are bona fide, they are accepted only for the time required by their school as trainees Attorney... if they are no longer going back to school after the completion of their training hour requirement, then they can apply for Apprenticeship again in our company if we have vacancy...

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attyLLL


moderator
in that case, the reverse is true. if they are not treated and considered as employees, then they should not vote. argue that if they have no SSS, pagibig, philhealth, then they should not vote


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lenar_2010


Arresto Menor
Yes Attorney thank you very much. We are certain that our OJTs have no SSS, PAG IBIG etc.They aren't even taxed.

btw Attorney, one of our co-employee is wondering, can we re-call the referendum result last year? Where, we learned and confirmed that OJTs were allowed to vote in order to ensure that their (Management) "YES" campaign for 12H sched will win?

Allegedly, as the counting started in the morning, the "NO" vote was leading,but then they stopped the counting and let the OJTs vote before they resumed tallying. In short, they won the numbers.

We just learned and confirmed later that the OJTs really voted. We were able to talk with them and told us that they voted at that time.


What do we need to do Attorney about this matter? Can we ask for investigation or file a complain (of what kind of complain/ charge might that be). How can we be able to secure copy of those who voted and secure as evidence Attorney?

Does our company or the management perhaps have liability to us and the Law about this irregularity done by them?

Thank you Attorney and Mabuhay po kayo.















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attyLLL


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go to dole and file a formal complaint


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lenar_2010


Arresto Menor
Good day Attorney,
We just have had an argument with our company's HR head in front of a DOLE representative who tried to settle our complaint. However, our HR still insisted that OJT's should be allowed to vote since they are part of the answer of DOLE from their query where they (DOLE) answered that all affected employees (shifting) should vote on the referendum... They said it's clearly stated from the reply on their query before we have filed the complaint... And that, it is true that all OJT's and other trainees are on a shifting schedule as we do (regular employees on shifting)

We contested that the reply was just based on the query our HR has submitted, and that was before we submitted our complain. And that the DOLE arbiter agreed.. And She (DOLE) also agreed that our complain had a point.. She then asked our HR that can't they just remove from the List the OJT's since they are claiming and declared that they are just around 200 and regular employees are more than 2 thousand? Our HR disagreed and stand firm on the first reply sent to them by DOLE...

Then the arbiter suggested 2 options, first is move the referendum scheduled this coming Monday, Oct 15, to settle first the Problem & second, referendum will push through but Ballot box for the OJT's will be segregated and it wont be opened and counted if the edge of "NO" over yes is overwhelming or would reach a couple of hundreds... It will be opened only if either's lead is close. ... Our HR disagreed!!!!

Finally, the arbiter phoned the Chief Officer of DOLE here in Cavite (currently out of the office). She then told us, as per there conversation, that early morning Monday, before the referendum starts at seven am, the Chief himself will just then drop off in our company his final decision regarding our Plea...

How was the proceedings Attorney? is it Legal or done in accordance to what the correct procedure be done? Or what are your views on the foregoing Attorney?

Thank you and Best Regards...



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attyLLL


moderator
sounds good. that's the procedure for certification election when there are contested ballots.


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lenar_2010


Arresto Menor
Hi Attorney. Unexpectedly, the DOLE Chief did not came over to give his Decision as agreed last Friday. However our referendum was held without us knowing why and what was the ruling. Yhus my partner phoned DOLE Cavite and was able to talk to the deputy, the one who arbited us last friday. She told that apparently, the Chief orderded our HR thru phone that they can pursue with the referendum but no counting of ballots should be done yet. We then asked her if that is sure or if she is certain but she told she is not certain. That was just her knowledge but do not want to affirm. We have not yet reached the Chief as of now and as of this posting, the last batch of Voters have already casted their votes last night. We are not certain if what is our HR's next move will be. And we are asking why didn't the DOLE gave us any copy of whatever decision they have made and communicated to our HR? Why did they bypassed us and did not even informed us of whatever decision they handed to our HR? What can we do with these Attorney? Please help us...
Thanks and Best Regards Attorney...


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lenar_2010


Arresto Menor
We cant trust DOLE here in Cavite anymore Attorney. Do we have any other option Attorney?
Thanks and best regards

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