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1 RIGHT TO COMPLAIN on Mon Sep 24, 2012 2:14 am


Arresto Menor
Hi Atty, I would like to seek for your advise regarding my current situation.

I am currently working on a BPO industry here in the Philippines. I work without designation, in short, i'm on a bench mode, currently waiting for a new project to arise.

Last month, I signed a contract and a bond for 1 year. I received a signing bonus from the company. On our orientation week, sad to say, I was kicked out on that project because according to them, I was not able to meet the client's standard. Then, I waited for a new project to arise. After a week, a recruiter called, introduced a new project, and then asked if i'm interested in the said project. I told the recruiter that i'm not interested in the said project because it does not fit my skills. Also, the job that they were offering was very different from the job that I signed. Day after that conversation, another recruiter texted me and said that i'll report on monday for a training. I immediately asked him these questions, "Kindly describe the nature or overview of that work. Is that related to my skills?". He answered me, "I do not know what that project is all about. That's the only information that I have". I was shocked! He was informing something yet he doesn't know what were the details.

Now, my problem is, what should I do? Do I have to report on the said date? Does the signed contract also applies for the new project? What if the said project does not suit my skills and abilities? Do I have the right to complain?

By the way, just a segway to our topic, my last job with my last employer was really different from the job description that they gave during the recruitment period. Meaning, I was deceived. That's why I am so eager to find an answer to my questions. I don't want this to happen again.

Thank you in advance, Attorney. God bless.

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2 Re: RIGHT TO COMPLAIN on Tue Sep 25, 2012 6:35 am


Arresto Menor
i think, as far as our labor code is concerned, during your first 6 months (or whatever your contract says about the length of your probationary status) you are more or less still at the mercy of your employer. wala ka pang security of tenure, you are on a take it or leave it status. in your case, they said that you are really not fit for the account that they are offering you, which is their prerogative to decide on in the first place. at that point, they can already let go of you. but they did not, and instead they tried offering you another job. that, at least, should be taken as an act of good will and in return, at least, make the effort to return a polite response. No you do not have a right to complain, because you have a right to decline. You may have been "deceived" (which is by the way hard to prove in court). However, ibang usapan pag sila ang naghabol sayo. Lets say dinemanda ka nila for breach of contract after mong i decline yung second offer.

my suggestion is, you report for work and at least hear them out, and if its not really the kind of job that you see yourself doing, respectfully decline and explain to them that it is not aligned with your personal goals. im sure if they really want you to be part of their company, they will offer you another job kung meron man. kung wala, unfortunately, you cannot force them to come up with something. simply put, at this point, you would want to deal with this as professionally as you can. that way, if you decide to decline, you leave them with the impression na professional ka and in the future, if you want to come back to them, they will accept you uli. maliit lang mundo ng BPO kaya dont your bridges Smile

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3 Re: RIGHT TO COMPLAIN on Tue Sep 25, 2012 7:39 pm


yes, you have to report to work

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4 Re: RIGHT TO COMPLAIN on Thu Sep 27, 2012 8:41 am


Arresto Menor
Hi to all.

Thank you the replies.

AttyLLL and joomlaboy, I went there and knew that the job that they transferred to me is really not inclined on my skills and abilities. however, they said that they will transfer me to other department but there is no definite time as when. Also, they said that contract is still there, nothing's changed. So, it means that I am bonded for year. However, I asked them if what happened if i'll not pursue this job, and they suggest that i'll file an appeal but i have to contest it to other channels, meaning to other people on the management. by the way, the only reason why I do not want to pursue this is because of my career path and time is very expensive, i do not want to waste my time, I want to make my parents proud of me and also, I am foreseeing that if ever I would not be transferred to other department and after I have rendered the contract, from time that I will apply a desired position in other companies, I do not have a related experience for it.

What is the best way that I can do and have to do? I am so disappointed. Sad I even want to kill myself. Sad

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