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Is home based job policies included in the LABOR LAW of the Philippines?

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Michelle Obligacion

Arresto Menor
Gusto ko lang po sanang malaman kung may karapatan kaming magreklamo kahit na nagta trabaho lang kami sa bahay. Chinese Online English Teacher po kami ng husband ko. Marami po kasing rules ang pinagta trabahuhan naming company na sa tingin namin ay hindi makatao. Ang company po ay nasa Quezon City pero ang mga empleyado po ay nasa sarili nilang mga bahay. Paano po ba namin ipaglalaban ang karapatan namin kung saka-sakali?

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Michelle Obligacion

Arresto Menor
Hello po follow up lang po ako ng question ko above this? Thanks po

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Arresto Menor
be more specific with your question...tell us the company policies.we cant answer your thread without it..


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Michelle Obligacion

Arresto Menor
Eto po ang Rules and Regulations, pero minsan po biglang may binibigay na rules for example Oct.10 na rules tapos i implement po ng Oct. 16...


The instructor shall conduct the demo class at the place where the instructor will conduct her daily lesson.
After conducting the lesson in the designated place and it has been detdermined that there is no problem with
the teaching method, manner or skill, then the instructor shall be permitte to teach from his own house if the
guidelines in the succeeding points are followed.
After receiving permission and before conducting the lesson from home, the instructor shall agree to comply
with an internet connection and vicinity check. After it has been verified that there is no problem, then the
instructor may begin to conduct lessons from home.
If the instructor conducts classes from home, all the necessary equipment (i.e. computer, headphone, and web
camera) and tools (i.e. internet connection Skype, QQ International, Acrobat Reader, PowerGramo, etc.) shall
his responsibility to acquire.


The instructor must plot his two week schedule on his Mypage. If the instructor can’t give a two week
schedule, he must inform the Admin and give a valid reason. It is strongly prohibited to plot his schedule on a
daily basis. Thus, the instructor must attend all the lessons he has based on the schedule that has been plotted
on his Mypage.
In case a schedule cannot be provided, the instructor shall inform the company of the reason (e.g. vacation

The instructor must inform the Admin Staff if he wishes to cancel his schedule. He can only cancel a time slot
if no student has reserved it. The instructor is not allowed to ask the student directly to reschedule the class if
he can’t attend the lesson.
If the instructor cannot attend a class for some reason, he should request for a substitute. Please refer to the
guidelines under Substitution.
In some cases, the system sends automated notification when a student cancels. It sha ll be the instructor’s
responsibility to check his emails account and his Mypage to double check the schedule.

If for some reasons, the instructor cannot attend and a substitute is needed, the instructor should inform the
management at least a day before the start of the class.
The substitute instructor shall earn an additional P30 per 25-min. class he subs. However, the instructor who
asks for a substitution, no matter how early he informs us, will have a P70 deduction for every lesson he can’t
attend regardless if the student cancels or asks for a sub.

It is best if the instructor is already on stand-by at least thirty minutes before class to have an internet
connectivity check with the company, to verify if the student’s given Skype ID is correct, to check the
student’s lesson memo, to walk the student through using Skype if he is a beginner, etc.
Ideally, the instructor should never be late. This is as respect to the student’s time and a sign of discipline.
In case the instructor is going to be late, he should inform the company at least one hour before the class
starts, so either the student or the substitute instructor can be informed.
If the management receives a complaint to the teacher for calling the student late, the instructor will be asked
to render an explanation letter.
The instructor shall incur a certain penalty per tardiness and the guidelines under the Substitution section shall
First offense: P80
Second offense : P100
Third offense: P200
Fourth offense: P500
The lesson shall not be extended beyond the scheduled end time due to the student’s tardiness.

Every cut-off, the management will release the data and ranking of each teacher in relation with the number of
(a) absences, (b) sub percentage, (c) average evaluation and (d) complaints. For every category (absences, sub
percentage, average evaluation and complaints), the instructors who are included in the top/bottom 10, will
get a 100 point deduction.
Instructors who are part of the top/bottom 3 for 3 consecutive months will be subject to termination after the
deliberation by the company.
As much as possible, instructors should honor the schedule they have given at all times. However, not all
circumstances can be foreseen like sickness, accidents and the like. In case of which, the instructor should
prepare a medical certificate or any document as proof of such.
A monetary penalty of P500 and one-week suspension will be imposed on the absentee if no document/proof
is provided.

More than 3 instances of late from the date the instructor was launched, will be subject to suspension or
termination after deliberation by the company.
Having more than 3 absences with or without notification in one month is subject to suspension or
termination after deliberation by the company.
More than 3 instances of no sound recording will be subject to suspension or termination after deliberation
by the company.

Failure to go on online 30 minutes before the class is subject to suspension and if such negligence happens
repetitively, the instructor is subject to termination after deliberation by the company.
Giving any personal information (i.e. facebook account, contact number, address, etc.) is subject to

All instructors will be provided with the Company Skype Account and it is prohibited to change the account
and the password. Changing the password without telling the management is subject to termination.
If an instructor receives 3 complaints (e.g. bad evaluation, teaching skills and attitude, internet connection
problem, technicalities etc.) from the date he was launched, he will have a consultation/coaching/ or
retraining with the Admin and will receive a memorandum. If the instructor receives 1 complaint after the
consultation/coaching/retraining, the instructor will receive his 2nd memorandum. Thus, if the instructor
receives another complaint after the 2nd memorandum, the instructor will receive his 3rd memorandum and
will be subject to suspension or termination after deliberation by the company.

Every class should be recorded using any software tool (e.g. PowerGramo) and the sound file (preferably in
mp3 format) should be submitted to the company.
If the class medium is in QQ International, the instructor must copy paste the call duration and cha t history on
the notepad and send it to the company.
The fee for the said class will not be given to the instructor if he fails to submit the sound file and the notepad.

The lesson shall either follow a specified text or be a free-talk.
The instructor shall study the lesson on the textbook.
The lesson shall be prepared according to the student’s English skills.
The instructor shall use chat when the student does not understand/catch what he has said or to aid in giving
an explanation to the student.

The instructor may give an assignment to the student.
After the lesson, the instructor shall create/update the lesson memo or post a comment on the appropriate
website, and submit a sound record of the lesson. These shall be done within one hour after the class ends.
The lesson memo or comment shall include the lesson/free-talk topics, assignment details, issues encountered,
student requests or inquiries.

All lesson memos should include at least 5 correct sentences, 5 correct pronunciation and 2 new words. The
Admin Staff checks all the lesson memo of each instructor. If the instructor fails to follow the standard lesson
memo, he will have a warning from the Admin Staff and he will be asked to change the lesson memo right
after the warning. Failure to change the lesson memo will be subject to suspension or termination upon deliberation by the company.
Lesson memos must be posted after the shift and/or before 9:00AM the next day. There will be a P30 peso
penalty for every late lesson memo and the instructor won’t get any fee for the lesson unless he posted the
lesson memo.

If the student has a question and the instructor cannot provide a correct or definite answer or advice, then he
should avoid giving a vague answer. He shall clearly state this lack of knowledge to the student and assure
him that a research will be done. This will earn the student’s trust.
The student understands that no one is all-knowing. Hence, the instructor should not mislead or misinform the

The instructor shall be responsible for supplementary materials (e.g. English dictionary) that might be needed
for the lesson to answer the student’s question correctly and on time.
The purpose of the English lesson is for the student to practice their oral communication skill, so the
instructor should give the student the opportunity to speak as much as possible.
The instructor should match the student’s speed of speaking, especially if the student is a beginner. It is
important that the instructor patiently waits for the student to finish speaking, even if the student takes time.
Of course the instructor may help the student to express his idea. The instructor shall use his web cam to broadcast video to the student.


Always smile.
Never drink or chew any food during the class.
Do not yawn or indulge in idle talk.
Usage of the mobile phone and chatting with others aside from the student during the class are prohibited.
However, the instructor must reply to the messages of the Admin because all messages coming from Admin
are urgent. Failure to do so will be subject to suspension.
If the instructor has to type, he should inform the student of the purpose beforehand. Never type while the
student is talking or reading a text.
If it is the instructor’s first time meeting the student, he should introduce himself.
Greet the student properly at the beginning and end of class.
Concentrate on the lesson at all times.
Information such as social background, religion, marital status, age and health information (deaths, illness,
etc.) should never be asked to the student.

The instructor is prohibited to ask the student’s personal information, as well as give out his own personal
information. If the student insists on knowing the instructor’s personal information, then he should report this
to the company.
The instructor is prohibited to conduct private lesson.
If items I and ii above are violated, the instructor shall pay a penalty of P10,000 to the company and he shall
not be allowed to conduct lessons thereafter.
Any information gathered from the student or the company should never be disclosed to anyone at any time.
If the instructor discloses information that leads loss or damages to the company, the instructor shall pay out
the amount to the company.
If a student complains, the instructor will have point deduction based on teacher’s ranking.
If the instructor receives multiple complaints and does not show improvement, the company has the
discretion to terminate him.
If the instructor causes the student to enroll, he shall receive a P100 incentive for every enrollment.
It is the company’s discretion to give a special bonus for good performance. Criteria for good performance
will be based but not limited on teaching skills, professional attitude, and feedbacks and requests from

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Michelle Obligacion

Arresto Menor
Tulad po nito nung Oct.10 may ginawa po silang policy na iimplement ng Oct.16

NEW POLICIES STARTING OCTOBER 16, 2012 2012-10-12 18:19:57

NEW POLICIES STARTING OCTOBER 16, 2012(2012-10-12 18:19:57)
Good day, teachers!

We would like to call your attention once again and give you lots of reminders for us to be able to work harmoniously.

There will be 3 new changes about the policies and system we have in (Company Name) which will be implemented on October 16, 2012. Please take note of the following:


As announced on September 05, 2012, we reduced the Teacher Absent Penalty from P70.00 to P60.00 because the percentage of the teachers' absences has dropped by 50% during previous several months.

However, for the period of September up to the present, the percentage has increased to 60% and it keeps on increasing each day. In this regard, the management was left with no choice but to raise the penalty back to P70.00 for every class the teacher will miss. Through this, the management is expecting that the percentage of the teachers' absences will drop by 50% again.

Please always be reminded that the less absences we have, the higher creditability our school will get, and more students we get, which means you will be booked more lessons.

I hope we can work hand in hand towards a more stable and a bigger future for our careers and our company. We are calling for your cooperation on this.


Starting October 16, the new point system will be applied to ALL teachers but rest assured that there will be FAIRNESS for everybody. Listed below is the new point system:

0 - 200 points = 1 Star Teacher = P50 per class

201 - 600 points = 2 Star Teacher = P54 per class

601 - 2000 points = 3 Star Teacher = P58 per class

2001 - 4000 points = 4 Star Teacher = P62 per class

4001 points and up = 5 Star Teacher = P66 per class

We will give EXTRA POINTS BONUS for current 3, 4 and 5 star teachers who are supposed to have the old point system in order for them to keep their current rank and rate for each class.

Don't worry about that. Please see the example below:

Old 3 star teachers = 601 points + 300 extra points = 901 Points

Old 4 star teachers = 2001 points + 400 extra points = 2401 Points

Old 5 star teachers = 4001 points + 500 extra points = 4501 Points


Please refer to the following:

For 1 - 3 star teachers, the following will be the corresponding points for the student's evaluation score.

Hope you can grow and keeping on improving yourselves to have better scores and gain more students.

5 score = + 2

4 score = +1 point

3 score = no additional point

2 score = -1

1 score = -2

For 4 - 5 star teachers, the following will be the corresponding points for the student's evaluation score.

Hope you will keep on teaching in a high quality as usual and maintain stable creditability from the students.

5 score = + 1

4 score = no additional point

3 score = -1

2 score = -2

1 score = -3


The higher your ranking is, the less complaint you must get. Therefore, we expect our teachers to become better and better as they stay longer in (compant name).

For every complaint each teacher gets, the lower credibility the teacher will have. Every bad evaluation, negative remark and complaint the teacher receives from the students will be seen by all other students on the website. Therefore, there is a lower chance for the teacher to get more students. So, the number of complaints must be reduced to zero.

To reduce the number of complaints, the management will strictly implement the following point deduction:


1 star = - 10 points for every complaint

2 star = - 20 points for every complaint

3 star = - 40 points for every complaint

4 star = - 80 points for every complaint

5 star = - 100 points for every complaint

The management wants to show its deepest gratitude to all the teachers who have been doing their best to teach our students.

If we work hand in hand, we are positive that we can make a big difference in every one’s life. Let’s aim higher and strive for the betterment of the company.

With sincerest thanks,

The Management

- At eto po ang nangyari sa amin nun bagyo (Oct.25, 2012)na deductan po ako dahil po wala kaming kuryente dahil ng bagyo.

2012-10-18 11:30-12:00 IRENE teacher absent -70
2012-10-25 11:30-12:00 Lillian teacher absent -70
2012-10-25 18:00-18:30 Carina teacher absent -70
2012-10-25 11:00-11:30 IRENE teacher absent -70
2012-10-25 20:30-21:00 Edgar teacher absent -70
2012-10-25 19:00-19:30 Flora teacher absent -70
2012-10-25 19:30-20:00 carolineteacher absent -70
2012-10-25 20:00-20:30 Samsun teacher absent -70
2012-10-25 21:00-21:30 Joe teacher absent -70
2012-10-25 12:30-13:00 lucy teacher absent -70
2012-10-25 21:30-22:00 robin teacher absent -70
2012-10-25 10:00-10:30 Emily teacher absent -70
2012-10-25 22:30-23:00 Tony teacher absent -70
2012-10-25 18:30-19:00 nick teacher absent -70
2012-10-25 22:00-22:30 nick teacher absent -70

Total -1050

Tama po bang maisa batas agad sa isang kumpanya ang isang policy ng dahil lang sa ito ang gusto lang ng management? At may mga nangyari pa po sa akin na malayo sa Rules na binigay nila. Pero gusto ko po sana munang malaman kung tama itong mga ginagawa nila? Salamat po...

Last edited by Michelle Obligacion on Thu Nov 01, 2012 12:54 pm; edited 1 time in total (Reason for editing : edit name)

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ok, someone asked for it and got it. now, the question is which part do you deem objectionable?

how are you paid? salary or per lesson?

imo, deductions as penalty for attendance issues is not proper.

but to answer your original question, labor law can still apply assuming you are not actually independent contractors.

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Michelle Obligacion

Arresto Menor
Atty. yun pong penalty sa tingin ko ang mali tapos po may mga ganito pong pag tanggal ng puntos na ikaka apekto ng aming sweldo. Kung mapapansin nyo po wala ito sa Rules na nilagay nila. Sa tingin ko po napakalaki ng puntos na inaalis nila bawat isa sa amin na magiging dahilan ng mabilis na pagbaba ng sweldo namin. Ito pong kinaltas na puntos sa akin ay hindi gawa ng mga estudyante ko, eto po ay galing mismo sa management. Tama po ba ito?

10/28/2012 21:30 robin 2 1 -60 -57
10/28/2012 21:00 grace 2 0 -60 -58
10/28/2012 20:30 Darcy 2 1 -60 -57
10/28/2012 19:30 caroline2 0 -60 -58
10/28/2012 18:00 Benson 2 1 -60 -57
10/28/2012 11:00 Lillian 2 1 -60 -57

- We are getting our salary po every lesson and they will total the pay ang take off TAX (EWT) and then every 15th and 30th ang cutt off tapos every 5th and 20th ang payday.

- Tapos po yun po bang paggawa ng Rules ay dapat agad-agad? At kung kailangan po ba na dapat ay alam din ng mga employee o dapat po ba pumayag muna ang mga employees bago gawin ang rules and regulations?

- Eto pa po ayaw po nila kaming bigyan mg COE or any documents as a proof na kami po ay nagtatrabaho ng ganito. Tama po ba ito?

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Michelle Obligacion

Arresto Menor
Eto po bago lang po itong announcement fresh pa:

To All Teachers:

Please bear in mind that all the lesson memoranda that we make for our students are very essential. We need to follow the Standard Lesson Memo. Unnecessary details in the lesson memo are strictly prohibited.

In this regard, starting Nov. 3, any teachers who made a lesson memo with any kinds of unnecessary punctuation marks or characters will automatically be suspended directly without prior notice.

For your strict compliance and guidance.

- Tama po ba ang ganitong mga pamamalakad ng isang company?

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a company is given wide latitude in how to manage its employees. however, if some of these policies are too harsh, the remedy for the employees is to file a complaint at the nearest dole office

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Michelle Obligacion

Arresto Menor
Isa pa po tama po bang di mag issue ang company ng COE? Wala daw po kasing Employee/Employer relationship between us, kaya wala daw pong COE...

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imo, there is no legal obligation to issue a COE. if you want to be declared their employee, you can file a complaint at dole or nlrc

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