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Unpaid Wages For Months

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1 Unpaid Wages For Months on Sat Nov 10, 2012 5:26 pm

Bookworm


Arresto Menor
I have a friend who is 17 and is currently working in a
furniture shop as a sales lady. The wage is P100 per day among all the sales people and P150 per day for the drivers. I think it is so low. But what more dismaying is that they can only get a "cash advance" which is P500 a week (that is only P2000 a month). Other than that, they are not anymore allowed to get any cash after that. Some of them are allowed, but in a very very small possibility like "they should have a valid reason for the use of money", etc.

They have free rice, and for those who are "stay in", sa furniture shop sila mismo natutulog. (DATI sa boarding house; ang kompanya ang nagbabayad ng rent.)

This furniture shop has at least 5-6 branches here in region 9. And none of the employees has the guts to report to DOLE or NLRC. Their reason is, "Ok nalang kahit konti kaysa wala".

On my part, tini-take advantage ng may-ari ang kahirapan ng mga empleyado niya. Porke walang nagrereport, masaya lang siyang nagpapatuloy sa ganung klaseng pagsusuweldo.

Bilang 3rd party po dito, ano po ang maitutulong ko sa kanila? May karapatan ba akong makialam? At pwede bang maireklamo ang amo nila kahit ung mga empleyado mismo ay hindi nagrereklamo?

Thank you so much!

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2 Re: Unpaid Wages For Months on Sat Nov 10, 2012 5:37 pm

Bookworm


Arresto Menor
Attorney help po. Ano po ma advise nyo sa akin? Sad

Anyone, insights nyo please...

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3 Re: Unpaid Wages For Months on Sun Nov 11, 2012 2:16 pm

attyLLL


moderator
in a free market, they are right, but we do have minimum wage laws.

if you make a report to dole, there is a possibility their jobs will be at risk. but it is a right that i would leave to them to decide whether the will exercise


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4 Re: Unpaid Wages For Months on Mon Nov 12, 2012 12:03 am

Bookworm


Arresto Menor
AttyLLL,

Thank you very much for your reply.

My friend (Christine) had finally decided to "stand up for her right" and sought the help of her sister to file a report to DOLE. This has come to the attention of their "madam", the owner/manager of the company (yesterday).

She was very much in rage with my friend and asked her to resign immediately (through phone). She was asked to submit a resignation letter yesterday, and was told that she will be given her complete remaining wage. She also threatened Christine that she will tell to all of the company's employees that if ever a case will be filed against her and the all the branches will be forced to close, "siya ang may kasalanan at dapat sisihin".

May karapatan po ba siyang magkalat nang ganun attorney? Dapat bang tanggapin ni Christine ang consequence (pagkapahiya) ng pagrereport nya sa kinauukulan?

At regarding po sa suweldo niya, na-compute niya na nasa 5K plus pa ang natitira, pero ang sinasabi ng computation ng amo niya, 3K plus nalang daw. At bukas daw po ito ibibigay. Ang amo niya po ay hindi pa pumupunta sa branch kung saan assigned ang friend ko, kinakausap nya lang ito through phone.

Saan po pwede makahingi ng formal na request ng computation ng sweldo attorney? (in case po i-insist nila na 3k lang talaga, at para magkaroon po ng reconciliation) wala po silang accounting dept., tanging ang secretary lang ng amo niya ang nagcocompute kasama ang amo niya.

At isa pa pong concern, ang pinasang resignation letter ni Christine ay pinaulit pa. Sila mismo ang gumawa at papipirmahan lang daw sa kaniya. Inadvise ko siya na huwag niyang pirmahan, at 'yong ginawa nya mismo ang ipasa niya. May nabanggit pa un na kailangang gumawa rin daw ng vocal na resignation message.

Ang dami po nilang pasikot-sikot attorney. Pinapatagal nila ang proseso na dapat ay mabilis lang. Naaawa po ako sa kaibigan ko.

Ano po ang next step ko dito atty? Please help po.
Maraming salamat.

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5 Re: Unpaid Wages For Months on Wed Nov 14, 2012 11:44 pm

attyLLL


moderator
at this point her remedy is to file a complaint of illegal dismissal at the nlrc.


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