Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

NO holiday pay, NO OT pay, NO night differential...

View previous topic View next topic Go down  Message [Page 1 of 1]

shadescesar


Arresto Menor
I am currently employed in a small-medium scale call center. I started out as an agent (level 1-1)and then later on transferred to Recruitment Department and stayed as a Recruitment Associate for 2 years (level 1-2). Later on, I was promoted to a Training Specialist Level (2-0) and I found out that I am no longer entitled to any holiday pay, OT pay and ND. During the promotion, they only gave me a piece of paper that serves as a "promotion notice".

I talked to one of our HR personnel and asked why am I not entitled to received the latter mentioned benefits, she said that my designation is considered an officer level and I have the power to fire and hire.

I feel like my right as an employee is being violated.

first, they did not issue any contract when I was promoted. There was just a notification. and

second, my title is just a (training)specialist and not a manager yet.

Am I really not entitled to receive these benefits???
They were telling me that I have the power to recommend so that means I still have the power to fire and hire. I do not have any subordinate/s, although we have a Training Associate (level 1-2) but she is not directly reporting to me, I only have trainees under my supervision but they pass or fail according to the client or company standards and not mine. please enlighten me. thanks!




View user profile

attyLLL


moderator
supervisors are no longer entitled to these benefits as a right under the law. it seems you now have the power to effectively recommend to management and implement their policies.

you do not have to be a manager to lose these benefits.

i assume you got a decent bump in your pay raise? if you wish to contest, you can request that you be demoted.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

shadescesar


Arresto Menor
The raise was not much. Per cut off, I am getting approximately Php 500 higher than what our agents are getting per payday.

Anyway, thank you for the information, I might consider requesting for a demotion, but need to ask you another advise.

If in the event of joining another company and this firm conducts their background check, is my current (or by then previous) company oblige to give full details of my request? is this even a good idea on my part should I want to explore other opportunities outside the company?

Thank you for looking into this, i appreciate it very much.

View user profile

attyLLL


moderator
only a P1,000 difference? no wonder you're not happy.

unless someone here knows otherwise, i have not encountered a law where it states what a previous employer should do when asked about their ex-employees. they are not obliged to do anything, but note that HR people stick together, they may "unofficially" inform the person inquiring.

nevertheless, i don't think this is such a major issue that it would affect future employment.

you have the right to explore other options. note that when you resign you have to render 30 days notice period. whether you should actually move to another company is totally up to you.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

shadescesar


Arresto Menor
Thank you so much and will recommend your site to my friends who might need your assistance. Thanks and happy weekend!

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum