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


Go down  Message [Page 1 of 1]

1 BASIC PAY ISSUE on Wed Oct 09, 2013 3:35 am


Arresto Menor

I 'm wondering if I can file any labor case against my company.

I've been in the company for more than a year and ang daming instances na pinalagpas ko lahat ng pagkakamali nila. But now I am thinking of resigning.

What triggers me to resign and file a case against our company today:

-just recently, nalaman namin na basis ng computation for 13th month for this year is PHP30,750. For a long time ang alam namin na basic pay namin is PHP 35,000.

- we requested for a COE with salary info and nakalagay nga dun na PHP30,750 lang ang basic namin. Until now more than 1 year na ako wala pa ako copy ng contract namin so I ask to look a co-workers contract na ka batch ko kasi all of us were offered the same naman. In the contract it does not say anything about basic pay but a PHP35, 000 pay rate inclusive of allowances. Ganun ka labo.

- d2 palang may breach of trust na kasi right from the start we know our offer of 35K is a basic pay one of the reason why I chose to sign the contract. And lahat kami sa batch and even other batches were informed the same.

-Aside from that our PAYSLIP says BASIC SALARY: 35K
-They also computed 2012's 13th month pay base on 35K
-Before they even issued COE with 35K basic but starting this week it shows PHP30,750.

This pisses me off because I am planning to resign and already applying to another company whom I told that my basic is 35K and is bargaining for a better one. Now it seems like I am lying about it which would give them reason to hold my application.

This also lessens my market value because even back 2008 I am already getting more than 30K so if they only told me that it is not the way we all understand it then I should have not signed the contract.

Please help me on this.

View user profile

2 Re: BASIC PAY ISSUE on Wed Oct 09, 2013 10:52 am


Reclusion Perpetua

You can write a written inquiry to your HR dept. Clarify first. Then you can file complaint at DOLE for diminution of benefits including basic pay.

View user profile

3 Re: BASIC PAY ISSUE on Wed Oct 09, 2013 11:09 am


Reclusion Perpetua
bakit daw naging 30,750? malamang yung 35K may allowance yan.. yung 13th month sa basic pay lang.. hindi kasama yung allowance.

View user profile

4 Re: BASIC PAY ISSUE on Wed Oct 09, 2013 5:53 pm


Arresto Menor
Thank you for the prompt response. We talked to them about this but to document it I will send them an email today.

Based on their explanation part of the 35000 is allowance. And that our payslip is wrong,placing the 35000 as BASIC Salary,  they just only need to follow the US format.

But the thing is we are informed by the british national that hired us that the offer is 35K. I was delighted to accept the offer immediately because I thought there would be allowances and night diff on top of the basic pay. but when we are to sign the Job offer. He said 35K already includes allowances and night diff.

many from the batch argued that it should not be that way and that our taxed will really be high . but hold our grievances and just accept and sign the contract. well 35K is really a big shot and will just work hard to get commish on top of it.  

It is like we are just lured with the big basic. right from the start we know that 35K is our basic pay and we are taxed based on that specified on the payslip.

On top of this , Below are other things that the company is doing to us which I believe is really bad though its my fault that I let them do this till now but wanted to know if I can add this to the case:

1. no copy of contract so I cant review rules, job description etc because we dont have a handbook din and nabasa ko sa contract pala namin nakalagay dun na may handbook kami pero wala binigay.

2. from time to time they are changing rules,
example : deductions on tardiness:
1 minute late = 15 min deduction
16 mins late = 30 min deduction
31 mins late = 45 min deduction
46 mins late = 1 hour deduction
61 mins late = 2 hour deduction
121 mins late = half day deduction

3.when I was pregnant, hina higblood ako so I was advised to bed rest. 4th month palang ng pregnancy ko nun, when I submitted docs for my maternity benefits from SSS. Pinapunta ako HR telling me na they are thinking of asking me to resign kasi di daw nila maaadvance yung SSS ko, masyado daw malaki then sabi pa nung babae sa HR sya nga daw ngresign nung buntis sya (sya yun bkt ko nman gagawin un dba!!) they will notify SSS daw but I will be the one to process necessary docs after that. Di ako nakaimik sa sinabi nila.. biglang sumama pakiramdam ko di ako nakapg isip. Pero inisip ko na intayin nalang decision nila and pg tinuloy nila yun I will file a case.Nag follow up ako sa knila but no answer gang nag still birth ako on my 7th month. may sakit na ako then na stress pa ako sa gnawa nila kaya iniisip ko lahat un ngcontribute sa pgkawala ng baby ko. I called them telling them what happened then sabi cge iaadvance nalang daw ung SSS benefits ko.

4. lahat ng SSS sickness ko was not advance to me. natanggap ko nalang pgbalik ko.

5.I got a sale, before pg nakabenta ka this month and papasok payment within the quarter matatanggap mo ung commish after a month. then nung nagresign ung Operations manager namin and may pumalit na amerikano and pinalitan un. kung mgkano lang payment na pumasok this month kaht pa within the quarter ang payments di yun ibibigay ng buo ang commish. Sa email nya lang sinend un and wala kami signature, pwede naba un? and then dapat moving forward un e kaso pati previous sale affected din.

6. I was given a PIP, and they wanted me to come up with a particular quota in a month. Our goal is on a quarterly basis so panong 1 month lng and ibibigay sakin to comply. I never signed anything about PIP and when I asked them what will happen kung diko ma meet ung quota. Wla sila clear na masagot sakin. Some of my colleagues 1 PIP lang tinanggal na. what i know pa about PIP e dapat 3 consecutive yun with coaching and all before ka nila pede tanggalin and all expectations should be clear din.

7. and then eto na nga about the basic pay.

base on all of this, I wanted to resign na but would need your advise kung gano kalakas case ko and ano anu pede ko idagdag and gawin to make it strong.

wala pa ako lilipatan so ang hirap bumitaw agad pero pg di ba ako agad ngresign hihina case ko? sorry very lengthy pero dami ko kasi concerns that bothers me.

View user profile

5 Re: BASIC PAY ISSUE on Wed Oct 09, 2013 7:58 pm


Reclusion Perpetua
I suggest don't resign.
Always write inquiry to your HR, and if reasonable naman you can delete it in your list of concerns.
Then go on to next issues, just to move on and can not create slash in your employment.

1. For handbook concerns, it should well understood to all employees, our practice here, we have signature at the back of our handbook upon receiving.This is to make it appoint that all rules are fully understood.
2. The deductions itself are UNLAWFUL, meaning it can be considered unjust enrichment in part of company. In our practice, only actual minutes are deducted base on our basic pay.
3./4, 50% of the maternity benefits should be advanced by your employer within 1 month from date of maternity.
5./6. I can not fully make comment because the situations seems many irregularities.
7. For the basic pay issues, there might be some errors in terms of what is written in job contract versus actual implementations. Clear up with HR by writing an inquiry.

(NOTE: Don't resign, kainggit ang sahod nyo dyan, kmi nagtitiis sa basic na wala pang 20k pero supervisory na position pa).

View user profile

6 Re: BASIC PAY ISSUE on Wed Oct 09, 2013 8:40 pm


Arresto Menor
Hi Alex,

To be honest with you, we are more than 60 people in our department in a span of less than 2 months were down to 18-20 people on the floor. Ganun ka taas ung attrition rate sa company because of a lot of irregularities.

Most of them resigned and some were terminated with no warning nor legal process.

Di mo alam what will happen to you, di mo alam pg pasok mo tatanggalin k na pla. wala kasi tlga clear basis like nung sa PIP.

Just now I ask my manager what will happen if my 1st PIP ends. di nya raw alam... OMG.

I was offered 45K sa inapplyan ko kasi 30% higher ang offer from your previous basic salary. Now pano na, parang ngsinungaling pa ako pg nakita nila ung COE ko now.. Sad

Thanks for the ideas I really appreciate it.

View user profile

7 Re: BASIC PAY ISSUE on Thu Oct 10, 2013 10:36 am


Reclusion Perpetua
if you can't take it anymore.. then resign and move on..

View user profile

8 Re: BASIC PAY ISSUE on Thu Oct 10, 2013 11:38 am


Reclusion Perpetua
Hi po,

With your latest information, I now suggest go on and resign, better opportunity awaits you. For the irregularities of your current company, sana macomplaint na ng mag existing employees pa. Surely naman mahuhuli sila ng DOLE pag may nagreklamo. May visiting power namn ang DOLE, they can immediate audit your company for all irregularities will have corresponding penalty.

View user profile

Sponsored content

Back to top  Message [Page 1 of 1]

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