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Refusal of Employer to give Professional Fee

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1 Refusal of Employer to give Professional Fee on Tue Oct 22, 2013 7:21 pm


Arresto Menor
Greetings. I'm a licensed real estate broker and currently employed as Sales Director for a developer of a condominium project.

I have been with the company for more than two years but sadly until now they have not yet issued an employment contract to me and they are not giving me an over-ride commission or professional fee for all the sales that was made from the time I became their sales director. I am the only licensed real estate practitioner here.

Currently the only compensation I am receiving is my monthly salary which is for being the sales director. I keep on reminding them and asking for payment of my professional fee since they are using it to sell their project but they keep on ignoring me.

From my understanding of the RESA Law, sec. 32 (a) states that no partnership or corporation shall engage in the business of real estate service unless it is duly registered with SEC and the PERSONS AUTHORIZED TO ACT FOR THE PARTNERSHIP OR CORPORATION ARE DULY REGISTERED AND LICENSED REAL ESTATE BROKERS.

That's why I wrote them a letter reminding them that they should pay my professional fee and other benefits.

The sad part of it all is that they are giving commissions to unlicensed agents and over ride commissions even to foreigners who refer buyers.

My question is, what if they still ignore my demands? Do I have the right to demand for my professional fee?

Is there any basis to file labor cases against my employer?

Thank you very much.

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Arresto Menor
Any advice from our brilliant lawyer friends here? Maraming salamat po.

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