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Breach of Contract and Verbal Abuse

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1 Breach of Contract and Verbal Abuse on Thu Oct 02, 2014 3:22 am


Arresto Menor

Your expertise in the field of Labor Laws might be of great help with the following cases which are for your much needed and helpful advises:

8 years as a Sales Employee
With Employment Contract (Regular Status)
Senior Supervisory Rank

1. Breach of Employment Contract
Our company do have four different types of sales departments that has its corresponding and specific functions. But due to an increase of new recruits of a Department 1 I was tasked to handle one team  to supervise. My contract specifically states that my function is only within Department 2. As it was a direct instruction and fear of insubordination charges, I accepted the new task and requested for a contract or even just an endorsement to my existing contract. Since it is a sales job I was still entitled for an incentive/commission (for Department 1) provided quota has been met, 3 months have passed yet I was never been furnished with any endorsement or a new contract, but actively performed with two Departments 1 and 2. When I demanded for it, I was immediately relieved from Department 1 for the reason that they could not furnish me of my request.

Would this be considered as Breach of Contract?
What are the possible case/s I may file?
What is/are action/s should I implement?

2. Breach of Contract for Incentives/Commission
Our commissions for 2013 were erroneously tag in our data system and resulted to a return of an amount 200K (amount example only). In our contract which is not binding to our Employment Contract it was stated that percentage of commissions are as follows:
A. Regular - 100% commission rate
B.  Basic - 70% commission rate

Since most "Basic" sales were not named as "Basic" our data system automatically named it as "Regular" which resulted for the return of the 200K which was previously mentioned. Since the 200K was of last year most of us have already liquidated/spent the amount.The only concession that they gave was not to include the taxes which should be.  But on the contract it was stated that if "Basic" sales were not properly tag it shall have a rate of the "Regular" sale. The section of this contract only came to our knowledge after negotiating the terms of the return and signing an Agreement of such return. To date, it is still being collected from us. I am firm though that I signed such Agreement for fear of my employment condition and against my will but left with no recourse.

Shall the merits of the situation be probable for any legal issue/s?
By signing the Agreement, would it directly constitute to conformity and no longer be retracted?
If negotiated by both parties, what is/are possible forms of settlement should I require from the Company?
What is/are action/s should I implement?

3. Verbal Abuse
One of our Senior Executives has been maligning my/ our reputation and dignity with his unsolicited comments such as
-"Mukhang Pera";
-Comparing me to his Househelp;
-Humiliating me/us in Public (Power Tripping; Yelling);
-Worst is branding/tagging us as one of his pet dogs.

Further, other complainants for this Case No. 3 are willing to sign an Affidavit to attest the veracity of this case.

What are possible labor laws/codes that may apply?
What course of action should I/we implement?

Your responses would be of great help not only for my benefit but for the benefit of the remaining employees under his authority. Employees whose potentials and capabilities that could be damaged and may lead to a destroyed career.

Thank you in advance.

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