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Contract, Overtime pay, Holiday Pay, Cash Bond and Government-mandated Benefits

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dnc


Arresto Menor
Hi, good day to all. I would like to ask for some advice.

I'm currently employed at an event production company. I've been working here for about 5 months now.

Anyway, when I started here, they don't have an HR department and the one 'oriented' me and filed my papers are from the Accounting Department. The 'orientation' is basically just getting my requirements. Then the person gave me my 'contract' after my requirements were checked. The 'contract' looks like a fill-in-the-blank test paper like literally. Anyway I filled it up and read and signed the paper. So my first day passed.

After few days, some of my also new co-workers asked me if I know about the one-month cash bond and that we don't have an overtime pay. Basically, new employees will not be given their first-month salary, though a choice will be given if the new employee wants it full month or to be divided into half. Like if I started 1st of the month, for the full month, I won't have my salary, I'll have it on the 15th of the next month. But for half, I'll have one the 15th of the month and the next 15th. I was shocked when I heard it from them. There's nothing about it at the contract and it wasn't discussed to me at all, even verbally. And I didn't really had a choice but take the full month because they didn't inform me about it. Anyway, I opened the topic at the Accounting Department why I wasn't informed about the cash bond but they keep on insisting I was, that they told me. 😤

After few months, something happened that I started checking my contributions for SSS, PAG-IBIG and PHILHEALTH. Then payday after Holy Week, some of us were deducted of a 3-day worth of salary. When we asked why they deducted the Holiday and they told us because we're new and we're not yet regular employees. As I wasn't satisfied with their explanation, I asked our boss about it and told me that we should have holiday pay. The Accounting Department rebate it the next payday but then I also started to check the deductions they're making.

I first check my SSS and it was already April then and still no contribution listed. I told them about it but they defended that it takes time before it appears on the record. So I took time. I checked again last June and there's already a record for APRIL 2015, still no MARCH 2015 and MAY 2015. Then I noticed that the registered employment started is APRIL 2015, when I started FEB 2015 and kind of explains why I don't have a record on MARCH 2015. Though they deducted my salary last March. The situation is the same with my PAG-IBIG and PHILHEALTH. The recorded contributions started APRIL 2015.

Also back to the 'contract', they didn't give us a copy, I had to ask for it and photocopy it. Also we're the only ones who signed it. No signature from the bosses.

Anyway, sorry for the long story but I just don't want to miss any details.

My concerns with regards to my long story:
1. Isn't a contract supposed to have a signature of both parties as a confirmation of the mutual agreement?
2. Is the cash bond given to us legally acceptable? They said it will be given back to us after we resign. Also we don't have a separation pay.
3. With regards to overtime pay, isn't it a mandatory payment for employees, with some exemption? We don't have an overtime pay even though we work more than 8 hours especially on an event day.
4. For my SSS, PAG-IBIG and PHILHEALTH, they deducted them from my MARCH 2015 salary but on the record they didn't remit it. And the registered Employment date is 2 months late for my SSS.

Thank you and I hope you can help me, since it's only my second job. I don't have much knowledge on an Employee's right. Thank you!

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dnc


Arresto Menor
Anyway, there's also a new employee here in our office but we heard this new employee doesn't have a cash bond and is already going to have a medical card after 6 months while us can only have after a year.

It might sound envious but it's unfair just because it's our bosses friend. 😥

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