Need your legal advice please.
I have been in this company for almost 2 years na.
I applied to work as Company Nurse, I am a LICENSED RN. (QUESTION 1: DO THEY PAY FOR LICENSE ALLOWANCE FOR MY POSITION OR IT IS ONLY APPLICABLE TO LICENSED ENGINEERS??)
On the said date I started to work as COMPANY NURSE / HR ASSISTANT. I really have no background on HR matters so the HR Supervisor told me I will train for two weeks with an apprentice rate of P236.25 (Is that professionally and legally accepted on my part??) I had no further questions because it was my first job in the industrial set-up. I worked as a trainee in the largest mental heath facility before I got the job. I did not signed any contracts and I was really not formally trained. I learned through first hand experiences. So I really had no idea on how much work load is too much. But working as a NURSE and at the same time an HR STAFF, aside from the MEDICAL SITUATIONS I handle every day, I also do the hiring, recruitment, orientation, time keeping, payroll, benefits etc., that I have learned should be assigned per sub-departments of the HRD of the company. We are only 2 on our department, me as the COMPANY NURSE AND HR ASSISTANT & and my HR Supervisor. So all the workloads are on us.
After the said training, they paid me MINIMUM WAGE, P315. 5 months later my supervisor told me that I am doing my job really well, based on the performance evaluation she has made. She told me that they did not have a slot yet for regularization so I have to wait and for the mean time I will be under CONTRACTUAL FOR 1 YEAR. Until the months passed by and I encountered a problem in my work when I was already 1 year and 4/5 months in the company and they used it so that my so called PROBATIONARY will be terminated, though my HR Supervisor insisted on keeping me due to my performance and skills. I have learned that MY POSITION AS COMPANY NURSE, AS A PROFESSIONAL, IS IMPORTANT IN THE COMPANY THOUGH MY SUPERVISOR INSISTED THAT THE MANAGEMENT SEES MY PROFESSION EASY TO BE REPLACED, WHICH FELT AS AN INSULT TO ME AND MY PROFESSION. NO SALARY INCREASE, SIL ETC. NOW I AM PREGNANT AND STILL WORKS HERE BUT I TRIED CLARIFYING THAT I SHOULD BE A REGULAR EMPLOYEE AS EARLY AS DECEMBER LAST YEAR (11 MONTHS FROM WORKING IN THE COMPANY). MY SUPERVISOR TOLD ME THAT THE 1 YEAR CONTRACT EMPLOYMENT WA BASED ON DO 18, IS THAT TRUE? BECAUSE UPON READING IT, IT DID NOT STATE ANY CONTRACTUALIZATION FOR 1 YEAR???
IS THERE SUCH A THING AS 1 YEAR CONTRACTUALIZATION? IS IT BASED ON DO 18? AND IS IT APPLICABLE TO PROFESSIONALS LIKE ME?
WHAT ARE MY STANDS? WHAT RIGHTS DID THEY VIOLATE? WHAT CAN I APPEAL?
ARE THEY LIABLE?
IN ADDITION, MY SUPERVISOR TOLD ME AND WARNED ME THAT THE OWNER HAS GREAT CONNECTIONS TO DOLE AND ALL THEY WILL DO IS PAY FOR IT. SO IT IS USELESS TO RAISE ANYTHING TO DOLE. IS THAT FAIR?