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family business' "bad practices"

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1 family business' "bad practices" on Fri Dec 11, 2015 2:23 pm

jrjamez23


Arresto Menor
hi
i would like to seek an advice..legal or "friendly"

im a registered professional and instead of working for any company,im currently working in our family business

since my childhood days i have been "working/helping" at the business

and ive seen the plight or inaasam ng mga mga employees namin
which is

1. higher salary
currently...the lowest is 4000 and the highest is around 6000 pesos/month (the employee is already with us for 10++ years)
-> they dont usually get this amount per month because of the cash advances..there was a point that they cannot pay their debt (based on his/her current salary)
-> it also came to a point na parang...di makaalis because sa utang na loob dahil pinapautang naman..pero un...never umabot sa 5 figures ang salary nang isang empleyado namin

all our employees are stay in....we never accept stay out
they are from the provinces may taga kuha lang kami

2. rest days
from nagstart ang business till 3 years ago...ang day off ng mga staff is ONCE a month only..
i lobbied the once a week (24hrs) dayoff which pumayag naman pero biglang nabawasan...



dahil dito sa mga "naeexperience namin (i have not listed all of it)" others would leave...there was one who threatened to pursue or "i labor" pero dahil sa utang na loob...well..di natuloy

even myself, i havent receive my salary for the past months


the company or the store has been around already for 20++ years
and i guess wala kaming mga employment contract ganun
more on word of mouth lang
imo...kaya naman itaas ang sahod...masyado lang mahigpit...and naka buhos ang money sa stocks/items na ibebenta sa mga tao

how can we (the employees) reach this out to the employers (my parents) and what to do pag umayaw sila sa mga..."hiling" namin na changes

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2 Re: family business' "bad practices" on Fri Dec 11, 2015 2:33 pm

council


Reclusion Perpetua
Ask to be treated fairly, at the very least, do what is required by law -

proper minimum wage,
sss, philhealth, pagibig benefits
proper rest days

And if all else fails, I am sure at least 1 employee will go to DOLE and for sure your company will lose and will be forced to pay damages and possible fines.

Worst is closure of the company.

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3 Re: family business' "bad practices" on Fri Dec 11, 2015 5:43 pm

Lunkan


Reclusion Perpetua
(The business is so old, so I asume it is NOT a BMBE. They have some different rules.

You have to follow the minimum laws, but you write they are live in employees, which are worth some.

You talk about store, so I guess your employees are NOT counted as Domestic helpers. Otherwice you can check the law about live in domestic helpers. They have much lower minimum salaries, but much more benefits so the value can be around the same. But that make it easier to check what levels are legal, because that law talk about less salaries and what's the minimum standard of the benifits. At least you can use it to get a hint what's a fair value of the live in benifits they get more than a common employee.

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4 Re: family business' "bad practices" on Fri Dec 11, 2015 7:03 pm

jrjamez23


Arresto Menor
council wrote:Ask to be treated fairly, at the very least, do what is required by law -

proper minimum wage,
sss, philhealth, pagibig benefits
proper rest days

And if all else fails, I am sure at least 1 employee will go to DOLE and for sure your company will lose and will be forced to pay damages and possible fines.

Worst is closure of the company.

the thing is...she wants to evade it...the minimum wage
but we all have sss and philhealth (im incharge in that matter)

my cousin (a business owner) told me that yeah we should hold a meeting with them...if they dont budge then we should bring it up in the barangay

my gf has a different story...it should be reported directly to DOLE

i told them that if things doesnt change...just leave..pero i think they must receive the salary/backpay that they should deserve



Last edited by jrjamez23 on Fri Dec 11, 2015 7:15 pm; edited 1 time in total

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5 Re: family business' "bad practices" on Fri Dec 11, 2015 7:09 pm

jrjamez23


Arresto Menor
Lunkan wrote:(The business is so old, so I asume it is NOT a BMBE. They have some different rules.

You have to follow the minimum laws, but you write they are live in employees, which are worth some.

You talk about store, so I guess your employees are NOT counted as Domestic helpers. Otherwice you can check the law about live in domestic helpers. They have much lower minimum salaries, but much more benefits so the value can be around the same. But that make it easier to check what levels are legal, because that law talk about less salaries and what's the minimum standard of the benifits. At least you can use it to get a hint what's a fair value of the live in benifits they get more than a common employee.

hi

let's say we are an sme

if you are referring like balancing the salary that they are getting from the perks they are currently experiencing/benefiting..well there is a dilemma there

well you can say na they are lucky but the growth in terms of the salary increase is not there.

lets just say...based from my calculations within 5-10 years there was a change on the salary of those working here ranging from 1000-2000

im basing this fact from many years ago when i was like in hs or gs...the deals was i get 100/day so its 3000/month

and if i remember it correctly...the staff were getting the same amount

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6 Re: family business' "bad practices" on Fri Dec 11, 2015 7:25 pm

Lunkan


Reclusion Perpetua
"let's say we are an sme"
Because of the old age of the business, I asume it's a SME, but NOT BMBE. (BMBE have some rights extemt from the minimum laws.)

"if you are referring like balancing the salary that they are getting from the perks they are currently experiencing/benefiting..well there is a dilemma there"
Yes. You can compare to what similar quality accomodation (and other EXTRA benifits if you get any) cost where you are for people not living in.
(I thought it can be seen as you get a higher salary, but pay rent to the store owner.)

I don't know if there is any law saying there has to be any salary raise (I mean more than fullfil the minimum salary law.)

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7 Re: family business' "bad practices" on Fri Dec 11, 2015 8:14 pm

jrjamez23


Arresto Menor
Lunkan wrote:"let's say we are an sme"
Because of the old age of the business, I asume it's a SME, but NOT BMBE. (BMBE have some rights extemt from the minimum laws.)

"if you are referring like balancing the salary that they are getting from the perks they are currently experiencing/benefiting..well there is a dilemma there"
Yes. You can compare to what similar quality accomodation (and other EXTRA benifits if you get any) cost where you are for people not living in.
(I thought it can be seen as you get a higher salary, but pay rent to the store owner.)

I don't know if there is any law saying there has to be any salary raise (I mean more than fullfil the minimum salary law.)

lets say (kasi i dont know the exact amount..the owner knows) 3000/month would be the value of the "extra benefits(lodging,electricity,foods,etc) " plus their salary which is 4000..so 7000...so its way below the minimum

pero ive been reading documents regarding the minimum wage and who are applicable
..one document says the company should have more than 10 (since it is retail business)

another document states that there is no connection between the number of employees..parang...kahit less than 10 dapat minimum wage ang bngbgay

which is correct? and must be applicable in this scenario?

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8 Re: family business' "bad practices" on Fri Dec 11, 2015 9:43 pm

Lunkan


Reclusion Perpetua
"lets say (kasi i dont know the exact amount..the owner knows) 3000/month would be the value of the "extra benefits(lodging,electricity,foods,etc) " plus their salary which is 4000..so 7000...so its way below the minimum"
Well. That depend of which region it is. It's a HUGE difference between Metro Manila and all other regions (with Cebu in between). In almost all regions the minimum salary is around 7000.

"one document says the company should have more than 10 (since it is retail business)"
Why minimum 10 because it's RETAIL business?? Most retail businesses has only 1 - 2 working there Smile

(The only I have heared of concerning around 10 are
some businesses need minimum to give a foreigner WORK PERMIT.
And perhaps MAXIMUM 9 employee to be approved as BMBE (some unclear law, some interpreet it like that). IF being BMBE they can get extemption from the minimum salary law.)

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