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Need Help/Advise - Contracted Service Provider (NGO)

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dgzmi1968


Arresto Menor
Hi good day everyone,

I am new in this forum. I really need some advise regarding the status of delayed payment of a certain NGO and its contracted Service Agency to me and my fellow workers.

This is my situation:

I was a former project-based employee in a very big NGO based here in Panay. After my contract ended last June 30, 2015, we were called by our previous coleague to do short term enumerator tasks with lengths of up to 5-6 days. We were paid right after we delivered all deliverables. That was the setup which we have been used to and seems reasonable and a win-win situation for both parties. Recently, we were called back again to perform similar enumerator tasks. We had a verbal agreement and understanding that the same setup will be followed. To our surprise, they have asked us for requirements like tin, sss, philhealth, pag-ibig, police and brgy clearance and a cash card from a specific bank. We have complied all the requirements prior to the engagement. Then, they have asked us a favor to perform enumerator duties prior to the engagement as they have a tight schedule and need the data asap. We have agreed although we have no written contract yet, as we have used to work with them and we completely trust them to uphold their word that they are going to deduct the time(no. of days we rendered service) to the number of days in the contract. Then, all of a sudden we were informed that they will not be having the same setup and that they have find a service provider that will handle our "payroll" according to them. This service provider said that it will deduct taxes, philhealth, sss, and pag-ibig premiums from our wage of 5-6 days and that it will follow the system that most contractual and regular employees follow. 15th and 30th of the month payment regardless of just how many days we rendered services.

It felt like we have been totally fooled and put in a disadvantage since we have already rendered services prior to signing anything. We cannot also just quit as we have already worked for the NGO for a few days. We have no choice but to sign a document. The document they let us sign was a "Job Order" and not a regular contract that we used to sign before.

Now the issue is this, it has been 15 days since we have finished our job, yet there was no salary deposited in the cash card. I have tried to contact the admin of the NGO and they said that they are still having meetings with the service provider and their national office.

Do they violate any law? What legal actions do I need to take. THis is just about a very small sum of money but what I am fighting out is that it seems they have put me on aggravated status.

Any advise will be greatly appreciated.
Thanks

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Lunkan


Reclusion Perpetua
"We have no choice but to sign a document. The document they let us sign was a "Job Order" and not a regular contract that we used to sign before."
I don't know the labour laws any much, so I can't answer your question proper,
but in general NEVER SIGN ANYTHING, which you question before you have checked it proper, because rather often it can be illegal to force you if you HADN'T sign, but BECAME legal by you signed it. Signing mean you AGREE to it... It's very hard to get a signed contract canceled, if the other part don't agree.

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dgzmi1968


Arresto Menor
Thank you for your response to my post.

I have read and checked the Job Order that they have me signed. It does not have any statement in the document that the payment will be delayed or will be in 15 days interval. What was written is that we will be working on a specific date e.g. Nov. 25-30, 2015 and that the daily rate of a certain amount e.g 500 will be paid and a total of no. days * daily rate will be paid. This is what I have read:

ART. 103. Time of payment. - Wages shall be paid at least once every two (2) weeks or twice a month at intervals not exceeding sixteen (16) days. If on account of force majeure or circumstances beyond the employer’s control, payment of wages on or within the time herein provided cannot be made, the employer shall pay the wages immediately after such force majeure or circumstances have ceased. No employer shall make payment with less frequency than once a month.

The payment of wages of employees engaged to perform a task which cannot be completed in two (2) weeks shall be subject to the following conditions, in the absence of a collective bargaining agreement or arbitration award:

(1) That payments are made at intervals not exceeding sixteen (16) days, in proportion to the amount of work completed;

(2) That final settlement is made upon completion of the work.

Does this apply to this particular situation? Thank you.

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Lunkan


Reclusion Perpetua
Yes that law is the normal (when the workers don't get pay faster).
I don't know if there are any legal exceptions, when it's short projects, perhaps giving time to inspect proper before paying, but it start looking more than long enough time. What do they say about they haven't paid?

((Back when I had many different projects running at same time, I allways paid within 15 days from last day they had to finnish it.))

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dgzmi1968


Arresto Menor
Thanks for the reply again.

They have not taken any responsibility about it. They just said that we will just have to wait until the 30th for the salary to kick in. the last day of my short term work with them was last Dec. 1 this year, so counting in the number of days, it has been more than 20 days. I believe it is more than enough time for them to check the work. And another concern is that, why will they deduct ("according to them") some amount for SSS, Philhealth and HDMF? Thank you.

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Lunkan


Reclusion Perpetua
" it has been more than 20 days. "
I don't know if 30 days is illegal at END of projects. It's rather fair anyway. As you can see in other topics, several haven't got final pay in 3 months ! Sad

" another concern is that, why will they deduct ("according to them") some amount for SSS, Philhealth and HDMF?"
/That's NORMAL as well as deducting tax when it's SALARY. (The employer pay part of the fees and the employee pay part, around half each. So that's GOOD for you (asuming they pay theiir part in your name.)

/(I don't know if it's corect when it's paid to a BUSINESS. In my home country each business owner handle such himself, but in the Philippines even some PRIVATE customers are demanded to HANDLE taxes for some businesses !!! (For instance tennants are demanded to pay tax to BIR for the landlords!!!) Redicilous !!! in my oppinion Smile by BIR to demand customers to know such.

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