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Salary Dispute - underpaid for 2 years

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1 Salary Dispute - underpaid for 2 years on Wed Dec 23, 2015 10:32 am


Arresto Menor

I am working for a BPO company in Quezon Citu for three years now. There are 4 levels that you need to complete as a BPO agent in my company. While on training (first six months), i was a level 1 agent. Upon regularization, I was promoted to a level 2 agent, increasing your level means increasing your salary too. It is a promotion. After a year working for the company, they told me that my performance was good and that I passed the requirement to be a level 4 agent. I skipped level 3, but noticed that the increase in my salary is the same as compared to an agent who is promoted to level 3. I asked my Team Leader at that time and she said "Ganun Talaga", so I shrugged it off thinking that it really is "ganun talaga".

2 weeks ago, the same Team Leader informed me that I was promoted to Level 4. I got confused cause I know that I was already a level 4 agent. She said that she received an email regarding my promotion to level 4 since November 1, 2015, she explained to me that if I will be a level 4 agent, there should be an increase in my basic salary, twice the increase as compared to when I was promoted from level 2 to level 4 . I told her that I am already a level 4 agent since 2013. I urged her to confirm the matter to our HRD. The HR told her that they cannot trace the records anymore because they upgraded the system, they cannot give me back the additional increase in my salary.

In my company, if you are promoted to level 3 from level 2, the increase in your salary is approx 1500 per month... Another 1500 will be added if you are promoted from level 3 to level 4. So, in my case since I was promoted to level 4 from level 2, my basic salary should have a 3000 increase every month. But, when I was informed that I was a level 4 agent in 2013,.there was only 1500 increase in my salary. I want to claim my underpayment so I went to HRD. Now, when I talked to HRD today, they told me that I cannot claim the additional payment anymore because I am already resigning. I told them that the miscalculation of my payment happened 2 years ago so I think I am still entitled to claim my underpayment. They told me that they will not pay it back.

Please note that all incentives, bonuses, leave conversion and 13th month pay are based on your monthly salary.

My question is, can we first send them a demand letter? Does the demand letter needs to be notarized or something?

If we pursue the case in a small claims court, do we have a chance of winning?

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