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Seeking Advice for Illegal Suspension from Work

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Arresto Menor

Good Day!

We need your help.

I am and rank and file employee of an Advertising and Publishing company here in the Philippines. I am under the customer service department which does not entails selling services and acquiring new clients. There is a separate group for Sales employees however, last June there was a notice that we will now act as a sales employee to acquire new clients for our company. There were grids and sanctions that will be imposed in case by the end of each quarter we fail to deliver the figures. At first I was hesitant to agree to do the job but my manager expressed that if we cannot be part of the game she will be accepting resignations. Afraid to lose our we continue to do what they say. We were expecting that after the cascade there will be a personal change notice that will be presented to have us sign for formality and for the benefits that we might get as patterned to the sales personnel since we are also doing the same things they are now doing. That includes transportation allowances and insurance since we will now being sent for field work. Personal Change Notice was not served. Now  2 quarters have passed and we were suspended from work for  10 days since we have not reached our targets. Can we file for legal case against our company?

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tsi ming choi

Reclusion Perpetua
Were you informed of that policy of "suspension for 10 days for failure to reach the target" at the time you agreed to be a sales personnel?

If you were informed then, that policy is binding and you can not file a legal case against the employer. Even the personal change notice was not yet served.

However, if you were not informed,then you can file for constructive dismissal before the DOLE alleging a clear and blatant violation of your right to due process and use the Personal change notice as your evidence.

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