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Promised salary not given

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1 Promised salary not given on Wed Mar 30, 2016 11:40 pm


Arresto Menor
I wish to write in tagalog please bear with me.

Nakipag joint venture ang company ko sa isang foreign company. Sa joint venture, I was hired as project manager february 1. salary ko daw ay 40k. Lahat yan ay verbal agreement lang po. Pero pinapirma nila ako ng company bond agreement. Natapos ang training ko for 5 weeks. Pero hanggang ngayon yung lumang salary ko ang natatanggap ko. Sabi ng company ko sabi daw ng board ng foreign company, april 1 na daw ang start ng new salary ko dahil nagbenefit daw ako sa training na yun at sila daw ang Gumastos. Wala akong written contract for salary increase. Kaya ko ba habulin? Or hopeless na ako? Salamat po.

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2 Re: Promised salary not given on Thu Mar 31, 2016 5:29 pm


Reclusion Perpetua
Anong basis mo for salary increase? Yung verbal agreement niyo? Paano kung i-deny nila na my agreement na ganun?

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3 Re: Promised salary not given on Fri Apr 01, 2016 3:16 pm


Reclusion Perpetua
Although the New Civil Code effectively states that verbal agreements have "the same force and effect as that of a written contract", it is hard to prove such existence come court proceedings since it will be a battle of testimonies between opposing parties and witnesses. That is why it is always sound business practice to have everything documented on paper so that there will be physical evidence of the agreement's existence which is not merely dependent upon hearsays.

Right now, the best thing to do is to secure a written agreement from your supervisors regarding the increase of your current salary and WHEN it will be applied. Have their name and signatures on said document so that there will be accountability in the future. You may contest the previous months wherein your salary was not adjusted, but it will be a hard legal battle to win since it will be dependent on the evidences you have that will support your claim.

Although the Labor Code has a provision that "any doubt should be construed in favor of labor", that is not always the case especially if the employer has more compelling evidence that does not give any doubt to their claims.

I hope that my recommendation will somehow be a good alternative for you right now, in lieu of actual legal advice from a real lawyer.

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