Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Need advice about unjust decision

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Need advice about unjust decision on Fri May 13, 2016 11:39 am

Lionheart143


Arresto Menor
Hi all,

Our company has initiated a one time bonus for our account last year. It states that we are going to receive it last month provided that we are not on Active CAM (Corrective Action Matrix) from Oct to April. As far as I know, I was not in active CAM during the past months because I have not been issued any written NTEs or any memo during that period. During our payday, when I checked my payslip, I found out that I was not given the said bonus. When I inquired about why I was not given the bonus, I was informed that I was supposed to be given a memo and be enrolled on CAM about my performance based on our quality matrix but it was not issued during the time period of the bonus. They told me that my performance since December was not satisfactory and that disqualification from the bonus is not based on the enrollment on CAM but on the actual performance. I am aware that my performance was not really good during those times but my point is they did not formaly inform me that i will not receive the bonus because of my performance during the last few months. No memo or anything written was given. I feel that I have been unjustly treated as I was totally not informed about this. I need advice on how to proceed with my case. Should I go straight to DOLE or do I need to consult a lawyer first? Please advice. Thanks.

View user profile

2 Re: Need advice about unjust decision on Fri May 13, 2016 11:53 am

lukekyle


Reclusion Perpetua
best to consult a lawyer. Filing a weak case would be prejudicial to your career advancement in the future. It depends on how it was worded but bonuses and how it is given are management prerogatives. medyo mahirap i-contest unless meron talagang pinag usapan beforehand

View user profile

3 Re: Need advice about unjust decision on Fri May 13, 2016 12:08 pm

Lionheart143


Arresto Menor
Thanks for your advice lukekyle.
Do you have happen to know any lawyer that I can consult about this?
Would appreciate it very much
Thanks.

View user profile

4 Re: Need advice about unjust decision on Fri May 13, 2016 12:11 pm

Lionheart143


Arresto Menor
Would like to clarify on what you mean about "medyo mahirap i-contest unless meron talagang pinag usapan beforehand"?

View user profile

5 Re: Need advice about unjust decision on Fri May 13, 2016 12:25 pm

HrDude


Reclusion Perpetua
Lionheart143 wrote:Thanks for your advice lukekyle.
Do you have happen to know any lawyer that I can consult about this?
Would appreciate it very much
Thanks.

You are in a NO WIN situation if you consult a lawyer as you have no cause of action and you have to pay the lawyer.

A bonus is an act of generosity given by employers. A bonus is not an obligation but a voluntary gift. A bonus, if not given, cannot be a subject of a suit. A bonus cannot be demanded by the workers as a matter of right, unless it has become a long company practice that could no longer be withdrawn or stopped unilaterally.



Last edited by HrDude on Tue May 24, 2016 6:15 pm; edited 1 time in total

View user profile

6 Re: Need advice about unjust decision on Fri May 13, 2016 12:51 pm

Lionheart143


Arresto Menor
Hi HrDude,

I would like to add the company/management made us sign a written letter stating the conditions on how to get the bonus. One of the conditions stated was "not on Active CAM". Since I believed that I was not on active CAM during that time, I feel that I am entitled to the bonus. Please advice. Thanks.

View user profile

7 Re: Need advice about unjust decision on Fri May 13, 2016 1:59 pm

lukekyle


Reclusion Perpetua
I meant if bago ka i-hire meron ka sa contract na "if you perform like ********, you will receive a P10,000.00 bonus" You can argue that this bonus was part of the original conditions and you accepted the job kasi merong ganitong incentive so they cannot arbitrarily take it away.

But if bago lang ni institute itong bonus, I dont think you have a case.

Do not take this the wrong way but if you yourself feel na hindi maganda performance mo, why do you feel na deserve mo yung bonus?

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum