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

Minimum Wage, Unpaid salary and Verbal Stress

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

1 Minimum Wage, Unpaid salary and Verbal Stress on Wed Jul 27, 2016 10:01 am

purplesai


Arresto Menor
I would like to share my situation right now as an employee who is experiencing a huge traumatic mental stress and I need to seek help from a lawyer and from others who have the same case.

I am currently employed in a catholic school for three years and 2 months now but I am encountering a lot of hardships at work brought by the school administration. The following are my concerns:

1. for an employee to be in the minimum wage, is the monthly allowance being added to the basic pay? or is the allowance on top of the basic pay and should not be considered part of the monthly minimum wage computation?
ex. if i am earning a basic pay of P12,400 is it right to add up the rice and laundry allowance of P1800 so that it will be P14,200 and will make my daily rate P544 instead of below the min. daily rate or the P1800 will be on top of the basic

2. how about the merit increase and across the board, are they also on top of the basic pay?like when computing for the minimum wage law compliance are we also going to add them up to the basic pay?

3. as compliance to the minimum wage law, how do we compute it? i have the figures but i am so confuse with how to comply with it - basic pay P12,400 /rice laundry allowance- P1,800/ merit increase-P744/across the board-P500

4. the designation that im currently working in is front desk associate but last october one of our employee(cashier) moved out of the office and the position holder of hr staff took the cashier position. since the hr staff position was vacated, i informed the hr head about my willingness to move up from front desk to hr. tha agreement was very clear and i was even informed that while doing the transition period, i will still be working as front desk assoc. almost more than 10 months passed by and i've been doing the duties of both hr staff and front desk assoc. there were even special projs that i did for the hr dept which are all unpaid. when i confronted the hr, finance head and director they informed me that they will not pay me for the hr staff services that i already rendered since the duties are of the same level as front desk. can someone tell me if what they're doing is a fair treatment to an employee?
4a. in line with the same issue,since i really demanded them to pay for my services and i was even hoping to at least get half of the amount being paid to the previous hr staff, they were offering me a P300/month rate for the services i rendered. i declined their offer and informed them that i already worked and accomplished the duties of the hr staff so why not pay me fairly. i want to know if i have the right to demand for at least half of the total amount(P15,000) the previous hr staff receives since it is already the value of the position. all the duties were accomplished fully
4b. since they're refusing to pay me the fair amount that i'm asking, they hired a new personnel for the hr staff. i mean they cut me down when it comes to paying my services as hr staff during the 10 months but they have the money to hire a new employee
4c. i was told by the hr head that i'm not fit for the hr staff position since i don't have the commitment and qualities of it but she made used of my abilities for 10months. since i disagreed with her decisions and even confronted her if she has personal grudges with me, she just hired a new employee. was it right for her to say those things or it is already oral defamation? did she go beyond the right of an individual employee?
4d. the hr head is using her power as my supervisor for me to follow her reprimands of assisting her new hire employee. i didn't follow her command and instead i told her that what she's asking for is not in my job description as front desk associate. anything that has nothing to do with being my front desk associate is not anymore my concern. did i do it right?

5. the working environment is not any more healthy and i feel like they really wanted me to leave anytime soon. the hr head is making this unprofessional gesture - nagpaparinig na "kelan ka magreresign? is it the right attitude of someone who is already in a position that you will make such comments in front of your employees?

i really need help and i'm still deciding whether to file it fully in nlrc/dole or just let it go. i hope some very helpful answers will be given to me. i'm really confuse, stress - mentally and emotionally and very much worried that i may not get a job real soon if i leave the school.

View user profile

lukekyle


Reclusion Perpetua
minimum wage is 491 per day now, so as long as your total salary (not including overtime) is above that they have complied with it.

4a.) you have no right to demand that unless they promised it to you before.
4b.) That is their prerogative
4c.) depends on what she said but it doesn't sound like oral defamation
4d.) the employer has the right to ask you to do extra tasks except if it is beyond your skillset (hindi mo alam or kayang gawin) or it is degrading to your position (example if ikaw ay accountant tapos pinag huhugas ka ng kotse)
5.) hindi maganda yung nag paparinig. Pwede mo sya isumbong sa HR.

Pwede ka mag file ng complaint sa nlrc but i dont see how it could prosper.

View user profile

purplesai


Arresto Menor
lukekyle wrote:minimum wage is 491 per day now, so as long as your total salary (not including overtime) is above that they have complied with it.

4a.) you have no right to demand that unless they promised it to you before.
4b.) That is their prerogative
4c.) depends on what she said but it doesn't sound like oral defamation
4d.) the employer has the right to ask you to do extra tasks except if it is beyond your skillset (hindi mo alam or kayang gawin) or it is degrading to your position (example if ikaw ay accountant tapos pinag huhugas ka ng kotse)
5.) hindi maganda yung nag paparinig.  Pwede mo sya isumbong sa HR.

Pwede ka mag file ng complaint sa nlrc but i dont see how it could prosper.


yung sa 491 ba na yun pagnagtotal for the monthly salary kasama ba pagnagcompute ang rice & laundry allowance or purely basic pay lang ang for minimum wage law compliance

i'm not against them hiring a new employee for the hr staff but what i'm after is for them to compensate with all the inputs that i did during those days that they don't have hr staff. i mean it's not just extra task kasi i did hr staff duties everyday together with my front desk associate duties for almost 10 mos. everytime when i ask them about the additional pay, iniiba nila yung usapan until tumagal na ng more than 10 months that i'm not paid.

how can i complain to the HR if the HR and Finance are the people I'm complaining with due to their very unfair treatment sa employees.

View user profile

lukekyle


Reclusion Perpetua
pwede yan kahit allowance, bonus or incentive. Pero pag compute ng OT kelangan hindi bababa sa 481 ang base pay.

Unless nag commit sila sayo dati na dadagdagan ang sweldo mo, they are not obligated to do so.

For example, yung janitor dahil matagal na, sinabihan na "pag wala kang linilinis ikaw na din tumao sa reception area, sumagot at mag asikaso ng customer" Hindi kelangan dagdagan ang sweldo ni janitor. Yun lang pag pumalpak si janitor sa reception, pwede nya sabihin, this is beyond my skillset kasi.

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