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Employee with no contract and increase for morethan 4 years.

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Rajovio


Arresto Menor
Hi Everyone,

I am an employee of a company for morethan 4 years now but i do not have any written contract. everything was verbal including the regularization and they cannot provide me with a contract even if i am requesting for one. Also i haven't gotten an increase in 4 years. my job description, duties and responsibilities kept on changing over the years and now they are again planning on changing my job description to add more task without any increase. My current position is Sales Quality Assurance Officer and they are planning on making me the official company sales trainer without an increase again.

Question is can i refuse to accept the new role? are there any cases that i can file? how can i protect my employment?
Thanks in advance for helping.

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HrDude


Reclusion Perpetua
- Question is can i refuse to accept the new role?

NO, that would to insubordination.

-are there any cases that i can file?

NONE, as you have no cause of action.

-how can i protect my employment?

Follow company policies and do your work.

NOTE:
1. The law is silent as to the issuance of an employment contract.
2. There is NO law requiring an employer to give any employee a raise. As long as your salary is not below the minimum wage and your benefits are given, there is/are no violation/s committed by your employer.
3. Your job description, duties and responsibilities can be altered or modified as it is Company prerogative (as long as reasonable).
4. Your position can also be modified without any change in salary. It is still legal.
5. You cannot file anything against your employer because, according to your story as it committed no violation.
6. As long as you do your work, follow company policies and do what you are told, as long as reasonable, then you have no problem.

You can always resign if cannot stand your situation.

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Rajovio


Arresto Menor
HrDude wrote:- Question is can i refuse to accept the new role?

NO, that would to insubordination.

-are there any cases that i can file?

NONE, as you have no cause of action.

-how can i protect my employment?

Follow company policies and do your work.

NOTE:
1. The law is silent as to the issuance of an employment contract.
2. There is NO law requiring an employer to give any employee a raise. As long as your salary is not below the minimum wage and your benefits are given, there is/are no violation/s committed by your employer.
3. Your job description, duties and responsibilities can be altered or modified as it is Company prerogative (as long as reasonable).
4. Your position can also be modified without any change in salary. It is still legal.
5. You cannot file anything against your employer because, according to your story as it committed no violation.
6. As long as you do your work, follow company policies and do what you are told, as long as reasonable, then you have no problem.

You can always resign if cannot stand your situation.

Thanks for clarifying. But since i do not have any contract, can i request for a contract that consist of my specific duties and responsibilities and how my performance would be evaluated? Because i already requested but the employer said that there would be no contract given, only transfer documents to change my role. Am i not entitled to request for my contract? Thanks again.  

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lukekyle


Reclusion Perpetua
You can only request for a copy of your employment contract, if there is one. If merong pinapirma sayo you can ask for a copy. Hindi kasi required na merong employment contract between you and your employer. You can ask HR for a current list of your duties and responsibilities but bear in mind your employer can change this when appropriate

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river03


Arresto Mayor
lukekyle wrote:You can only request for a copy of your employment contract, if there is one.  If merong pinapirma sayo you can ask for a copy.  Hindi kasi required na merong employment contract between you and your employer.  You can ask HR for a current list of your duties and responsibilities but bear in mind your employer can change this when appropriate

Sir(s),

as per HRDude:

NOTE:
1. The law is silent as to the issuance of an employment contract.

dapat po ba may ipapasign silang duties and responsibilities kung walang employement contract?

thanks po.

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lukekyle


Reclusion Perpetua
Yes silent. Meaning hindi sya required. Walang law na nagsasabi na kelangan merong. Mali yung word na "dapat". Pwede silang magpa sign, pwede rin namang hindi. Usually mag pasign ang companya to prove na alam mo yung duties and responsibilities mo, para kung may sanctions, hindi masabi ng employee na hindi nya kasi alam.

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Rajovio


Arresto Menor
lukekyle wrote:You can only request for a copy of your employment contract, if there is one.  If merong pinapirma sayo you can ask for a copy.  Hindi kasi required na merong employment contract between you and your employer.  You can ask HR for a current list of your duties and responsibilities but bear in mind your employer can change this when appropriate


Thanks, I was just concerned regarding kung papano nila i evaluate yung performance ko. (KPI)

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