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should I file a lawsuit?

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1 should I file a lawsuit? on Sat Dec 03, 2016 8:49 am

starface


Arresto Menor
Good day everyone! I am currently in my first job here in Coron, Palawan. I work for Two Seasons Resort as a contractual for more than a month now. I just have issues regarding some things like the overtime/break/rest days. First I would like to share to you that Two Seasons pays overtime of minimum of 2 hours only(just let me know if thats the only allowed by the law). I havent work here before locally, but I had the experience abroad. I even got paid for 30 minutes overtime. I read on BOOK THREE
CONDITIONS OF EMPLOYMENT (Labor code of the Philippines) Article 87 says that "Work may be performed beyond eight (Cool hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof." Then there are times when my supervisor ask me to report for work, an hour earlier. Lets say my schedule was 12nn to 8pm, I should be in my workplace 11am, thats 1 hour overtime because I still have to leave at 8pm. I filed those overtime but it wasn't signed by my supervisor.(i should be automatically counted isnt? Why should I still have to file when they have records of my hours of work) My second issue was the break, I work for hotel, I know how busy it could be at times. So I cannot take that not less than 60 minutes meal time (Article 85). I was fine with that at first but eventually working 9 hours some days make me felt so tired I would like to take a break but I wasnt allowed. Their reason was no one will cover me. Then heres my big issue. We only have 2 shifts am and pm. We only have just exact people to work for both shifts. Lets say we have 5 station, so thats 5 people, same for both shifts have to work everyday 7 times a week was not even given a single day off for about 3 months since we started. If one was ever allowed to have his off one person need to work 2 stations at a time. Thats their reasons we weren't given day offs for more than 3 months of working here. Only supervisors was given off days I understand they have a higher position and theyre regulars. But we are human too. According to Chapter 2 Weekly Rest period  "It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four (24) consecutive hours after every six (6) consecutive normal work days." I tried once to ask (i shouldnt ask for off it should be given and required by law) but unfortunately it was denied, and funny because its during very low hotel occupancy. So I thought now I should leave this job and look for a better company that take good care of their employees. I tried to leave but I was denied due to the fact that I was on contructual for a certain months. I was told to just finish the contract.

 So let me know what do you think. Should I be just fine with this kind practice? Should I file a lawsuit because for me there is an obvious violation of my rights as a worker. Not only I experiencing this in this company but the whole department. Thank you and God bless!
 

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2 Re: should I file a lawsuit? on Sat Dec 03, 2016 10:12 am

lukekyle


Reclusion Perpetua
1. Yes, overtime has to be paid. If you intend to file a complaint, make sure you have evidence to prove that you indeed worked overtime. A witness, CCTV footage, payslip that says you worked overtime. Daily time record signed by your superior. All these can be used to prove your case.
2. Some companies require that you have to file for your overtime, if that is company policy you just have to obey.
3. SO for 1 month na, you have been working for 7 seven days a week? Again if you have payslips or some evidence to prove it, you can file a compaint sa NLRC.

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3 Re: should I file a lawsuit? on Sat Dec 03, 2016 4:02 pm

starface


Arresto Menor
I only have 2 pays slip that says I worked 16 days(+1 for holiday) and another 17 days because they assumed my pay on the previous payperiod. Supposedly last November 16 to 30 2016 I work for 15days again no day off. But they only pay for 13 days. I have my schedule copy signed by the GM and my Department heads. Which I can use as an evidence. Thanks!

Btw how do I file a complaint to NLRC?

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4 Re: should I file a lawsuit? on Sun Dec 04, 2016 12:29 am

lukekyle


Reclusion Perpetua
you would need proof that you worked those days. does their signature mean the instructed you to work those days or is it like a counter check to acknowledge that you did work those days?
just go to their office they will tell you what to do

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5 Re: should I file a lawsuit? on Sat Dec 10, 2016 7:44 pm

starface


Arresto Menor
Their signature means I have to work on those posted schedules.

I got another problem with them. I filed my resignation to my dept. head last week of November, then he said it was rejected by the admin. The reason was I have a fixed term contract for 5 months and I need finish it. Is it legal? With or without just cause I could file a resignation right? Regardless of my contract, fixed term or permanent employee, after the 30 days of my written notice I could leave the company. I want to leave the company because theyre not giving me days off. And they are not paying me the additonal 30% on the every 7th day of the week i work for them.

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6 Re: should I file a lawsuit? on Sun Dec 11, 2016 10:01 am

lukekyle


Reclusion Perpetua
1. those signatures are not proof then. you need someone to corroborate that you did indeed worked on those dates.
2. you can resign but if you resign but you can also be sued for damages

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7 Re: should I file a lawsuit? on Sun Dec 11, 2016 11:53 am

starface


Arresto Menor
What kind of damages are you saying?

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8 Re: should I file a lawsuit? on Sun Dec 11, 2016 1:13 pm

lukekyle


Reclusion Perpetua
monetary damages. anytime you sign a contract and dont fullfill it for any reason you open yourself up to being sued for damages. off course you can use your reasons to justify why you broke your contract

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