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Unfair policies and compensation

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1 Unfair policies and compensation on Mon Feb 13, 2017 8:41 pm


Arresto Menor
I am working as a technician in a cellphone accessories branch and would like to ask for your advise since me and other employees think that there's an unfair treatment and ruling inside the shop.

Here are the policies that they have implemented:

1. Sales folks are working 11 hrs/day with 2 hrs break time and no OT pay and Technicians work 9 hrs/day with NO BREAK TIME and no OT pay

2. Employees are give 12 days of sick leaves/year but no vacation leaves. Moreover, no sick leave is allowed during Saturdays and Sundays. If absent during these days, 1 week worth will be deducted to the 13th month pay

3. Closing time is 9PM but sometimes closing time is late. Still, it's logged in the time card as 9PM

4. When arriving late for 30 mins, it will be logged as 1 hr late. Time is multiplied by two

5. The employers give commands to the employees like buying their coffee. This seems to be out of the scope of work

6. Technicians are ordered to get the stocks from the delivery bay. This seems to be out of the scope of work

I found below in the site of DOLE and I think these maybe part of their violations, but I think there maybe more:

Book III - Conditions of Employment

Art. 83. Normal hours of work. The normal hours of work of any employee shall not exceed eight ( 8 ) hours a day.
Health personnel in cities and municipalities with a population of at least one million (1,000,000) or in hospitals and clinics with a bed capacity of at least one hundred (100) shall hold regular office hours for eight ( 8 ) hours a day, for five (5) days a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six (6) days or forty-eight (48) hours, in which case, they shall be entitled to an additional compensation of at least thirty percent (30%) of their regular wage for work on the sixth day. For purposes of this Article, "health personnel" shall include resident physicians, nurses, nutritionists, dietitians, pharmacists, social workers, laboratory technicians, paramedical technicians, psychologists, midwives, attendants and all other hospital or clinic personnel.

Art. 85. Meal periods. Subject to such regulations as the Secretary of Labor may prescribe, it shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals.

Art. 87. Overtime work. Work may be performed beyond eight ( 8 ) 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. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.

Can you help me on this? Also need your advise on what to do moving forward. Would appreciate it very much. Thanks!

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2 Re: Unfair policies and compensation on Mon Feb 13, 2017 9:13 pm


Reclusion Perpetua
1. any work done in excess of 8 hours dapat may OT. pwede itong ireklamo.

2. ang mandatory lang ay 5 days a year so be very thankful na dito. you are being given more than double. ok lang na hindi igrant ang sick leave dahil ibibigay din naman nila as cash either at the end of the year or when you leave the company. bawal yung magkaltas ng higit sa ni absent. yang part pwede mong ireklamo.

3. the company can control overtime, insist nalang na wag ka na pa work if hindi na maging authorized yung overtime.

4. again bawal yang magkaltas ng sobra. suggest to the employer instead of deducting double. wag nalang papasukin yung mga late para walang problema. if they insist on double deduction pwede monh ireklamo.

5. pwede talaga yun. unless ang sasabihin mo eh hindi mo kaya yung pinapagawa nila. as long as you're capable pwede nila pagawa sayo.

6. again unless na hindi mo kaya, the employer may assign whatever duties and responsibilities they deem fit. kaya yung pagkuha ng stocks or pagtimpla ng kape pwede. if hindi ka magaling sa math at punapagawa sayo ay accounting, pwede kang tumanggi if pinilit ka at nagkamali ka sa accounting, hindi ka nila pwedeng sisihin.

maraming nilalabag ang employer mo but make sure hindi ko ireklamo yung hindi bawal, kasi magmumukha kang petty and isipin ay nanggugulo ka lamang. tama naman yung ni site mo sa labor code except yung tungkol sa health worker. unless pinag work ka rin as nurse during the weekends

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3 Re: Unfair policies and compensation on Tue Feb 14, 2017 9:48 am


Reclusion Perpetua
Call DOLE and ask them to visit your office..

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