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unfair labor practice

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1 unfair labor practice on Fri Feb 02, 2018 12:10 am


Arresto Menor
gud day!

i just need an advise regarding my husband's situation.
my husband works in a paint/touch up paint - production company as a production supervisor. my concerns are:

1. he renders overtime on days when production demands are high, so there were times he went home very late, and even as far as 3am.. and his on a 8am-5:30pm shift, yet, NO OT PAY(which i understand as he is a supe) AND NOT EVEN ALLOWANCE.

2. his pay was wrongly computed. he's on a fixed rate.. so regardless of the number of days in a cut-off his basic pay does not vary.. but recently i noticed on his payslip he has been on an hourly rate and it does not sum up to his expected basic pay.. PLUS.. with the new tax reform law, he should be receiving a bigger amount, yet what he received is actually smaller compared to his takehome pays in november and in other  months.

3. there was one time my husband was late/undertime for more than 30 minutes but not longer than 1 hour, yet he was deducted for a full half-a-day pay (4 hrs)

4. the owner of the company, is committing verbal abuse if things do not meet his expectation - production output, etc. a lot of times my husband would be the receiving end of his "PUTANG INA" in front of his colleagues and likewise have witnessed his colleagues being called out with the same abusive words.

my questions are:

1. I understand he has no OT pay, but, is he not also entitled for an allowance per hour? is this not an unfair labour practice?

2. he is working in a health risked environment, though he has HMO, is he (and other employees) not entitled of a hazard pay?

3. what actions should we take for concerns number 2,3,4? i know I can go to NLRC, but, how should we present these situations to them? what cases to file? what chances his company be penalized?

please advise..

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2 Re: unfair labor practice on Fri Feb 02, 2018 12:39 am


Reclusion Perpetua
1. wala talagang allowance. if nagbigay ng allowance that would be like OT pay just going by another name.

2. im not sure if this can be qualified as such. better check with dole

3. (2) this shouldn’t be the case, even if fixed rate the number of days should affect the computation. better check with hr before filing a conplaint he may be getting “more” than he should. i dont see any reason why his take home pay will become smaller but again you better ask for an explanation first. (3) you can file a complaint as they should not dedecut more than what was late but if this only happened once then you will just waste your time for a few pesos. (4) this is definitely a ground for you to file immediate resignation.

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3 Re: unfair labor practice on Fri Feb 02, 2018 7:12 am


Reclusion Perpetua
1. No he's not entitled to it.
2. I've worked in a paint company before, unless he's in a "specific" area in the plant or have a "specific" job, being in a paint industry does not constitute that he should have a hazard pay.
3. For #2, unless i can see all the income and deduction, its hard to give an accurate answer, but generally, his take home pay should have increased. discuss this with their payroll. For #3, if there is a policy, yes. If the policy is unfair, complain with the company or to DOLE to have it changed. For #4 you cannot change the attitude of the owner or his boss. what your husband can do is change his boss by resigning and go to another company that have a good boss.

Hope this helps.

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