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

SALARY DOWNGRADE

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

1 SALARY DOWNGRADE on Mon Mar 07, 2011 6:44 am

peachy03


Arresto Menor
Hi

I work as a call center agent and just thought of asking legal advice from you guys. I would really appreciate any of your responses soon.

As call center agents we can be transferred from one account to another if we intend to do it. I was transferred from Customer Service agent with a basic pay of Php 17,000 to an Outbound Sales agent with basic pay of Php 21,000. Things are going smooth then a "FRAUD" case was filed to us by the Clients and decided we can no longer work within the account.

However our internal code of conduct states that the incident is not covered as fraud so we were offered to be transferred to a different account within the company.

We're okay with the transfer however there will be a salary slash. Prior to the transfer to the Sales account, I signed a contract with the amount I've stated above. From Php 21,000 my salary was slashed down to 18,200 ( I still need to haggle with the amount as the original slash was Php 17,400)

I'm already on regular status before the transfer to the sales account. Everyone that I actually asked is saying it's illegal. Even my supervisors said the same thing. But the company says it's their prerogative to downgrade our salary as there is a change of job grade.

Is this legal? I'm looking into resigning soon and I want to take it further.

Thanks in advance. Cheers!

View user profile

2 Re: SALARY DOWNGRADE on Mon Mar 07, 2011 7:31 pm

attyLLL


moderator
what do you mean you want to resign and take it further? you want to file a case against the company that this should be considered constructive dismissal?

consider to stay in your job, write a letter or have a lawyer write you one, that you consider this constructive dismissal. and if they do not, then file a case in nlrc while still staying there. you'll be untouchable (but not promotable)

the question here is whether you were demoted with just cause to warrant the downgrade of salary.

i believe the salary cut is unlawful, but consider your options.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

3 Re: SALARY DOWNGRADE on Fri Mar 11, 2011 1:19 am

peachy03


Arresto Menor
I am already rendering my 30 days notice to leave the company and the reason I'm asking is I want to file a case via NLRC together with some complaints like Incentives not yet given.

I just want to make sure that the salary cut is legal. I'm an agent when I was transferred and an agent still as I write this.

I appreciate your response and looking forward for more. Thanks again.

View user profile

4 Re: SALARY DOWNGRADE on Sat Mar 12, 2011 9:38 pm

attyLLL


moderator
you can argue that they made your work situation unbearable with the pay cut. that is considered constructive dismissal.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

5 Re: SALARY DOWNGRADE Today at 2:33 am

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