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Continued Contract

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1 Continued Contract on Thu Mar 29, 2018 12:58 am

bazztardo81


Arresto Menor
Good day sir/ma'am...i need an advice...im currently employed as a trailer driver here in our company since 2015...almost all of us are contactual employee...as long as i remember,april or may 2015 since i first sign my contract here in our company...the contract stated that i should get 930php per trip,2,050 basic pay and 680php per trip allowance...but sadly,the company didn't gave me the said 680php per trip allowance that is written on the contract...later this year,last march,i confronted our human resource deparment officer...i ask her why don't they give to me/us the said 680php per trip allowance?...and our hr officer answer me that,it was just a mistake to our contract...i signed those contract 5 times consicutively for almost 3 years now and the last contract that signed was already edited or new...it only states 930php per trip and 2050 basic pay...they already erased the 680php per trip allowance...i have a photocopy of the last cobtract that stated that there was a 680php per trip allowance before the new one i signed this year..and also the company didn't gave us a copy of our contract...ive been a contractual for almost 3 consicutive years now,without being layed off or endo...please advice me what to do...
Thanks and more power...

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2 Re: Continued Contract on Thu Mar 29, 2018 8:23 am

attyLLL


moderator
tough situation, because the employer might retaliate if you file a complaint. but you are entitled to go to DOLE and report the situation so they can check on the company, or even file a complaint to be declared a regular employee and money claims for the allowances


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3 Re: Continued Contract on Tue Apr 03, 2018 11:20 pm

arnoldventura


Reclusion Perpetua
You can try enforcing the previous contracts that you signed. They will have a hard time proving that the per-trip allowance was just a mistake, considering that it both parties have been signing it for three consecutive years already. You can easily establish that the terms were consensual, and regularly agreed upon. https://www.alburovillanueva.com/contracts What is clear is that you have a claim based on an actionable document, and they have a defense that is based only on their saliva.

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