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Holding of Commission

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1 Holding of Commission on Thu May 24, 2018 3:47 pm

carlo21


Arresto Menor
Hi po just wanted legal advice on our commission.
My wife resigned from dmci as in house property consultant last year which her contract also expired May last year. And last april 2018, she applied for clearance to get her commission. All department head signed her paper except fot the Sales Director who wanted to hold it and as per her, all commission will be released until the last project sold is turned over to client which is on the year April 2022. Now sales management of the the developers system is that once you have an assisting agent she will be entitled to 20% com and 80% to the agent. Is there any law or legal basis for her to do so or in her part as an agent(my wife) what law is there that will protect her or will grant to have her commission to be processed and released.? By the way prior to that decision by the S.D she gave intruction first to procees her BIR receipts and after the process she gave this reason on not to sign yet her clearance.
Thank you,

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2 Re: Holding of Commission on Thu May 24, 2018 5:21 pm

attyLLL


moderator
it's not clear if she is considered an employee if she is issuing BIR receipts. if she is and the commissions are considered compensation then she can file a complaint at nlrc. if she's a contractor, a small claims at MTC



Last edited by attyLLL on Fri May 25, 2018 10:05 am; edited 1 time in total


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3 Re: Holding of Commission on Thu May 24, 2018 5:30 pm

carlo21


Arresto Menor
Hi sir, thanks for the reply, she used to be an in house agent, so actually no employee, employer relationship, reciepts are required by BIR for every commission released but only started this year. I called up HLURB but told me is not their juridisction but instead it's under PRC.

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4 Re: Holding of Commission on Fri May 25, 2018 10:07 am

attyLLL


moderator
if there is no employer-employee relationship, then her claim for the commission is based on contract. Her recourse would be to file a small claims complaint at the Metropolitan Trial Court (see my corrected post).


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5 Re: Holding of Commission on Fri May 25, 2018 10:18 am

carlo21


Arresto Menor
Hi Atty. LLL
Thank you for your valued input and Free advice, highly appreciated, God Bless.

Carlo Sernadilla

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6 Re: Holding of Commission on Sat May 26, 2018 7:53 am

akosiallysonkyle


Arresto Menor
good morning po. gusto ko lang po itanong kung pwede ko pong ireklamo ung company ko kasi may pina sign sa amin na list of critical working days. nag absent po ako nung payout which is a critical working day kasi may sakit po yung anak ko. solo parent po ako at kaming 2 lang ng anak ko sa bahay. hindi na po ako nag secure ng medical ceritificate kasi medyo ok naman na po sya at gusto ko lang isure na hindi na sya magkakasakit. ngayon po, tinanggalan nila ako ng incentive for 3 months dahil po dun. as a single parent, malaking bagay po ung incentive na un. hindi po ba sya mag fall under discrimination ng single parent kahit wala po akong single parent ID? maraming salamat po sa sasagot

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7 Re: Holding of Commission on Sat May 26, 2018 9:50 am

mikos23

avatar
Reclusion Perpetua
1. in order to be entitled for the benefit of a solo parent, as per RA 8972 you need to register and obtain an ID from the DSWD office of the city or municipality that you are into.

2. if there is a policy regarding incentives, they are just following what is stated in the policy. kindly read it because there's a difference in stating that your child is sick and that your child is really sick. baka dapat to satisfy the requirements they need to give out incentives is for you to give a certificate or prove / justify your absences. also, incentive is not a benefit, its given either as to motivate an employee or as a reward for what an employee do. my only guess is that your company incentive is based on the attendance of the employee, that means the company is rewarding employees for coming to work. now if an employee is absent.. do they need to give incentive to that employee? then the point of the incentive is already loss if they can give it to anyone who doesn't follow the condition to get it.

hope this helps



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8 Re: Holding of Commission on Sat May 26, 2018 12:24 pm

akosiallysonkyle


Arresto Menor
Thanks mikos for the reply. yung incentive po kasi is given to employees who were able to meet the required quality score regardless kung perfect attendance or not. pero dapat without disciplinary action. pero since absent po ako ng critical working days, nagkaroon ako ng DA. ang hirap po kasi iwanan ung bata kasi 2 lang kami sa bahay, hindi ko naman pwedeng iwanan ko ung bata kasi critical working days at nag inform nman ako sa kanila ng maayos

salamat po sa reply Very Happy

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9 Re: Holding of Commission on Wed May 30, 2018 2:11 pm

attyLLL


moderator
allyson, without a med cert, how else could you prove the basis for your absence? you can try writing an appeal to your HR, but if you filed a money claim against the company, I'm doubtful if the case will prosper


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