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CONTRACTS / SATUTORIES / CONSULTANT

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1 CONTRACTS / SATUTORIES / CONSULTANT on Wed Jul 18, 2018 12:41 pm

blackflamer1024


Arresto Menor
Hi! I want your legal advice on this guys.

I filed a complaint on NLRC against a company in Pasig. Its about my satutories (government mandated fees) and contracts.

Flow:
1.) The company C was a merge venture of Company A and Company B. Company A managed company C's employees while Company B handles payroll and "hr".

2.) Sept 2016, Company A hired me as a regular then transferred to Company C complete with all benefits/compensation the same. I signed an employment confirmation for this, this so that company C can pay me my salary. ( old management did this to keep safe the employees daw since company C isnt yet SEC registered.)

3.) Then by June of 2017, Company C forced us to sign a contract ,under Company B, that makes all employees pure consultants starting January 2017. They told us if we don't sign we won't get our salaries for that cut off but assured us that once company C is SEC registered we will go back as regular employees including our benefits or mandatories. (All of us signed it out of good faith and trusted the company that it is doing its job) we dont have copies of this kasi walang bumalik saamin ni isa.

4.) By november 2017 we found out that company C is now registered and were hopeful na we will have mandatories paid or settled. But Company C still did not yet settled our mandatories ( we were all un aware of this ) and we did not get our 13th month pays. I

5.) Moving forward to this Feb/March Company A management (including the CEO/President) were removed from Company C and company B took over. As per Company A management (before they got fired) told us that we are now being deducted again as regular employees and na increasan daw kami (which started around March. proof on my bank statements).

6.) I filed a complaint in NLRC against company C's new management ( Company B ) because I found out that since January that none of my mandatories were being paid. And also the remaining employees are being forced to sign a contract (this month) that has no compensation / salary and the signatory is the old ceo or president not the new one plus the name of the employer is not Company C but the name of the old CEO ( not included ung position). Pag di daw pinirmahan mag resign nlng daw.

7.) Plus to this is that, Company B told us that the contracts that we were forced to sign are missing and consultants lang daw kami kaya di binayaran ni Company B.

Situation:
- they dont know that i know na nareceive na nila ung complaint ko from NLRC

- they re forcing me to sign the same contract na hindi updated ung signatory.

-hr threatened me if i dont sign it until July 7,2018 my salary will be reverted back to my old one.

-i havent heard anything from the management about my complaint.

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2 Re: CONTRACTS / SATUTORIES / CONSULTANT on Wed Jul 18, 2018 12:51 pm

blackflamer1024


Arresto Menor
Deadline for signing the contract would be July 19,2017

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3 Re: CONTRACTS / SATUTORIES / CONSULTANT on Wed Jul 18, 2018 1:12 pm

lukekyle


Reclusion Perpetua
don't sign. Kasi since you have a complaint pending if you sign anything after filing the complaint, that may be construed as having changed your mind or having accepted new terms etc

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4 Re: CONTRACTS / SATUTORIES / CONSULTANT on Wed Jul 18, 2018 3:39 pm

blackflamer1024


Arresto Menor
Thanks for the info. So its ok for them to reduce my salary before there was an increase?

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5 Re: CONTRACTS / SATUTORIES / CONSULTANT on Wed Jul 18, 2018 3:52 pm

lukekyle


Reclusion Perpetua
bring it up during sa conference sa nlrc

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6 Re: CONTRACTS / SATUTORIES / CONSULTANT on Wed Jul 18, 2018 7:34 pm

attyLLL


moderator
deduction of salary would be an unlawful diminution of benefit.


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