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Delayed Performance Evaluation - Is Salary increase Retroactive?

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methusela


Arresto Menor
It is stipulated in my contract that 3 months from commencement of my job, my employer will conduct a performance evaluation to see if they will upgrade my probationary status to a regular employee. Further stipulated in the contract is that upon regularization, a corresponding salary increase will be granted. Also, another stipulation in the contract is that 1 year from date of regularization, a performance review will again be conducted.

My performance review was delayed for 2 months, without any fault on my part and my employer admitted that she simply forgot, thus I was given an increase but the increase is not retroactive. I did not complain and simply let this incident passed.

After a year, no performance review was conducted. I tried to be patient and waited for my superior to evaluate me, however, after a month no evaluation was done. So this time, I emailed my superior and remind her of my evaluation but did not get any response. After a week, I emailed her again and reminding her of my evaluation, but she still waited for 3 more days before she spoke to me. ( I can't talk to her in person as she is in mindanao and I am in manila) She told me that she is already coordinating with the owner and I need to wait. Until now, I still don't have a feedback regarding my request for evaluation.

I want to know if I can demand for a retroactive application of my salary increase just in case they will give me my performance evaluation at the end of the month?

Thanks

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attyLLL


moderator
no, there is no legal right to a regular increase


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methusela


Arresto Menor
I do understand that there is no legal right for a regular increase, however, since the time of performance evaluation has been stipulated on the contract, I want to know if i can demand for a retroactive application of the salary increase just in case my employer give me an increase at the end of the month, which is more than 2 months delayed as stipulated on my contract. I am not demanding for an increase. I simply want to know if the increase has retroactive application since my employer is at fault in this situation. (contract stipulates that one year after regularization, a performance evaluation will be given, which will determine if I will receive an increase or not).

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attyLLL


moderator
there is no rule that salary increases should be made retroactive unless it is clearly stated in your contract.


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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.
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