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Benefits of Contactual Employees

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1 Benefits of Contactual Employees on Sat Jan 07, 2012 6:06 pm

gsanchezbiz


Arresto Menor
Hi,

I am an IT Contractor for 3 years now (with yearly contract)and receiving my salary every 7th and 22nd of the month without any benefits. The company agreed to give me 13 month pay and SSS provided these will be deducted to my Gross. SSS maybe ok with me but with 13th month pay, I think not. They also doesn't give us incentive leave, rest days, overtime pay, holiday pay.

Now I found this section of article(see below). And not so sure if understand it right. My questions are the following:

1. Do I really have the right to enjoy at least 13th month pay or it will still depend on our contract?
2. This will be my fourth year contract this year with same company, deployed in the same client but still not a regular employee. What rights do I have for this.


Republic of the Philippines
DEPARTMENT OF LABOR AND EMPLOYMENT
Intramuros, Manila
DEPARTMENT ORDER NO. 18 - 02
(Series of 2002)
RULES IMPLEMENTING ARTICLES 106 TO 109
OF THE LABOR CODE, AS AMENDED


Section 8. Rights of Contractual Employees. Consistent with Section 7 of these Rules, the contractual
employee shall be entitled to all the rights and privileges due a regular employee as provided for in the
Labor Code, as amended, to include the following:

(a) Safe and healthful working conditions;
(b) Labor standards such as service incentive leave, rest days, overtime pay, holiday pay,
13th month pay and separation pay;
(c) Social security and welfare benefits;
(d) Self-organization, collective bargaining and peaceful concerted action; and
(e) Security of tenure.


Many Thanks

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2 Re: Benefits of Contactual Employees on Wed Jan 11, 2012 10:33 pm

attyLLL


moderator
it has to be determined first whether you are an employee or a contractor. the first is entitled to the benefits you mention, the latter does not.

i would argue that if you are not required to issue an OR, and they don't deduct CWT and issue you a 2307, then you can argue you are an employee.


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3 Re: Benefits of Contactual Employees on Mon Jan 16, 2012 12:52 pm

gsanchezbiz


Arresto Menor
Thank you for the reply.

I really don't know the difference between the two.

Here is another part of the document above:

(b) "Contractor or subcontractor" refers to any person or entity engaged in a legitimate contracting or
subcontracting arrangement.

(c) "Contractual employee" includes one employed by a contractor or subcontractor to perform or
complete a job, work or service pursuant to an arrangement between the latter and a principal.



In our contract, it is specified that we are working for a project basis, but also it is specified that we will perform within 1 year Contract.

Am I a contractor or a contractual employee.

Thank you very much.

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4 Re: Benefits of Contactual Employees on Mon Jan 16, 2012 10:14 pm

attyLLL


moderator
it would require a determination based on all the circumstances, but based on your story, I think you are an employee.


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5 Re: Benefits of Contactual Employees on Tue Jan 17, 2012 11:14 am

gsanchezbiz


Arresto Menor
I think so because we are even provided a company ID with our name on it labeled Employee's Name.

In this case, we will try to find someone to analyze the documents.

Thanks for your advice. Good day!

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