Company owned by Aussie, I had to do OT for 3-4 months, bayad naman ako ng overtime pero hindi ako binayaran ng night differentials as well as proper weekend rates. Last APE before I joined the company I was clear of any diagnosis, netong APE lang nung huli, nakitaan ako PTB and it's positive na meron nga. I'm thinking of filing my resignation narin, just wondering if I file a case against my employer who is a racist actually and generalizes filipino's work ethics kahit na sandmakmak trabaho mo and kahit hindi mo na trabaho, he still thinks wala kang ginagawa, what case would it be and how much would it cost versus how much would I be getting from them.
Note: I believe nakuha ko yung PTB dahil sa mga OT ko, every week there's a day or two na wala akong tulog ni konting minuto.
1. if I file a case against my employer... what case would it be and how much would it cost versus how much would I be getting from them.
Non-payment of night shift differential (additional 10% of hourly rate for work performed from 10pm - 6am) and non-payment of premium pay (additional 30% of regular pay, for work performed on rest day. in other words, you're supposed to be paid 130% of your salary for work performed on rest days)
You file this with the National Labor Relations Commission. The Public Attorney's Office has a liaison office at the NLRC, and they help complainants for free. Or you can get your own lawyer (fees vary from lawyer to lawyer). Just compute how much night shift differential and premium pay you were not paid, and that's the sum you're entitled to. Then compare the amount to the cost of a private lawyer.
1. The fact that your employer is a racist, if the same does not result to discrimination against you in terms of salary or other benefits, is not a ground for a labor case. It may be a ground for a civil case (but the cost of hiring a lawyer vis-a-vis the damages you might be awarded, plus the length of time and work involved might make this an unattractive option. Note also that you will be needing concrete proof of his racism, which might be a bit hard to procure also).
2. PTB is caused by a bacteria. While overwork might have led to a weakened immune system, PTB is not DIRECTLY caused by overwork. More, an employer is actually allowed to require employees to work overtime or on rest days when the same is required by the circumstances (as long as he is paid the required overtime and premium pay). In other words, you may have a hard time connecting your PTB to your employer. And even if the same was caused by your overtime, the law says that you go against the Workmen's Compensation Fund (administered by the Employee's Compensation Commission) rather than your employer. If you are covered by SSS, you file for compensation, due to your PTB, with the SSS. Ypou don't file this against your employer.
3. If you are a permanent employee, resignation will disqualify you for separation pay ( an employee who resigns is not entitled to separation pay). On the other hand, an employer may terminate an employee due to a disease which is prejudicial to his and his co-workers' health, bu thtey have to pay him separation pay.
Edited by rocco69, 10 July 2019 - 08:14 AM.