ghetto_gospel

It will be the employee's burden to prove why the recording should not be played (e.g. it will cause unnecessary embarrassment, harrassment, hostile working environment, or otherwise violate his/her civil rights). If you can't prove any of this then the company will have the right to play the recording for training purposes.

i understand. thanks for the info sir. peace!

If playing the recording will cause embarrassment and humiliation to the employee, this could be grounds for damages but personally, I think it will be a very uphill fight.

i see. but why is that?

Hmm, assuming that the company somehow did not get the consent of the employee, I think it would still be legal for the company to use the recording for training purposes for the following reasons:

 

1. The employee was on company time when the conversation was made and recorded.

2. The conversation itself was part of the employee's duties and functions.

3. The conversation and its recording were made using company equipment, so they are company properties.

4. The recording will be used for a positive purpose - to train and help employees improve their skills

- and not to harrass the recorded employee.

 

Perhaps the employee can request that his/her identity be kept confidential and not be revealed when the recording is played since his/her identity isn't necessary for training purposes. Regarding consent, check the employee manual or other distributed documents to see if recording of client conversations is indicated. If so, this is sufficient to prove employee consent.

what if the employee's identity wasn't kept confidential?

If the company informs the employee that client conversations may or will be recorded then it is legal since the employee is already aware of the recording. Recording client conversations is common nowadays, supposedly to ensure quality service.

i understand that phone recordings are already common nowadays. what im trying to say is that, what if that company uses that particular recording for training purposes as an example of bad customer service without the previous employee's consent? plus...the employee's name is included in that example....

Are you referring to a situation where the company is using/playing a recorded conversation to prove to an employee that the employee provided bad customer service?

let's say, they use that recording during training. they let trainees listen to that recording as an example of things that they shouldn't do.....

Good afternoon sirs. one question, is it legal for a company to use a recorded conversation with a client as an example of, let's say, bad customer service or anything of that sort?

first and most important of all don't lick your lips, use lip balm or petroleum jelly (to moisten your lips especially the corner) as often as needed maybe 5 or more times a day.

 

Wait for the crack to heal completely and minimize opening your mouth (if you can) you can use povidone iodine mouthwash to paint the crack (5 x a day)

 

if after a week you don't see any improvement please see your ENT-HNS doctor for consult.

thank you! i'll try this then. I just hope this solves it. again, thanks! peace!

I'm not sure if my concern belongs to this thread, so MODS please put this in the right one if necessary.

I hope pros can help in my little concern. I have windburns, the corners of my lips get cut evrytime i open my mouth wide. is there any good medication for this? TIA!

IMHO as long as you didn't sign a contrct with your previous company that prohibits you from working in the same line of business, then you can do so legally. Morally, it's up to you.

i understand. thank you.

Do you mean a non-competition clause in a contract? Can you be more specific?

i don't know if it's the same, but here's the issue...

I used to work in an american company, BPO. it's a sales oriented company and i was in the sales dept. for the past few years, i was able to build my own book of business. last may 19, i resigned from the company, and now, i'm planning to work for another company with the same line of business having my original book of business as my client base there. can i do that???

i need help ASAP!

can anyone here educate me about the non compete law here in the philippines??? thanks!

a friend's text to me...

"what you did today was very moving. i hope i can make you feel better. the kindness you show to those who need it is really a gift. always remember that you always have a good heart eversince. whatever it is that you're going through, God is with you. im just here too..." :cry:

I was right, you're someone other people can only just dream of. I never asked you to return any favor for me......all I wanted was your presence, and nothing more than that. I know I'm not suppose to be like this....but yes, it hurts. It hurts more than I expected. i love you Dindin.... :cry:

mga bosing! may sogo ba along commonwealth??

The Labor Code applies to all kinds of private companies doing business in the Philippines. It does not apply to employees of government corporations. One last thing, if an employee is forced to resign, he can also file a complaint for Illegal Dismissal under "constructive dismissal". A resignation should be voluntary. It must not be dictated or required by the company.

i understand....thank you so much for shedding light!!! i really appreciate it!

more power!!!

The law gives an employer the right to terminate the services of its employees to obviate or to minimize business losses. This right, however, may not be exercised arbitrarily or whimsically. Article 283 of the Labor Code lays down the conditions for the exercise of right, thus:

 

"Art. 283. Closure of establishment and reduction of personnel. � The employer may also terminate the employment of any employee due to the installation of labor saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor saving devices or redundancy, the worker affected thereby shall be entitled to separation pay equivalent to at least his one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year."

 

The requisites for valid retrenchment under the foregoing provision are:

 

(1) necessity of the retrenchment to prevent losses and proof of such losses;

 

(2) written notice to the employees and to the Department of Labor and Employment at least one month prior to the intended date of retrenchment; and

 

(3) payment of separation pay equivalent to one month pay or at least 1/2 month pay for every year of service, whichever is higher.

 

 

Hence, written notice to the affected employee as well as separation pay are a must. If your company does not follow the above requirements, the affected employee can file a case for Illegal Dismissal with the National Labor Relations Commission. One more thing, forcing an employee to resign is a way to circumvent the requirements of retrenchment. Resignation is not advisable for you will be deemed to have waived your separation pay.

thanks for the heads up....this will be very helpful.

does this apply to all kinds of companies, be it private or what not??

hi! i need a little bit more information about employers forcing their employess to resign, separation pays and all that sort from you guys.

here's the scenario....i'm currently working in an american company (e-commerce company) located somwhere here in ortigas. during the beginning of this year, we had a meeting with our CEO about the comapny, not letting go of any emplyoees this year. this comapny actually has a very good reputation of terminating employees without any due process and all that.

ok, the real story begins here:

after the big meeting, in a couple of days, the management decided to let go 20% of our support team. and i believe it is because we are very much affected by the US recession. those who were terminated were asked to leave and settle all the paperworks within the day. the next day after this, we (sales dept) had another meeting with our CEO to clarify all the issues. looking at the brighter side of this big turn of events, our CEO said that the sales dept will be safe from retrenchment since we are the bread and butter of the company.

during the past few weeks, another big turn has happend. quite a good number of sales people were forced to resign and as per the management, these are the ones with the poorest performance. one thing that concerns me is that, as per all these who got relieved, they won't receive any backpay...i mean, they will still receive a small amount but what is actually due for them won't be given.

sorry for all the lack of info coz im not really good in writing, specially for the ones as long as this.

so...my question would be:

1) is there any law about due processes for termination and separation pays??

mga veterans! meron bang sogo dito sa north na may saradong garahe?? puro walk in kasi nakikita kong sogo e....tulong naman mg sir!!! TIA!!!

yung maarte, pa-sossy, poor hygene, malandi, vain, walang sense kausap, feeling maganda, bastos magsalita, maingay.....

love has taught me to just let things happen...do your part, still. just do whatever you feel like doing and take the risk.....in the end, the lessons you've learned from those actions will tell you whether if you did the right thing or not.....

an ex told me this: you're my dream come true.....

ang bibilis nyo nmn mgdrive!!! :upside:

ako 140km/h gamit yung revo ng friend ko pauwi ng manila galing EK.

someone whom i recently fell inlove with told me this......"i've just been so preoccupied lately....that's all." i feel so sorry for myself..... :cry:

imma love my own!! honda for me fo sho!!! :thumbsupsmiley:

HCP! wla bang car group mtc??