After checking my signed contract with the company I found out that the sales commission term is not written on it. Being one of the sales team in my company we can receive a commission as long as we closed the deal, hit the 80% monthly quota and get at least 3% margin on it. The accounting dept. will include the sales commission in our payslip after 6-8 months after closing the deal. The commission we can get will be computed based on their Sales Incentive Scheme. By the way HR gave me copy of this incentive scheme upon signing the contract.
The project that I mention was closed September 2018 and I receive the incentive April 2019. Waiting for 7 months I'm expecting to receive almost 1 million commission from that project but they just gave me a merely 5% of it. Now the same project occur again because its a subscription based product and closed it again for the 2nd time. I'm thinking they will do it again giving me lousy reasons for not giving me the correct commission.
Right now I'm looking for another job opportunity before I resign and complaint them to NLRC. Am I doing the right move? Is it possible to settle this if I talk to the HR regarding the issue.
Thanks
Dropping by to give a few cents, though just a disclaimer that this isn't conclusive:
1) Was this so-called incentive scheme by your company properly explained to you during your interview/orientation/job offer? If not, do you have evidence to prove they didn't? If you can get that sort of information then you can contest that the terms of employment weren't explained properly to you, therefore you had no actual consent.
2) Keep all your payslips, etc. This will be important to establish that you had an employer-employee relationship, which they may deny by pointing to the terms of your contract. Which brings us to number 3...
3) Keep your signed copy of the contract safe. Look at the terms, particularly your job description. These days, a lot of employers add the term "Manager", "Officer", or "Associate" to a job title not only because these words make it sound snazzy, but also because they'll try to use it later on to claim you're not rank-and-file but rather management. Take solace in the fact that the Labor Arbiter will not fall for those cheap tricks--SC rulings have pointed this out countless times. Only idiots would make (or fall for) those arguments.
I agree with Libertine that this will definitely sour your relations, and even getting a whiff of your plans may make them out to get you. Make sure you're fine losing the job before proceeding, kung segurista ka.
Tibay lang ng loob sir. Magastos at nakakapagod ito for sure though. If you decide to push through, kodos to you for standing up for yourself and helping improve Pinoy labor conditions one case at a time.
Free Legal Advice
in Legal
Posted
Dropping by to give a few cents, though just a disclaimer that this isn't conclusive:
1) Was this so-called incentive scheme by your company properly explained to you during your interview/orientation/job offer? If not, do you have evidence to prove they didn't? If you can get that sort of information then you can contest that the terms of employment weren't explained properly to you, therefore you had no actual consent.
2) Keep all your payslips, etc. This will be important to establish that you had an employer-employee relationship, which they may deny by pointing to the terms of your contract. Which brings us to number 3...
3) Keep your signed copy of the contract safe. Look at the terms, particularly your job description. These days, a lot of employers add the term "Manager", "Officer", or "Associate" to a job title not only because these words make it sound snazzy, but also because they'll try to use it later on to claim you're not rank-and-file but rather management. Take solace in the fact that the Labor Arbiter will not fall for those cheap tricks--SC rulings have pointed this out countless times. Only idiots would make (or fall for) those arguments.
I agree with Libertine that this will definitely sour your relations, and even getting a whiff of your plans may make them out to get you. Make sure you're fine losing the job before proceeding, kung segurista ka.
Tibay lang ng loob sir. Magastos at nakakapagod ito for sure though. If you decide to push through, kodos to you for standing up for yourself and helping improve Pinoy labor conditions one case at a time.