MTC HRD Thread

[VentureMaker]

What if your business experiences a downturn and you lay off some workers due to redundancy, will you be compelled to rehire them if business becomes good again? Is there is some legal time period wherein they must be rehired instead of looking for a new worker?

[maginoo]

on labor law:

to my understanding, the employer does not violate any articles in the labor law as long as the "benefits" they provide are not less than what is written. it is left to the employers whether they choose to being just and fair with employees.

 

to think that most lawmakers are maintaining businesses of their own and that they are also in a very convenient position to feed their greedy hearts desire using the gavel of the law, it is not surprising that alms received by employees are labeled to read as "benefits".

 

is it easy to imagine receiving "benefits" equivalent to what was written in the labor law while working in a huge corporation?

 

it is not easy to think about our labor law and not puke! (please excuse my manners.)

 

the aim of a true labor law should be one that makes employees getting paid according to the performance of their company.

 

 

on team-building training:

would it be ironic to say that an employee known to have a good reputation as team-player would not attend the team-building training?

 

the team-building training will surely fail should its goals are not made clear to each and every team members. team members may have different roles but they must have common goals. while common goals are clearly defined alright, their roles must also be clearly defined with the aim of having them all work hand in hand.

 

the success of a team-building training also depends in its success in finding common grounds to the following differences:

1. there are team members who are focused in the overall success of the team.

2. there are team members who are focused only in the success of a particular fellow team member?

3. there are team members who are focused only on his own success?

[wormyx]

Good noon to everyone. I'm currently employed in a distributor and importer company. And in our department, we are having a bit problem regarding merchandiser deployed sa mga supermarkets. To shorten my post, may mga merchandisers kaming matatagal na but under agency sila. Maraming beses narin nagchange ng agency ang company namin and sumasama naman itong mga lumang merchandisers. Ang querry lang namin is, magkakaroon ba ng labor issue ang company namin regarding sa mga matatagal ng merchandisers? Pero under agency sila hindi sila directly hired by our company.

[Dr Love]

Good noon to everyone. I'm currently employed in a distributor and importer company. And in our department, we are having a bit problem regarding merchandiser deployed sa mga supermarkets. To shorten my post, may mga merchandisers kaming matatagal na but under agency sila. Maraming beses narin nagchange ng agency ang company namin and sumasama naman itong mga lumang merchandisers. Ang querry lang namin is, magkakaroon ba ng labor issue ang company namin regarding sa mga matatagal ng merchandisers? Pero under agency sila hindi sila directly hired by our company.

 

The practice today and even for the last decade has always been to outsource promodizers to job agencies. This is a legit and cost effective practice since you dont need to worry about having an employee-employer relationship with them. However, the actual procedure or the actual working relationship of your merchandizer and your company's representative who is "supposed" to supervise them will play a big role in determining whether or not there a legal/labor issue is at hand.

 

Under the "legal" system, all supervision of this dizers are still under the agency and not under you. You dont have a right to hire and fire them directly. Its always through the agency. Normally, the agency even maintain their own supervisor so that its their supervisor with whom your supervisor can channel any directive to the dizers. This way, the probability of getting a negative decision against you is minimal. Why do I say that? No matter what you do, everyone can always file a case at the NLRC for contractualization and demand for a regularization.

 

If you have further queries, feel free to PM me.

[Dr Love]

What if your business experiences a downturn and you lay off some workers due to redundancy, will you be compelled to rehire them if business becomes good again? Is there is some legal time period wherein they must be rehired instead of looking for a new worker?

The process of separating employees by redundancy is contained in the labor code under authorized causes (Art 283). Moreover, separating employees by redundancy entails that the employer pay a corresponding separation pay to the worker. Such separation pay is equivalent to 1month salary for every year of service tax free (coz its involuntary). Under this scheme. the employer is required by law to inform DOLE of the redundancy and furnish them with pertinent information regarding the employees affected by it. If you follow all the procedures and the redundancy program is real and above board, there is no problem.

 

An employer is not obligated to "rehire" employees that were separated from the company either by redundancy or retrenchment. The power to rehire is a management prerogative. Moreover, if you rehire an employee, his/her tenure starts at 0 years again unless otherwise stipulated in his employment contract.

[VentureMaker]

Thanks for your response Dr Love. We have two other concerns. The first---is it mandatory when you have to terminate workers for redundancy that you let go of the the least senior first or can you let go of the least efficient? The second is if something important and urgent must be picked up can you require an employee who is not a messenger to do it if the messenger is absent?

[council]

The second is if something important and urgent must be picked up can you require an employee who is not a messenger to do it if the messenger is absent?

 

I'll let Dr. Love answer the first part of your question.

 

As to the other part... Yes, when exigency demands it, any other employee may be required to do any other task as long as it is not morally or legally unacceptable.

[Dr Love]

Thanks for your response Dr Love. We have two other concerns. The first---is it mandatory when you have to terminate workers for redundancy that you let go of the the least senior first or can you let go of the least efficient? The second is if something important and urgent must be picked up can you require an employee who is not a messenger to do it if the messenger is absent?

Good morning!

 

Regarding your 1st question, is it mandatory to have to terminate workers for redundancy under a last in, last out basis, or based on performance. Let me just clarify, you said redundancy, meaning the position is being removed since they are no longer needed. Meaning those employees whose position has been declared redundant will be separated regardless of tenure or performance. If your intent is just to lessen the number of employees, it should be a retrenchment program. under such a program, its management prerogative to determine the schme to use in determining who goes and who stays. Either the LIFO method or the performance based scheme maybe adopted. Personally though, I would prefer to use the latter since what we want to minimize our non-performing employees. But in the end, management has the sole authority to determine who goes and who stays.

 

Regarding your 2nd qestion, Council is right in saying that your boss can ask you to do things not directly stipulated in your job description as long as what is asked of you to do is not against the law or your own CRR. Moreover, this "new or extra" task should be on temporary or interim basis only. If it becomes regular, your job description should be updated. If you want to know what specific clause in your job description this is contained, it's under the grandfather clause which states, "You maybe assigned to perform other task from time to time."

 

Hope that answer your questions. :mtc:

[wormyx]

Thanks for the response.

[VentureMaker]

Thanks, council and Dr Love!

[succubus]

Good Morning!

 

tanong lang po

 

I resigned at hanggang buklas na lang po ako. Im not reallt familiar with HR things. Do I supposed to receive anything?

 

They also asked me to sign this CERTIFICATE OF CLEARANCE and it says-

 

To Whom it May concern:

This is to certify that ________________has/had voluntarily resigned from (name of company/institution) effective ______ as a________ which the company/institution accepted.

It is also certified that the parties hereto have no claim or complaint against each other of whatever nature and therefore absolved each other of any liability whatsoever.

IN WITNESS WHEREOF, the paties hereunto affixed their hands this ____ day of _____, in_______, Philippines

 

 

pasensya na po, gusto ko maliwanagan

 

thank you po

[council]

Good Morning!

 

tanong lang po

 

I resigned at hanggang buklas na lang po ako. Im not reallt familiar with HR things. Do I supposed to receive anything?

 

 

Yes you may be entitled to any or all of the following:

 

1. final salary for the period

2. 13th month pay (pro-rated)

3. tax refund

4. other company benefits as provided for.

 

They also asked me to sign this CERTIFICATE OF CLEARANCE and it says-

 

To Whom it May concern:

This is to certify that ________________has/had voluntarily resigned from (name of company/institution) effective ______ as a________ which the company/institution accepted.

It is also certified that the parties hereto have no claim or complaint against each other of whatever nature and therefore absolved each other of any liability whatsoever.

IN WITNESS WHEREOF, the paties hereunto affixed their hands this ____ day of _____, in_______, Philippines

pasensya na po, gusto ko maliwanagan

 

thank you po

 

This is acceptable but should be signed only after you have received all amounts due you.

[Dr Love]

Hello Nics,

 

Below is basically a Release Waiver and Quitclaim which simply states that both you and your employer has no more claims, financial or otherwise, with each other. Ergo, wala ka ng hahabulin sa kanila at sila din sa iyo.

 

Tama si Council, you are entitled to your final pay and this would normally include the following:

1. Your last salary (coz salary of resigning employees are normally witheld upon submission and acceptance of your resignation)

2. Pro-rated 13th month pay (Your total salary from January 1, 2007 til your last day divided by 12)

3. Tax refund (They would compute how much would be your annual tax payment due based on your total accumulated earnings to date then return to you as refund any amount beyond your tax due)

4. All company mandated benefits (based on your company's benefit policy) such as

- Leave conversion (Pro-rated normally)

- Separation Pay (An amount given to an employee who has served the company atleast n number of years)

 

One last reminder though, dont forget to leave a Special Power of Attorney (SPA) in favor of spawn so he can claim your final pay from your employer since it normally takes an organization 15-30 days after your last day of work to process your clearance and subsequently release your money

 

Good Morning!

 

tanong lang po

 

I resigned at hanggang buklas na lang po ako. Im not reallt familiar with HR things. Do I supposed to receive anything?

 

They also asked me to sign this CERTIFICATE OF CLEARANCE and it says-

 

To Whom it May concern:

This is to certify that ________________has/had voluntarily resigned from (name of company/institution) effective ______ as a________ which the company/institution accepted.

It is also certified that the parties hereto have no claim or complaint against each other of whatever nature and therefore absolved each other of any liability whatsoever.

IN WITNESS WHEREOF, the paties hereunto affixed their hands this ____ day of _____, in_______, Philippines

pasensya na po, gusto ko maliwanagan

 

thank you po

[succubus]

Yes you may be entitled to any or all of the following:

 

1. final salary for the period

2. 13th month pay (pro-rated)

3. tax refund

4. other company benefits as provided for.

This is acceptable but should be signed only after you have received all amounts due you.

thank you very much for your answer

sobrang helpful po sya...nga lang kasi ewan ko kung may alam yung HR namin dito, kasi wala naman

 

Hello Nics,

 

Below is basically a Release Waiver and Quitclaim which simply states that both you and your employer has no more claims, financial or otherwise, with each other. Ergo, wala ka ng hahabulin sa kanila at sila din sa iyo.

 

Tama si Council, you are entitled to your final pay and this would normally include the following:

1. Your last salary (coz salary of resigning employees are normally witheld upon submission and acceptance of your resignation)

2. Pro-rated 13th month pay (Your total salary from January 1, 2007 til your last day divided by 12)

3. Tax refund (They would compute how much would be your annual tax payment due based on your total accumulated earnings to date then return to you as refund any amount beyond your tax due)

4. All company mandated benefits (based on your company's benefit policy) such as

- Leave conversion (Pro-rated normally)

- Separation Pay (An amount given to an employee who has served the company atleast n number of years)

 

One last reminder though, dont forget to leave a Special Power of Attorney (SPA) in favor of spawn so he can claim your final pay from your employer since it normally takes an organization 15-30 days after your last day of work to process your clearance and subsequently release your money

ay ganun po? as in special power of attorney po?

hmmmmm....

 

ithank you po talaga sa mga sagot

[council]

- Separation Pay (An amount given to an employee who has served the company atleast n number of years)

 

This of course is if you have a company retirement plan in place. If not...

 

The only mandatory separation pay is as per Articles 28-284 of the Labor Code (Retrenchment and/or Redundancy) or those falling under REPUBLIC ACT NO. 7641 (RETIREMENT PAY LAW), which provides that:

 

"In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year. "

[bernard_palanca]

Good noon to everyone. I'm currently employed in a distributor and importer company. And in our department, we are having a bit problem regarding merchandiser deployed sa mga supermarkets. To shorten my post, may mga merchandisers kaming matatagal na but under agency sila. Maraming beses narin nagchange ng agency ang company namin and sumasama naman itong mga lumang merchandisers. Ang querry lang namin is, magkakaroon ba ng labor issue ang company namin regarding sa mga matatagal ng merchandisers? Pero under agency sila hindi sila directly hired by our company.

 

Industry practice for the distributions companies and other allied organizations is to hire a third party manpower provider or what we call "agencies". There are two types of employees in this regards, the temporary staff and the project based staff. Tempo staff is being contracted by companies for a short term basis, let say 3-5 months. In the event that event that this temporary staff was still in the company beyond what is stated in the contract, the company has no other choice but to regularized that employee.

 

As for the project based employee, these people are being contracted by companies who has long term projects ranging from 6 months to one year.

 

For both employees they should be covered by the government mandated benefits. But they will not enjoy company benefits.

[walks_the_night_alone]

Quick Q... well 2 of them...

 

Are leave conversions taxable? and...

 

Whats the latest date that your Tax Refund could be released?

[Wyld]

Quick Q... well 2 of them...

 

Are leave conversions taxable? and...

 

Whats the latest date that your Tax Refund could be released?

 

 

In the Philippines income is Annualized - what that means is all your earnings are added up, then a standard exemption (deduction) is applied - this depends on whether you are Single, Head of the Family (number of dependents are also considered) or Married (whether you claim for your children as your dependents would matter too). The amount of tax already withheld from your monthly paycheck will also be deducted from said amount.

 

The amount that remains after the deduction and the tax you have already paid is applied will be your Annual Taxable Income - this is the one that will be taxed based on a tax table provided by the BIR.

 

Release of Tax Refunds will depend on the policy of the company you work for. Where I used to work, we made it a practice that all Tax Refunds be released before the last day for filing of Income Taxes - I suggest you ask HR about this one.

[council]

Quick Q... well 2 of them...

 

Are leave conversions taxable? and...

 

Whats the latest date that your Tax Refund could be released?

 

AFAICR, leave conversions of 10 days or less are tax-free. Those in excess are taxable.

 

By practice in our company, tax refunds are paid out along with the final salary/benefits within 30-60 days from termination of employment.

[Dr Love]

Quick Q... well 2 of them...

 

Are leave conversions taxable? and...

> Vacation Leave up to 10 days is not taxable. Anything beyond is taxable

> Sick Leave is taxable.

 

Whats the latest date that your Tax Refund could be released?

> Normally your income earned for the year is annualized normally during November to enable the employer to adjust accordingly the tax witheld from your income. Seldom do you get a refund except if you change status from single to married or gave birth especially if its during the 3rd or 4th quarter of the year.

> Those who resigned from work during the year especially if one leaves during the 2nd & 3rd quarter are normally given refunds since their income for the year (January til the date of separation) is annualized and the corresponding tax due computed for such income. If the tax witheld is more than the computed tax due, a refund is given to the resigning employee as part of his/her final pay

 

Hope that helps!

[mariejoy]

Good afternoon guys. May question lang ako. Pag nag resign ba ang isang employee at ang effectivity ng resignation is on the 15th, makukuha pa ba nya yun last salary nya on that same date? kasi pay day is every 15th and 30th or she has to wait for 1 month para sa releasing ng last pay and 13th month?

 

tnx

[council]

Good afternoon guys. May question lang ako. Pag nag resign ba ang isang employee at ang effectivity ng resignation is on the 15th, makukuha pa ba nya yun last salary nya on that same date? kasi pay day is every 15th and 30th or she has to wait for 1 month para sa releasing ng last pay and 13th month?

 

tnx

 

no. the employee will have to wait as that amount will be included in the final pay.

[Dr Love]

Good afternoon guys. May question lang ako. Pag nag resign ba ang isang employee at ang effectivity ng resignation is on the 15th, makukuha pa ba nya yun last salary nya on that same date? kasi pay day is every 15th and 30th or she has to wait for 1 month para sa releasing ng last pay and 13th month?

 

tnx

 

No because this salary becomes part of your final pay which is released upon completion of your clearance. Normally this take anywhere from 2weeks to 6 weeks depending on the company procedure/policy on this matter.

[jombratero]

Hi everyone, got a friend who got accepted in Finance Executive of an insurance company. They have a basic salary plus commissions on an accredited bank client who will avail insurances. They will report on a branch of the said bank, and cater to the clients referred. Anybody who has the same work or know someone of the same field? What are the pros and cons of this type of work.... I want to give an advice before she resigns from her current work... Thanks!

[bruiser]

hi people, i do not usually do this but i guess my current situation warrants such so here goes:

 

i currently work in a medium sized commercial bank handling investment research and evaluation. i have been wanting to leave this company since the culture is not really geared towards professionalism but more on patronage politics. there have been a couple of opportunities that came my way but due to bad timing, the opportunities never pushed through. however, there is one financial institution (a medium-sized one as well...) which provided an opportunity for me. i was interviewed by the group head (a VP) 3 weeks ago and from what i have gathered, the feedback on me has been very positive. i am now awaiting for a final interview with the sector head (an EVP) and if i should hurdle that then i am more or less on board.

 

the problem is this, the group head told me that the week immediately following my interview was supposed to be hectic and that they will get back to me with an interview schedule after two weeks. the two weeks lapsed last week and up to today, there is still no call from them regarding the schedule. my inside sources tell me that the sector head has a very tight schedule and it is very hard for them to set a meeting between me and him. while i am comforted by the fact that feedback on me has been good a part of me remains anxious to find out the real score.

 

as such my question is whether it would be adviseable for me to follow up with the group head or remain patient...if i call to follow-up will it affect my application, will the group head be turned off? i actually sent her a text message this morning in the pretense of thanking her for the meeting 3 weeks ago and that i look forward to my meeting with the sector head. but no reply -- i assume that she is busy since wednesday is usually their executive committee meetings.

 

honestly i am looking forward to joining this institution, while they are currently not yet in the best of shape financially, their near-term to long-term prospects are good considering that they already have new investors (foreign investment banks, foreign fund managers and a large european bank) on board as well as a new president and ceo. also, the said bank has a viable long-term direction which they intent on following, that is why they are in the hunt for new people to fortify their ranks...need your advise on this matter please. thanks again