MTC HRD Thread

[council]

question ko ay what other compensation can I give my employees instead of the night diff, or how do I circumvent this night diff altogether?

 

What other types of compensation are you considering? Either way, you will be spending some amount. Unfortunately, there is no alternative provided for this.

 

Art. 86. Night shift differential. Every employee shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning.

[Dr Love]

The labor code provides that a Certificate of Employment shall be given to any employee who request for it regardless whether he/she is an active employee or not. Its your right to demand for it. As for a COC, you can show your new employer a copy of your payslip or your ITR (BIR form 2316) which reflects your compensation.

 

Hope that helps!

 

question, humihingi ako ng certificate of employment sa dati ko na company and ayaw nila magbigay. certificate of clearance lang daw ang maibibigay nila at ang certificate of employment daw ay para lang sa mga active employee. is this true? kasi both COE and COC ang hinihingi sakin ng new employer ko. hindi ko po ma provide yung COE.

[Tokoy]

I once worked in a call center. Malaking issue at that time ang night differential ng mga employees. Luckily may night diff naman at that time when I was still at the company. Pati ang HR office agree sa amin na dapat lang na may night diff, and pinagtanggol pa kami sa management. Ang main reason namin was "nasa Labor Code". So we (employees) enjoyed our night diff.

 

According to the government website, night differential pay is described as:

 

B. Minimum Night Shift Pay

 

* Every employee is entitled to a night shift differential or night shift pay of not less than ten percent (10%) of his regular wage for each hour of work performed between 10:00 o'clock in the evening and 6:00 o'clock in the morning.

* If overtime work or work in excess of eight (8) hours falls within the aforesaid period, premiums for overtime work should first be integrated into the regular hourly rate of the employee before computing night shift pay.

however..

 

Now that I am running a BPO company problema na ang night diff na yan. Gusto ko tangalin ang night differential na yan since ang regular work hours ng mga personnel ko is during our client's working hours, particularly at night. tindi kasi ng percentage para salary eh.. +10%.

 

I know the side of the employee and know the main reason that it is in the Labor code. However, the labor code was not designed with BPO graveyard shifts in mind. malulugi ang BPO companies dahil sa night diff na yan. Aside from the night diff ay ang holiday pay, since ang work ng BPO industry follows the client's calendar. Mahirap ang magpa force leave; also another issue in my previous company.

 

question ko ay what other compensation can I give my employees instead of the night diff, or how do I circumvent this night diff altogether?

*to the moderators, I don't know if I should have posted this in the Politics and Current Events section since this involves a debate of the Labor Law. If I was mistaken in posting it here at the HR thread please transfer this accordingly. Thank you.

 

my only advice to you is to avoid circumventing the law until there is a definite update about ND.

[Tokoy]

question lang mga HR peeps:

 

"Are consultants/contractual employees subject to overtime pay? "

 

Consultants per se are not overtime eligible. Contractual employees are. What's the difference? Here are the key element:

 

1. Consultants performs a specific project for a specific period of time. They are contract binded however the company who hires them doesnt have the control on their time and attendance.

 

2. Contrary to the consultants, contractuals are subjected to this control.

 

Thanks.

[Dr Love]

question lang mga HR peeps:

 

"Are consultants/contractual employees subject to overtime pay? "

 

If there exist an employee - employer relationship, an employee regardless of the nature of appointment (regular, probationary or contractual) is entiled to overtime pay except if the contractual employee occupy a managerial position since those in such positions are technically paid based on their output/delivery and not by the hour.

 

Technically, a consultant is not an employee of the company as already explained before. Hence, no employee-employer relationship exist.

[tio_pot]

Question:

 

Can an employee who just gave birth just a month ago report to work immediately? May magiging problems ba yun sa SSS?

[Tokoy]

Question:

 

Can an employee who just gave birth just a month ago report to work immediately? May magiging problems ba yun sa SSS?

 

Technically, if the company wont report the matter to SSS this wont be a problem. The fact, SSS is relying on the company to implement part of its procedures. This is the reason why claim documentations have to be official to be honored by SSS.

 

However, this is a big NO for the company to allow employee who had just given birth to report for work. Maternity leave are medical by nature and such requires doctor certification before granted to report back to work.

Edited October 27, 2007 by Tokoy

[tio_pot]

Technically, if the company wont report the matter to SSS this wont be a problem. The fact, SSS is relying on the company to implement part of its procedures. This is the reason why claim documentations have to be official to be honored by SSS.

 

However, this is a big NO for the company to allow employee who had just given birth to report for work. Maternity leave are medical by nature and such requires doctor certification before granted to report back to work.

 

 

Salamat! Salamat!

[chadskitot]

question:

 

my employer doesnt give me my full salary every payday, its always half of less, and they're giving it partially. Can i file a case against them?

[Tokoy]

question:

 

my employer doesnt give me my full salary every payday, its always half of less, and they're giving it partially. Can i file a case against them?

 

If you are receiving half of the salary stated in your contract of employment then definitely you have a case there.

[Dr Love]

question:

 

my employer doesnt give me my full salary every payday, its always half of less, and they're giving it partially. Can i file a case against them?

 

Regardless whether its half or P1 less than what you ought to receive (meaning net of all deductions for SSS, Pagibig, Philhealth abd tax), then you have a case against your employer. :goatee:

[idunno]

How do you go about looking for management level jobs? These are not normally posted on job ad sites or newspaper ads.

 

Do you know of any reputable executive search firms?

[jojo]

i'm planning to file my resignation letter with a 30 day notice.. can i still be terminated eventhough i've already filed a RL? thanks...

[brutus]

i'm planning to file my resignation letter with a 30 day notice.. can i still be terminated eventhough i've already filed a RL? thanks...

 

Yes you can.

 

Filing a resignation letter is just a formality informing your employer of your intentions to leave the company.

 

However, you are still binded by the Company's Code of Ethics or Rules and Regulations until the last day of your employment (the effective date of your resignation)

 

kaya yung plano mong manyakin si Maan o kaya si Al e wag mo ng ituloy

 

hehehehehehehehehehehe!!!!

[tripmate]

can i file my resignation letter with a certain effectivity date even if we had a 30 day notice?

 

also what if they dont allow me to file a resignation letter? do they have the rights to do that?

[jpatricks1]

I worked for a company for almost 3 years. Okay naman at first pero when I got my ITR, turns out wala pa pala kong TIN (it was my first job). Ganun pa rin the next year even though nagpasa naman ako ng tamang forms (new tin application with BIR). Tapos nag check ako sa SSS throughout my career walang na credit na contribution sakin. To make matters worse, during my last months, sobrang liit ng sinahod ko. Lahat pa ng disputes ko sa sweldo di bumalik sakin. Nagkamali sila sakin dati binigyan nila ko commision for 5k less tax so I only got 3.5k. Next cut off dineduct nila sakin yung buong 5k. Sobrang nakakagago pa yung management pero matitiis ko yun if they just paid me right. Nainis ako and I just left the company without filing resignation. What should I expect from my decision? I know it's not the smartest thing to do but di ko na kaya e. Would it be considered as termination na rin? TIA

[yahuidkanu]

Do HRD Personnels really verify the applicant's documents like the the diploma, transcript, and if ever submitted a Certificate of employment do they really call your previous or current employer?

[council]

Do HRD Personnels really verify the applicant's documents like the the diploma, transcript, and if ever submitted a Certificate of employment do they really call your previous or current employer?

 

Yes, these documents are verified, sometimes by a 3rd party investigator.

 

For highly sensitive positions, we contact any or all of the previous employers as the need arises.

[LordJaden]

This is my case naman po. I am working for this particular company for eight years na as bldg. administrator. Now the building im managing was leased out (whole bldg mismo) to a different company. My boss wants to transfer me to his other company and my staff will be absorbed by the new company. The thing is, my boss' other company is kinda notorious especially for the managers, bihira ang nagtatagal talaga. Assuming they will continue my length of service, meaning start ako dun as 8 years na, and then I later resigned eh di wala ako makukuha separation pay di ba? Sayang ang 8 yrs ko. My question now is this. Are they legally bound to pay me my separation pay in case hindi ako pumayag sa offer nila sken to be transferred to his other company? And also my staff na matatagal na din, di ba dapat din nila i-settle muna yun and then chaka nalang sila i=hire ng new company? Parang umiiwas kasi sila sa separation pay kaya nila ginagawa yun eh. What can we do kaya?

 

Tnx po.

[Tokoy]

can i file my resignation letter with a certain effectivity date even if we had a 30 day notice?

 

also what if they dont allow me to file a resignation letter? do they have the rights to do that?

 

yes, however depending on the company some may agree to bypass the 30 day period others wont specially those in a sensitive position that requires proper turnover.

 

your contract of employment has a termination clause, it's either you or the company can terminate the contract of employment. so if you decide to resign certainly the company or your employer cannot stop you from doing it. but take note of the contract if a 30 days notice is enforced.

 

thanks.

[Tokoy]

I worked for a company for almost 3 years. Okay naman at first pero when I got my ITR, turns out wala pa pala kong TIN (it was my first job). Ganun pa rin the next year even though nagpasa naman ako ng tamang forms (new tin application with BIR). Tapos nag check ako sa SSS throughout my career walang na credit na contribution sakin. To make matters worse, during my last months, sobrang liit ng sinahod ko. Lahat pa ng disputes ko sa sweldo di bumalik sakin. Nagkamali sila sakin dati binigyan nila ko commision for 5k less tax so I only got 3.5k. Next cut off dineduct nila sakin yung buong 5k. Sobrang nakakagago pa yung management pero matitiis ko yun if they just paid me right. Nainis ako and I just left the company without filing resignation. What should I expect from my decision? I know it's not the smartest thing to do but di ko na kaya e. Would it be considered as termination na rin? TIA

 

since you left the company already just look for the brighter side of your decision and move on. here's what you can do with your ITR problem if it would crop up again with your new employer.

 

1. make certain that you fill-out all the forms properly with the corresponding attachments. when i was still there the BIR wants everything to be in black ink pen. i had this problem before with my staff that later I found out that she is too busy calling those employees with erroneous applications and/or attachment.

 

2. if everything is okay and still you didnt receive your TIN, then i suggest that you go and see people in your HR or payroll department so you would know the real situation of the application. the problem might be two-way, your employer who failed to send the application on time or BIR wasnt able to generate tax information numbers.

 

SSS on the otherhand, has a different set of requirements. please take note that TIN and SSS number are two separate entities just consult your HR so you would be guided properly. Also, you have to apply for another number for PAG-IBIG and Philhealth. Sounds complicated isn't it?

 

With your decision of leaving without notice. The company has the right to put you on a terminated basis and they may withhold your benefits to include your final pay. Since, this will appear on your 201 file, chances are when you apply for a new job this would come out in the background check. Just prepare in advance.

 

thanks.

[Tokoy]

This is my case naman po. I am working for this particular company for eight years na as bldg. administrator. Now the building im managing was leased out (whole bldg mismo) to a different company. My boss wants to transfer me to his other company and my staff will be absorbed by the new company. The thing is, my boss' other company is kinda notorious especially for the managers, bihira ang nagtatagal talaga. Assuming they will continue my length of service, meaning start ako dun as 8 years na, and then I later resigned eh di wala ako makukuha separation pay di ba? Sayang ang 8 yrs ko. My question now is this. Are they legally bound to pay me my separation pay in case hindi ako pumayag sa offer nila sken to be transferred to his other company? And also my staff na matatagal na din, di ba dapat din nila i-settle muna yun and then chaka nalang sila i=hire ng new company? Parang umiiwas kasi sila sa separation pay kaya nila ginagawa yun eh. What can we do kaya?

 

Tnx po.

 

When you decide to transfer to the sister company kindly make sure that you retain your seniority to include all your benefits. If they decide to start you fresh then negotiate for a better offer then have them pay all compensation due you (separation pay, retirement, leave conversion and other benefits that can be monetarily converted). Are they legally bound to pay you a separation pay? If your company has a separation/retirement plan I believe they are bound to pay you that. Mostly, the vesting period for a separation/retirement is 5 years so with your case you are in a very good situation. If ever, they declare your position as redundant sans the leased out that happen they still have to pay you for that.

 

My gut feeling with your company is that they would want to start everyone fresh. So make sure that you wind up everything properly compensation and other benefits included.

 

thanks.

[laruku]

question lang po... ang Vacation leaves po ba ay imposed by law or priviledge given by a company? if hindi po nagamit yung vacation leave for the year lets sat 15days ang alotted vacation leaves and may natira ka na 10.. is it your right to use it or puwede na convertible to cash? and how about philhealth.. paano po kung wala kayong philhealth/pag-ibig number and binabawasan po kayo sa suweldo? saan po napupunta yung binabawas sa suweldo ninyo? thanks po in advance...

[council]

question lang po... ang Vacation leaves po ba ay imposed by law or priviledge given by a company? if hindi po nagamit yung vacation leave for the year lets sat 15days ang alotted vacation leaves and may natira ka na 10.. is it your right to use it or puwede na convertible to cash?

 

VLs are privileges/benefits from the Company. Strictly speaking, the law only provides for 5 days of Service Incentive Leave.

 

ART. 95. Right to service incentive leave. - (a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay.

 

However, if you are receiving an equivalent or better benefit, then the SIL shall not apply anymore.

 

As to procedure on unused VL, the company, through its policies, has the final say. Some companies convert all unused leaves at year-end. Some allow an accumulation of 30-60 days and have them convertible to cash upon resignation.

 

 

and how about philhealth.. paano po kung wala kayong philhealth/pag-ibig number and binabawasan po kayo sa suweldo? saan po napupunta yung binabawas sa suweldo ninyo? thanks po in advance...

 

They may use your SSS number and/or TIN as reference to have the philhealth or pag-ibig benefit credited to you.

[ice_man5210]

hi, I'd like to inquire on the topic of retrenchment.

 

Is it an easy process to retrench an employee? I've been told that to retrench an employee sometimes leads to labor cases with the company so it's not as easy as some people think to do retrenchment. Also, what sort of severance package should a retrenched employee expect? Is there one?

 

TIA!