MTC HRD Thread

[priest_2002ph]

Need your opinion here.

 

a company Nurse will be terminated because according to management, they are streamlining / cost saving & redundancy daw. Now the catch is, new set of nurses ang dadating kaso "outsourced" lang, subcon kumbaga.... question is...... is this legal?

Edited June 14, 2006 by priest_2002ph

[praetorian gigolo]

To HR gurus here... should i resign or not? how to do it gracefully if i decided to resign

 

scenario is this... I am head of software division of accounting department. My program extends to the purchasing department.

Our company has an IT department in charge of hardware outside accounting.

IT dept messed up and cannot finish configurations on time thus my network is also messed up since I just operate as a sub-domain.

Purchasing manager gets mad and confronts them. IT department puts blame on me and makes excuses.

(IT manager by the way is the nephew of the Purchasing manager)

Most IT techs envy me. (reasons: faster promotion, bigger salary)

Purchasing manager not techie, thus explaining is futile.

 

the fact is... i cannot make the software application run because the computer is not running and I dont have security clearance to configure them...

[shox]

question po: is it legal to REQUIRE employees to work 10 hours (8am to 6pm) a day (monday to friday)?

a friend of mine wasn't told about the company's required working hours during the interviews so he assumed it was the usual 9 hours (8 for work and 1 for break) and he just learned about the required 10 hours during the orientation. he resigned after the first day at work because of this.

[Tokoy]

To HR gurus here... should i resign or not? how to do it gracefully if i decided to resign

 

scenario is this... I am head of software division of accounting department. My program extends to the purchasing department.

Our company has an IT department in charge of hardware outside accounting.

IT dept messed up and cannot finish configurations on time thus my network is also messed up since I just operate as a sub-domain.

Purchasing manager gets mad and confronts them. IT department puts blame on me and makes excuses.

(IT manager by the way is the nephew of the Purchasing manager)

Most IT techs envy me. (reasons: faster promotion, bigger salary)

Purchasing manager not techie, thus explaining is futile.

 

the fact is... i cannot make the software application run because the computer is not running and I dont have security clearance to configure them...

 

you can do either both things but consider the consequence. if you ask me, i will NOT resign. the fact is you're not the source of the problem. if management would like to look into the situation and make analysis, they would definitely free you from the situation. i think that you're mess up because of the existing office culture that you have and giving them (these people pestering you) a chance to affect you and eventually lead you to resignation would allow them to continue practicing their antics. i would suggest that you make a formal report to the higher management indicating the constraints that you have right now and also be sure that you are promptly and consistently doing your job as describe. quitting your job is not the solution to this problem.

[Tokoy]

question po: is it legal to REQUIRE employees to work 10 hours (8am to 6pm) a day (monday to friday)?

a friend of mine wasn't told about the company's required working hours during the interviews so he assumed it was the usual 9 hours (8 for work and 1 for break) and he just learned about the required 10 hours during the orientation. he resigned after the first day at work because of this.

 

when i was still in the Philippines, i was handling an HR department and we were so strict about 8 hours work and the payment of overtime in excess to it. it's the law. your friend could see a representative from DOLE with his/her timecard and file a complain.

[jackowel04]

Anybody who can help me out? I need to sign a contract in singapore, but my problem is, may bonding ako sa company for 1 year. Ano po ba ang dapat ko gawin, yung training kc ay provided ng supplier pati ang airfare and hotel sa abroad during my visit. Only allowance lang ang sagot ng ofc namin. somebody who can advice me? I need this new job! tnx

Edited July 27, 2006 by jackowel04

[council]

it's a take-it-or-leave-in type of contract.

since they will spend a lot for you, they will want to make sure that they will get their money's worth.

[agentjackbauer]

I made this post on the legal thread. I think its relevant here as well. Just wanted to share this tidbit on non-compete clauses/agreements which I believe is common nowadays especially in the call center industry.

 

Petitioner Rivera was an employee of Solidbank who availed of the company's retirement package and received the net amount of P963,619.28. Upon availment thereof, he was required to sign an Undertaking which stated thus:

 

"… I hereby expressly undertake that I will not seek employment with any competitor bank or financial institution within one (1) year from 28 February 1995."

 

At the time of his retirement, Rivera was the Manager of the Credit Investigation and Appraisal Division of the Consumer's Banking Group. On May 1, 1995, despite his Undertaking, Rivera was employed by Equitable as its own Manager of the Credit Investigation and Appraisal Division of the Consumer's Banking Group.

 

Solidbank sued Rivera for Sum of Money with a Prayer for Writ of Preliminary Attachment. On summary judgment, the trial court ruled in favor of the bank. The Court of Appeals affirmed the ruling in substance. It ruled that the contract was valid and constituted the law between the parties.

 

The SC found the petition meritorious but remanded the same to the trial court for reception of evidence. The SC made the following relevant rulings:

 

(1) "The issue as to whether the post-retirement competitive employment ban incorporated in the Undertaking is against public policy is a genuine issue of fact requiring the parties to present evidence to support their respective claims."

 

(2) "On the face of the Undertaking, the post-retirement competitive employment ban is unreasonable because it has no geographical limits; Rivera is barred from accepting any kind of employment in any competitive bank within the proscribed period. Although the period of one year may appear reasonable, the matter of whether the restriction is reasonable or unreasonable cannot be ascertained with finality solely from the terms and conditions of the Undertaking or even in tandem with the Release, Waiver and Quitclaim.

 

(3) The employer must establish that a restrictive covenant barring an employee from accepting a competitive employment after retirement or resignation is not unreasonable or oppressive, or in undue or unreasonable restraint of trade. The employer must show that the restriction is reasonable and not greater than necessary to protect the employer's business interests.

 

(4) The determination of reasonableness is made on the particular facts and circumstances of each case. Thus, the courts must have before it evidence relating to the legitimate interests of the employer which might be protected in terms of time, space and the types of activity proscribed.

 

(5) In determining whether or not the contract is reasonable, the trial court should consider the following factors: (a) whether the covenant protects a legitimate business interest of the employer; ( whether the covenant creates an undue burden on the employee; c ) whether the covenant is injurious to the public welfare; (d) whether the time and territorial limitations contained in the covenant are reasonable; and (e) whether the restraint is reasonable from the standpoint of public policy.

 

(6) There is a distinction between restrictive covenants barring an employee from accepting a post-employment competitive employment (restraint on trade in employment contracts) and restraints on post-retirement in pension and retirement plans (contracts which provide that an employee who accepts post-retirement competitive employment will forfeit retirement benefits. The strong weight of authority is that forfeitures for engaging in subsequent competitive employment included in pension and retirement plans are valid even though unrestricted in time or geography.

[mr_kindred23]

Ask ko lang..once na pinamedical na u..is this mean that you got the job? well they texted me informing that i passed their interview and scheduled for medical..i went there for medical na..kaso may mga dental requirement and other medical things to complete pa me...hmm nkalagay na pre-employee? what do you mean by pre-employee?..sorry kc la talaga me alam..mdyo awkward magaskd abt this.. and this will be my first job just incase kac..sa call center kasi ito..di kasi malinaw kung inoofer na yung job?....pero pina memedical na nila me..but wla pa contract offer or other completion of requirements? but once na pina medical .. is this mean that i got the job?pls help..do tell me ano ba procedure/sign paginoofer na yung job?

[bong_aa_2000]

good day HR gurus!

 

if you have any referrals for OPERATIONS MANAGER, SALES MANAGER, SALES SUPERVISOR, SUPPLY CHAIN MANAGER & FINANCE MANAGER who is willing to be assigned anywhere in the Philippines as long as the PACKAGE is good & career advancement is assured, please send ur email to bong_aa_2000@yahoo.com.

 

Application will be strictly confidential.

 

Thanks & God Bless!

[ask me _*wink]

Can someone help me with this pleaseee... Coz our HR really dont make sense...

 

Iam with a small BPO (Business Processing Outsourcing) Company in Ortigas, recently they have informend me

that my account will be pulling out na, I have been with the account for a year already and Iam a regular employee

of the company. They also informend me that they dont have account for me at that time kase they only listen to the

suggestions of one of the Devil Manager dito :evil: Therefore my position will be hanging so they decided to retrench me

na lang. For me it was fine, I was looking into moving forward na rin naman. So everything was settled, they even gave me

a good seperation package considering 1 year pa lang ako with them. The thing is 2 weeks before my leaving the president of the company talked to me, she mentioned they have an account for me. I did not say YES immediately since I already have good leads on my pending application. And after giving it much thought a week before my last day with them, I informed them that if iam still considered for the positon I would gladly work with them again. She replied that yes iam very much being consired but the thing is they havent really closed the deal yet. And asking me to just "hang in there" mmm.. I wondered what that meant??

 

 

Now the questions:

 

1. How long should I wait, how long should "I hang in there"? Is asking for a timeline to much from my part?

 

2. I mentioned they gave me a very good seperation pay computation, since I might be starting with a new project with them will I be able to get it?? ( admit it everyone needs money.. hihihi :boo: )

 

3. Since I might be considred as a re-hire, can I ask for salary adjustments since my asking was not naman given in the first place and it figures did not move naman even if I was regularized.

 

Thanks in advance to those who can help me on this one if you want you can PM me po

[council]

Ask ko lang..once na pinamedical na u..is this mean that you got the job? well they texted me informing that i passed their interview and scheduled for medical..i went there for medical na..kaso may mga dental requirement and other medical things to complete pa me...hmm nkalagay na pre-employee? what do you mean by pre-employee?..sorry kc la talaga me alam..mdyo awkward magaskd abt this.. and this will be my first job just incase kac..sa call center kasi ito..di kasi malinaw kung inoofer na yung job?....pero pina memedical na nila me..but wla pa contract offer or other completion of requirements? but once na pina medical .. is this mean that i got the job?pls help..do tell me ano ba procedure/sign paginoofer na yung job?

 

You must be referring to "pre-employment" requirements.

 

A medical exam is not a guarantee of a job. That's because you won't be hired if you fail the medical (ie, you have contagious disease, or your medical condition prevents you from working in the position offered.)

 

The only sure way of getting the job is after you have signed that employment contract/offer.

[mr_kindred23]

You must be referring to "pre-employment" requirements.

 

A medical exam is not a guarantee of a job. That's because you won't be hired if you fail the medical (ie, you have contagious disease, or your medical condition prevents you from working in the position offered.)

 

The only sure way of getting the job is after you have signed that employment contract/offer.

 

oic..thanks for the info...it's a pre-employment requirements nga po..sorry for my ignorance....just incase that i've pass my medical exam...what would be next? another set of interview? or completion of requirements(like sss,nbi clearance..etc)?? Also honstly worried me sa med exam ko...kc the company doctor advice me to have a hepa..something test on my private doctor...this coming week ko pa malalaman yung result frm a private hospital(instead of private doc)..dam gumastos me ng 1000+ for the test..shoot...tapos failed lang me sa med exam(just incase)..wtf...im sorry but sir..kindly share some info on how you got your job? i mean what are the things that you did before they offer you the contract?? thanks in adv :mtc:

[mr_kindred23]

also what do you mean by "pre-employment" ? ano ba ginagawa dito? training and orientationn ba ito? do we get paid for this?assurance ba ito that you'll have the job or you gonna get another set of interview or exam?

[Tokoy]

also what do you mean by "pre-employment" ? ano ba ginagawa dito? training and orientationn ba ito? do we get paid for this?assurance ba ito that you'll have the job or you gonna get another set of interview or exam?

 

Good Day!

 

Pre-employment refers to the activities prior to your hiring, you can also call this as the step before hiring. This is done when an applicant has passed all the evaluations i.e. interview and examination wether theoritical or practical.

 

What are pre-employment activities? These includes but not limited to background check and physical examination because some companies have other programs for this effect. When an applicant passed this stage, he or she would be given an employment offer by the company. This is the part when an applicant would review the rate offered and if agreeable would be signing a contract. Once an applicant signed the contract he or she would become an employee and would undergo a series of training that includes company and job orientation which are paid.

 

Thanks.