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?