Philippine Labor Code

[philslawdude]

Practice your rights :)

[philslawdude]

With the present explosion of outsourcing business in the philippines, many women are just starting their work schedule in call centers and other business process outsourcing (BPO) companies when most of us are already crawling into bed. Women who work at night starting at 10:00 in evening until 6:00 in the morning, the following day, are working on night-shift or graveyard shift. Techically, there is a prohibition under our Labor Code (Article 130) prohibiting women, regardless of age, from working at night, with or without compensation.


But the Secretary of Labor may also grant exemption from this work prohibition pursuant to Article 131 of the Labor Code. The grounds for exemption stated under the Labor Code, are: (a)In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety; (b) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer; (c) Where the work is necessary to prevent serious loss of perishable goods; (d) Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services; (e) Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers; (f) Where the women employees are immediate members of the family operating the establishment or undertaking; and (g) Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate regulations.

Call Center and BPO companies may apply for exemption from this work prohibition by writing a letter request directly to the Secretary of Labor, stating the appropriate grounds for requesting for an exemption. The Secretary of Labor usually grants the exemption provided that the requesting company provides the facilities and conditions which will ensure the safety and health of their women employees, such as: separate toilet and lavatories and at least a dressing room for women, sleeping quarters, a nursery and mandatory benefits (both for male and female workers) such as health insurance and transportation allowance. This is on top of the mandatory benefits such as night-shift differential, premium pay, and holiday pay.

According to my sources in the Department of Labor and Employment (DOLE), there are a number of outsourcing companies out there who are permitting their women employees to work at night without the required exemption - and the DOLE people are just waiting for the right time to make a surprise inspection in the premises of these companies. Well, if we have to be strict about it, outsourcing companies who are already permitting their women employees to work on night-shift without the required exemption from the Secretary of Labor are operating illegally.

(taken from: http://gtalawphil.com/wordpress/?p=11#more-11)

[philslawdude]

ART. 113. Wage deduction - No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except:
(a) In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance;
(b) For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and
(c) In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment.

[Mhixxgirl]

hello!

May kilala ako sa call center na nung araw na regular na sya sa company na dapat nag start na binibigay yung raise nya, March pa dapat, hindi naman naibigay sa mga sumunod na sahod nya. Nung last payday, nakuha nya na yung adjustment for that pay period lang.

Question: Di ba dapat may may retro sila na makuha para dun sa mga buwan na hindi nabigay yung raise nila?

[pinkbubbles]

un adjustment ng pay niya should start from the time na na-regular siya. he/she can ask for a payroll adjustment for the period na hindi binigay un pay niya. pwede nya to icoordinate sa supervisor niya or directly with the hr

[pinoynetwit]

Most common violations whenever I get to meet my lawyer friends who work in the BPO industry:

1. Immediate termination of an employee for circumstances that initially deserve a warning...like personal surfing and chatting while at work.

2. Imposing unrealistic performance metrics and using it as a basis for terminating an employee instead of transferring the employee to an easier project.

3. Non-remiitance of SSS, PAG-IBIG and Philhealth contributions.

ALAM ko kung sinu-sinong mga institution iyan hikhihkhihkhhihk.

Ano na kaya nangyari sa okray gang? hellooooo nasan na kayo!!!!!

[Leif_Erikson]

Pray tell, in what BPO companies do your lawyer friends work? Baka pwede ako diyan! :)

[philslawdude]

ART. 83. Normal hours of work. - The normal hours of work of any employee shall not exceed eight (8) hours a day.

ART. 87. Overtime work. - Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.

[paige4]

sus mas angat nga sa benepisyo kaysa sa karamihan sa mga employers sa pinas ang mga BPO

syempre meron talaga pasaway pero ang dapat sigurong batas na ipasa ng kongreso ay yung exemption ng night differential sa tax, kasi kakaibang hirap talaga ang trabaho sa gabi. minsan min 10% na nga lang binibigay na night diff may kaltas pang tax

laki ng kontibusyon ng mga manggagawa ng call center sa ekonomiya ng bayang ito, sana naman bigyang karampatang pagkilala

[hangman]

Question

June 12 is a legal Holiday

If I dont report on that day, my company (a call center firm of course) will deduct one day from my earned leave credits

is their action Legal?

aren't they suppose to pay me even if I dont report to work on a Legal Holiday

[philslawdude]

Question

June 12 is a legal Holiday

If I dont report on that day, my company (a call center firm of course) will deduct one day from my earned leave credits

is their action Legal?

aren't they suppose to pay me even if I dont report to work on a Legal Holiday

ART. 94. Right to holiday pay. - (a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishments regularly employing less than ten (10) workers;
(b) The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and

(c) As used in this Article, "holiday" includes: New Year’s Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, the fourth of July, the thirtieth of November, the twenty-fifth and thirtieth of December and the day designated by law for holding a general election.




The concept is, your employer has the right to request for you to report for work granted that you shall be paid twice your daily rate however if you don't come in on that day you're not entitled to the "double pay" benefit, you'd still be paid your regular rate for that day however they may deduct your absence from your sick leave credits.

(Go to this site for further info: http://www.chanrobles.com/legal4labor2.htm#BOOK%20III)

TIP: Confirm with HR/FINANCE/PAYROLL if they'd pay their employees double for coming in that day or if you'd still be paid if for instance you won't be able to make it for work on that day. If what they'd say is contrary to what is written in the Labor Code then it's best that you seek legal advise so you'd enjoy the privileges that are rightfully yours. *okay*

[kaningbrown]

June 12 is not a legal holiday. June 11 is.

[InBkgd]

i know a call center that deducts 20 pesos per minute from the agents salary if they go on overbreak.

this is more than the amount that the agent earns per minute.

this is to penalize them for going overbreak.

this system is illegal right?

[philslawdude]

i know a call center that deducts 20 pesos per minute from the agents salary if they go on overbreak.

this is more than the amount that the agent earns per minute.

this is to penalize them for going overbreak.

this system is illegal right?

reposting :D

ART. 113. Wage deduction - No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except:
(a) In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance;
(b) For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and
(c) In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment.

[_Reversed_]

i have a question. paano yung mga call center agents na biglang pinaalis na kahit binigyan ng warning pero walang suspension? is this legal? andami ko kasing nakilala na ganito ginawa sa kanila. sabi ng boss nila e sinusunod lang daw ang company rules pero ganun ba dapat, though considering na regular employees sila. di naman theft or grave yung offenses na nagawa nila na pwede silang maalis ng ganun na lang.

[jc5215583]

my contract ended Feb9 with ACS but i continued working there till march 2.

feb 27, i signed a contract with another call center and started training immediately.

When i was processing my clearance, it was stated there that my contract ended March 2 but i never signed any renewal of my contract.

is this legal?

I checked my SSS contributions online and no contributions was entered from my previous company.

i haven't talked to my previous employer about this matter.

is it possible that they entered it to a different SSS # or is it possible that i own 2 SSS#?

can i take legal actions?
\
thanks.

[Leif_Erikson]

Pinoynetwit, when you said "my lawyer friends working in the BPO industry", where you referring to lawyers working as legal counsel for call center companies, or as call center agents?

[KnightofLetran]

@Philslawdude or pinoynetwit

This is somewhat off topic since the company that I would be referring to is not a cc.

I have an application at PAGCOR for a finance related position (counting of money). I have a civil service pro eligibility and I'm done with the interviews.

I was able to pass all of their medical exams except for one thing. They have a beef with my allergy (allergic rhinitis). I have indicated that on my past illnesses since birth (sorethroat, Hfever, thypoid) in my personal info.

at the onset, they did not find any findings about my allergy.i just indicated it on my personal info.They just blew it out of proportion!

Isn't that a bit overkill/discriminatory? Since having an allergy is not that contagious.In my opinion it's just a petty thing. Also how can you pass the med. exam, if for example, it's in your genes?

Hoping for your reply.

[nizze]

i know that the standard night diff is 10%, and anyone that works from 10pm till 5am or 6am is entitled for the night differential pay.

my question is, what part of the labor law is the night differential (and schedule it covers) stated?

is the night diff only for call center peeps? or regardless of the job, for as long as they work between 10pm and 6am?

please give me the link. thanks.

[opinoynated]

SCREW the labor code. Sobrang dami ng "rights" that it discourages employers from hiring more people. Also it cuts back on employer mobility.

Too much regulations = less employment.

[iyah-kin]

pwede ba ihold yung employment mo pag nalaman mo na pregnant ka weeks after you signed the contract?

[Aces_21]

guys! remember when we had a lot of factories here in the Phils?

well, reklamo sila ng reklamo, strike ng strike hangang ayun halos maubos na mga factories dito! *** iba pa eh napasukan ng mga communist groups.!

do u want that to happen here in our industry? tsk tsk! kaya sana walang gumawa ng union sa call center! initial salary natin palang eh inabot ng 10 years ang iba para lang makakuha ng ganung sahod!

[opinoynated]

Sinabi mo pa! Can't agree with you more.

If the a holes who want to over regulate and let the labor code shackle the ICT/BPO industry get their way, WALA NG TRABAHO sa CC industry in 10 years.


guys! remember when we had a lot of factories here in the Phils?

well, reklamo sila ng reklamo, strike ng strike hangang ayun halos maubos na mga factories dito! *** iba pa eh napasukan ng mga communist groups.!

do u want that to happen here in our industry? tsk tsk! kaya sana walang gumawa ng union sa call center! initial salary natin palang eh inabot ng 10 years ang iba para lang makakuha ng ganung sahod!

[yakisobaaa]

puwede ba na mag-file lang ng complaint sa DOLE pero di na kailangan pumunta ng hearing? kasi may work na ako ngayon. gusto ko lang ireklamo former company ko dahil iniipit ang backpay ko at ayaw pirmahan ng boss ko dati. wala syang karapatan dahil para sa akin talaga yung backpay na yun. ayoko na sana ng abala pero sobra na yung ginagawa sa akin. hinayaan ko na yung dating ginawa sa akin tapos ngayon haharangan clearance ko! kapal talaga ng a**hole na yun!

[todjikid]

CONVERGYS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I was suppose to file for a salary loan because my uncle met an accident. Ayun, I don;t have enough contribution kasi ang hinayupak na convergys hindi nag-remit ng contributions ko...Kasuhan ko kaya to sa NLRC. I have all my payslips with me. I was with them last 2004, for more than 6 mos.

[catsupsistah]

how about bpo's who gives out mandatory OT without pay? as in sisigaw sa floor ng, "guy's you're not going anywhere until you've finished your bucket" .pag late ka kahit 1 minute may bawas ka sa salary, pero mag extend ka ng 1 or 2 hours, thank you lang? actually, hindi pa nga nag te thank you yung mga magaling na sup...

[Precious84]

catsupsistah, naging issue ko yan sa isang sikat na BPO na dati kong pinagtrabahuhan sa PBCom. The OTs are not mandatory pero may blackmail na kasama kapag hindi ka nag-OT. Imagine, I come to work at 5:15am and start making calls at 5:30am only for me to go home at 7:30pm dahil I can't finish my list of calls to make within 8 hours. di na nga ako umaalis sa cubicle ko for my 30 min. breaks at dun na ako sa cubicle naglalunch. yung blackmail is all about the list of calls not made na makecarry over sa list mo the next day. ang dahilan nila? bakit yung ibang agents, ang bilis matapos kahit mas marami pa ang nasa list nila. hellooooo kumusta naman ang quality at ang leeway for a learning curve.

wala silang OT pay. naging dahilan yung araw-araw kong more than 12 hours a day para manghina ang resistensya ko pati evening law school ko napabayaan ko. nagagalit na nga ang dad ko. gusto niya akong mag-file ng kaso. di ko na lang itinuloy. buti napirata ako :rotflmao: