Demotion after suspension

Nag wowork po kami sa isang BPO
nahuli po ng company yung team mate nmn na gumgawa ng fraud tpos nadamay po kmi dahil ngbbigyan kami ng benta sa team ang sabi ng management it constitutes cheating daw kahit wla nmang memo about dun and sales practice na sya for around 3 years tapos bigla po nila sinabi na bawal yun tapos na suspend po kami ng 5 days w/c is yun ang nkalagay sa write up namin after 5 days nung bumalik kami nilipat kami bigla ng ibang line of business tapos nbawasan kami ng LOB allowance na 4K dahil wla nm LOB sa department na yun ang reason nila sa transfer eh were threatened the account base on what had happened daw skathey don't trust us anymore daw. Meron cla nahuli na 2 pa nag bbgyan din ng benta pero nandun pa din sa LOB na yun at dinedelay pa nila hearing at hanggang ngayon nandun pa din sa LOB na yun. Ng constitute po ba to ng demotion or form ng constructive dismissal dahil oppress na kami at hinahanpan kami ng mga fault sa gingawa namin at yung isang ksama namin binigyan ulit ng suspension on different ground na naman call avoidance. Salamat po.

Pwedeng grounds to ngcontructive dismissal. Meron b due process or hearin bgo kayo ntransfer? Cheating doesnt need to be written rules , its assumed

wla po due process dahil after suspension bigla na lang kami nilipat kinausap lang kami ng OM naming tpos if we will not follow daw insubordination daw yun we had talk to HR they are insisting na management prerogative daw yun at sinasabi nila na we are threatening the account daw samantalang yung ibang agent na nahuli nila nandun pa feb pa nila binigyan ng corrective action hanggang ngayon la pa hearing.

ok po but we already serve the suspension and we have signatures coming from the agents na its a practice na and also we have signature coming from one of the trainor na ngyyari talaga even our supervisor advise us to give sale to our back up tech so that it will help there metrics

U have a case.go to hr department.but still they are right to protect the business not on expenseof ur pay.but if that is not in ur basic pay u can not complain. Alsi di pwedeng isama angibang co employee sa reason

Meron pa po kami iba concern na if management is telling us that we are cheating in terms of giving of sales. Trained po kami to cheat customers dahil kapag tumawag yung customer kahit isang button lang I press para gumana yung computer gngawan po namin ng problem ska gumagamit kmi ng software para kunwari ipakita sa customer na marami sila problem.

That cant be used vs them.

how about manipulation of metrics and KPI wherein sale was suddenly doubled ex 320 on the first month and 640 on the next month

and also lets say your profile is account A but your taking calls on account B can we use that thank you so much

is there any labor code po ba about oppression sa employee

Is this constructive dismissal po or demotion kung ngwowork pa rin kami kya lng grabe yung oppression po sa min

Nung nilipat kami ng ibang LOB or line of business inalis sa amin ang allowance naming 4k, even if meron kaming letter of protest and signed by one of the Operations manager.can we use it against them?

pumunta napo kami ng NLRC at gumawa po sila ng letter to invite people from the management and HR kaya lang po di sila sumipot..nag try din po kaming ibigay ito sa isang Operations manager pero di nya ito tinanggap..

GerdZ wrote:Nung nilipat kami ng ibang LOB or line of business inalis sa amin ang allowance naming 4k, even if meron kaming letter of protest and signed by one of the Operations manager.can we use it against them?

Generally sa BPO, ang allowance ay naka-tali sa LOB, hindi sa tao.

So pag umalis o nalipat ka ng account/LOB, mawawala talaga ang allowance.

Yes we know but if the management transfer you to a different LOB with different skill set and you are the top performer of the LOB you already serve the suspension for 5 days and transfer is not included on the write up. I think there should be a due process and there is really something at the back of there mind.

Example:

Two days later, she was transferred to a position in the Legal Department which was practically non-existing and was not for the skills she was hired. So she protested her transfer through a letter where she cited her accomplishments and informed the company that she would continue as head of the Pensions Department. Thereafter she received a memo that her car loan benefit application was deferred considering her employment status. Later on December 16, 1998, while she was on sick leave, the company transferred the offices of the Pensions Department to another building. Then on December 18, 1998, the President issued a memo appointing her replacement in the Department. It was only at that time that Annie learned that as early as August 23, 1998 the company had already advertised for her replacement.

Example:

Yes. Transfer to be valid must not be motivated by discrimination, made in bad faith or effected as a form of punishment or demotion without sufficient cause. Discrimination is the unequal treatment of employees; the failure to treat all persons equally when no reasonable distinction can be found between those favored and those not favored. Bad faith is a state of mind affirmatively operating with furtive design or with some motive of self interest or ill will for an ulterior purpose. It implies a conscious and intentional design to do a wrongful act for a dishonest purpose or moral obliquity.

GerdZ wrote:Yes we know but if the management transfer you to a different LOB with different skill set and you are the top performer of the LOB you already serve the suspension for 5 days and transfer is not included on the write up. I think there should be a due process and there is really something at the back of there mind.

There is no need for the transfer to be included in the write up to make it valid.

Generally, if the client wants you out of their program because of what any violation you did, then the company will really have to transfer you - otherwise they lose the client.

That is really what theyre telling us that we are threatening the company because of what happened but that is a shallow excuse because of the following reasons:

1. Client and customer doesn't have any email complaining about sharing of sales
2. Same account but different LOB and the said LOB has options to access client emails
3. Agents that has the same offense is still on the same LOB worst case there ranks are even promoted on that LOB
4. Company has many accounts that are ramping skill set of agent is not for the LOB

We re done talking to the labor arbiter today and our atty ask us to give our demands to the company the demand is separation pay and back pay 1 mo x yrs of service ska yung back pay tama po ba yun dapt po ba sila maghandle ng atty fees na ksama sa demand namin. Meron po ba kami dapat eh demand na iba kc dun s part ng ksama nmn parang mababa lng po. Please help po.