Regularization Allowance

Hi Atty's / Sirs / Madam,

just need your help on my issue. I'm currently employed and on my 6 1/2 months so technically i'm already regularized by default.

I just receive my employee evaluation form today and it's stated that i'm already regularized.

however, HR told me that regularization allowance will not take effect until further notice because it's performance based?

Is this legal? the contract that i signed stated that - upon regularization i will receive an additional 5000 regularization allowance on top of my basic salary and they want me to sign the form immediately which is decline and told them i need to review it first

what can you advice on my next step of action?

thank you in advanced. God bless!

Assuming that that your contract states so (WITHOUT QUALIFICATIONS), I believe you are entitled to the allowance from the moment you got regularized. Just to be sure, check again your contract.

HrDude wrote:Assuming that that your contract states so (WITHOUT QUALIFICATIONS), I believe you are entitled to the allowance from the moment you got regularized. Just to be sure, check again your contract.

I did sir and it's really stated there that i'm entitled to additional 5 thousand upon regularization. do i have the right NOT to sign the performance evaluation for regularization since it does not state there that i will have the allowance? can i use this as grounds for labor complaint?

mishael032409 wrote:

HrDude wrote:Assuming that that your contract states so (WITHOUT QUALIFICATIONS), I believe you are entitled to the allowance from the moment you got regularized. Just to be sure, check again your contract.

I did sir and it's really stated there that i'm entitled to additional 5 thousand upon regularization. do i have the right NOT to sign the performance evaluation for regularization since it does not state there that i will have the allowance? can i use this as grounds for labor complaint?

Yes. In any document which you may find questionable, you may decline signing it. In this instance, this reason is enough for you to decline affixing your signature.

As stated before, if your contract states no qualification/s, you may file a complaint.

Thank you sir. i already talked to HR and escalated this matter. She just said she will talk to the CEO and will get back to me. though she didnt give any timeline.

on this kind of matter, if this will take long without and outcome, what is the right process of raising this to DOLE or NLRC?

do i have to let my employer know that i will do this process or i can just go directly to NLRC without them knowing?

i believe i dont have to resign in this process so i still have the full rights?

Thank you and God bless

UP!

mishael032409 wrote:UP!

What do you mean by 'UP'?

mishael032409 wrote:Thank you sir. i already talked to HR and escalated this matter. She just said she will talk to the CEO and will get back to me. though she didnt give any timeline.

on this kind of matter, if this will take long without and outcome, what is the right process of raising this to DOLE or NLRC?

do i have to let my employer know that i will do this process or i can just go directly to NLRC without them knowing?

i believe i dont have to resign in this process so i still have the full rights?

Thank you and God bless

- what is the right process of raising this to DOLE or NLRC?

Go to any of their office and talk to them. That's the process.

- do i have to let my employer know that i will do this process or i can just go directly to NLRC without them knowing?

Whatever you want.

- i believe i dont have to resign in this process so i still have the full rights?

Is this a question or a statement?

Thank you sir

- i believe i dont have to resign in this process so i still have the full rights?

This is a question sir, when i escalate this to NLRC, i should not resign?

what are the things / evidence i need when i go to NLRC?