Diminution of Benefits

MagandangAraw po, may gusto lang po ako sana itanong. Ako po'y 3 taon na po nagtatrabaho sa isang multinational na kompanya. Nitong Mayo po, tinanggalan po ako ng allowances ng aking kompanya at sinabihan na yung department di na po mag eexist. Nilipat po ako sa ibang grupo na wala ng allowance.
Pede po ba gawin sakin yun? Nagaaply po ako ng trabaho sa particular na department na yun as sales and marketing manager.
Ang nakalagay po sa akin offer sheet at kontrata na pinirmahan ay ang inclusion ng allowance.

Ano po maadvice nyo?

try to find similar cases within the company. Remember as a manager, all they have to substantiate to terminate you is loss of trust or confidence, in you or your abilities, kaya be careful before filing a complaint.

Para lang mas ma-intindihan yung situation. Sa contract P30,000 per month + P5,000 allowance. Now P30,000. per month nalang. Tama ba?

yes po. Ganun na nga po. DI ba binding yung pinirmahan namin nuon? Kinonvince ako nuon ng HR na halos pareho na yung recennt pay ko with my previous company. That's why nag sign ako sa kanila. Tapos tatanggalan pa ako. Tama po ba yun?

There are similar cases pero some of them hindi yun yung offer sheet nila nun pumasok sila sa company

read your contract and other policies also.
pwedeng ang allowance ay nakatali sa uri ng trabaho o department at hindi sa tao mismo.
so pag nalipat sa iba, talagang tatanggalin yung allowance.

so kung dati ang sales ay may allowance, dahil wala ka na sa ganung department pwedeng mawala yun.

I read my contract, na kasama allowances for the position na inapplyan ko which was used to leverage my employment.  DI po ba dapat tinanung muna ako? Ala ba ko right to refuse of transfer?

Yung HR namin pa nag padala ng excel file of what I will be getting for the next 5 years. In good faith ko tinaggap na parang accumulation siya nun previous salary ko.

Thanks for your input, kanino po kaya ako pedeng lumapit?

Just want to make it clear sir.

So if you sign with a company with all the attractive benefits and allowances, it can easily remove from you even without a memo or at least a talk before they remove it?

Don't you have a right to refuse of transfer if you will jeopardize your employment contract?

Do I have a case?

Ang allowance kasama sa position.

So kung nag-iba ka ng position dahil nalipat ka ng trabaho o department, then pwedeng matanggal yun.

And hindi ka pwedeng tumanggi dahil merong karapatan ang management na maglipat ng tao kung saan nila kakailanganin.

Ganun po ba? Hindi po ako nagiba ng position. Andun pa din actually yun pinagapplyan ko department or we called it business unit.

Sinabihan na lang ako na wala "kunwari". Di po ba dapat malinaw na yung pinakita na kikitain ko for the next 5 years which ginawan pa nila ng comparison thru excel to attract me before I sign is binding?

The contract stipulates that I have those as a benefits and my reasons why I signed with them?

How does the non-diminution of benefits can protect me?

thanks

Naalala ko our Lawyer once said, if the employee enjoyed the benefits consistently for example within a year the benefits should a permanent otherwise it will be diminution of benefits.

CaseLogic wrote:Naalala ko our Lawyer once said, if the employee enjoyed the benefits consistently for example within a year the benefits should a permanent otherwise it will be diminution of benefits.

If everything remains the same yes but consider a sales agent with monthly travel allowance to augment his expenses in visiting potential clients. Hes gets transferred to the training department. management can remove the allowance.

I have quite a similar case. Please advise if may laban ako dito.

I'm with this company for over 5 years and one of the benefits is car plan. My boss (manager of our department) had an argument with our president so he dissolved the department and moved us to a smaller department. HR manager told me that I have to be aligned with my manager because hindi pwede na i-retain nila ako as officer sa isang department na walang manager. In reality, they just changed the title of my position yet I have bigger responsibilities and workloads now but the thing is.. they removed the Car Plan benefit. HR clearly said that it is not a demotion. It is a lateral transfer and company alignment. It is management's decision.

my friends say that it is like illegal to do that.. they mentioned about this non diminution of benefits.
I already resigned and now rendering 30 days before I completely leave the company. But i am planning to file legal case if malakas laban ko dito. Please advise. Thank you!

Did you availed the car plan benefit in your previous department (you were receiving additional monthly payment to pay for the amortization of the car) and was this removed from you upon your transfer to the new department? if so, you have a big chance with the case for you are shouldering a financial burden that was supposed to be paid by the company and the diminution of benefit can be clearly seen.

However, if you did not availed it, what's the use of filing it in court, you'll only be wasting time and money hiring lawyers, attending hearings, disrupting your work schedule in your new company.

In the end the HR of your company might just say the benefit is still there and you did not availed it and there is no formal documents stating you cannot avail the car plan benefit.