toilet breaks in call center

Nagtratrabaho ako sa isang call center sa ngayon at pang limang call center ko na ito for the last 7 years. Way back 2010 sa aux or breaks namin may option for personal break na ginagamit kapag nag CR ka which has a limit of 3 in an 8-hour shift with a duration of 2 mins each. Pero kalaunan inalis eto in most call centers na pinagtrabahuan ko or the option was disabled or greyed out sa avaya. My team leader said this has never been allowed in my current call center and logging out to do this is considered an unauthorized log out and subject to disciplinary action. Ang problema ko po ay may sakit ako sa bladder and kapag sinusumpong ako ng aking UTI I have the urge to urinate frequently na mahirap pigilan and really bothers me that I can't concentrate in my calls. May break naman kami na 15 mins break (paid) approximately 2 to 2.5 hours after start of shift, then lunch of 1 hour after another 2 hours (unpaid) and another 15 mins break (paid) after another 2 hours. But the urge can happen even after 30 mins that I urinated during my break. I drink a lot of water while on call because I was advised to do so by doctor to drink plenty of water at nakakauhaw naman talaga ang magsalita ka 2 hours straight. Is this a violation of my rights or of occupational safety and health?
Please help me on what should I do to avoid being terminated for this reason but at the same time not jeopardizing my health.

find another job-- that job is dehumanizing

wala naman kasi tatanggap pa sa akin na trabaho kasi medyo matanda na ako (late forties) na ok ang sahod dito sa probinsya namin

These are the things na nahuhulog sa "grey area" simply because there are no specific laws on how to be human. Yan kasing mga yan, considered common sense kaya hindi na nilalagay sa batas na kelangang payagan mag banyo ang mga empleyado. Since hindi yan specific, at walang ganyang nakalagay, akala ng ibang mga tao na pwede mong iregulate or ipagbawal, hence the rule in your center.

My advice is, let it take its course. Kung gusto ka nilang i memo dahil sa pag banyo mo, you will be given a chance to respond naman. What you can probably do is, as demoralizing as it sounds and as early as now, manghingi ka ng note mo sa doctor mo na ganyan talaga ang condition mo. Minsan kasi mangmang din yung TL at walang common sense kaya kelangan ng mga ganyang kasulatan. Pag tinuloy pa rin yung memo, hamo lang. hanggat umabot sa termination, dun ka lang magkakaroon ng habol.

Now kung ayaw mo ng ganung hassle, hanap ka na ng ibang trabaho. Pwede rin naman sa ibang call center kung meron. And walang masamang itanong mo agad sa interviewer kung may ganyan silang policy at i discuss mo sa kanila na the reason you are leaving the other company is precisely because of the fact na ayaw kang pagbanyuhin.

Hoep this helps.

daniell1938 wrote:Nagtratrabaho ako sa isang call center sa ngayon at pang limang call center ko na ito for the last 7 years. Way back 2010 sa aux or breaks namin may option for personal break na ginagamit kapag nag CR ka which has a limit of 3 in an 8-hour shift with a duration of 2 mins each. Pero kalaunan inalis eto in most call centers na pinagtrabahuan ko or the option was disabled or greyed out sa avaya. My team leader said this has never been allowed in my current call center and logging out to do this is considered an unauthorized log out and subject to disciplinary action. Ang problema ko po ay may sakit ako sa bladder and kapag sinusumpong ako ng aking UTI I have the urge to urinate frequently na mahirap pigilan and really bothers me that I can't concentrate in my calls. May break naman kami na 15 mins break (paid) approximately 2 to 2.5 hours after start of shift, then lunch of 1 hour after another 2 hours (unpaid) and another 15 mins break (paid) after another 2 hours. But the urge can happen even after 30 mins that I urinated during my break. I drink a lot of water while on call because I was advised to do so by doctor to drink plenty of water at nakakauhaw naman talaga ang magsalita ka 2 hours straight. Is this a violation of my rights or of occupational safety and health?
Please help me on what should I do to avoid being terminated for this reason but at the same time not jeopardizing my health.

You can write a letter addressed to your HR and request for an exemption for such rule on account of your present health condition.  Attached the copy of your medical report and your doctor's recommendation.  

Should your HR denies your request, remind them of the standards that an employer must observe as contained in the Occupational Safety and Health Standards issued by the Department of Labor and Employment (DOLE).  Have the letter received by your HR and keep a copy for future reference.

Under Rule 1005 of the said Standards, one of the duties of the Employer is to furnish his workers a place of employment free from hazardous conditions that are causing or are likely to cause death, illness or physical harm to his workers.  It is likewise incumbent upon the employer to comply with the requirements of the Standards.

In addition, under Rule 1965.01, it shall be the duty of every employer to establish in his workplace occupational, health services to provide a healthful place of work and adopt and implement a comprehensive health program for his workers, among others.

In the event your employer still fails to grant you an exemption, report them to DOLE to trigger an inspection.  Complaints lodge with DOLE are treated with utmost confidentiality so do not be afraid to give them a call and file a complaint.

It is reassuring to know that the objective of the Standard is to protect every workingman against the dangers of injury, sickness or death through safe and healthful working conditions, thereby assuring the conservation of valuable manpower resources and the prevention of loss or damage to lives and properties, consistent with national development goals and with the State's commitment for the total development of every worker as a complete human being.

It was likewise formulated in compliance with the constitutional mandate to safeguard the worker’s social and economic well-being as well as his physical safety and health.


Good luck and God Bless!!!

Thanks to all your comments. I already seek advice from an HR friend although not officially that what if I present a medical certificate of my condition can it can be accommodated that all my quick pee break will be deducted to my overall 30 mins break for the whole shift. But he advised me that its less likely to be accommodated because if that is my medical condition then I would be assessed as not physically fit to work. Is this legal?

Thanks to all your comments. I already seek advice from an HR friend although not officially that what if I present a medical certificate of my condition can it can be accommodated that all my quick pee break will be deducted to my overall 30 mins break for the whole shift. But he advised me that its less likely to be accommodated because if that is my medical condition then I would be assessed as not physically fit to work. Is this legal?

It's not for HR to determine whether you are physically fit to work as this is within the purview of your company physician, if there be any. Otherwise, you're doctor's recommendation that you are fit to work will be given much weight.  It is expected that your company will require you to be examined by another doctor of its own chosing and if the latter issues a certificate that you are not fit to work, it will use this recommendation.

But don't worry you are not without recourse, you can dispute that findings and insist on your doctor's fit to work order or ask that a third doctor, chosen by both of you, be commissioned to finally settle the issue of whether or not you are fit to work.

In addition, if your track record shows that despite your frequent urination, your work was not affected or your sales, for example, have not declined or miserably suffered then for all intents and purposes you are physically fit for the job.

As stated above, it is your employer's duty to provide a workplace free from hazardous condition that will likely to cause illness.  Urination is a natural response of the body. If you employer will not allow you to answer a call of nature, then it is not providing a healthful work environment in violation of its duties under the Standards.

To shorten your agony, write a letter to your HR as earlier advised and see how will they response to your letter. It would help if you will mention the Standards required of the employer discussed above.

Thank you very much for the advice. I will go to my doctor tomorrow so I can have another ultrasound test so I can provide them an updated test result of my condition.