I still don't have an increase after 6mo being promoted with 18 bond - copy of contract provided after 6mo

Atty

I was selected to be trained from Level1 to Level2 prior the training we had a meeting with the company owner to explain why I'm selected to be trained for higher support. Also had a promised of additional increase that can go from 70$ to 100$ from what I'm getting after 3mo including the training depending on our evaluation. However we have to sign a bond of 18mo.

On the training day it self the HR ask me to sign a training bond that cost 50,000 but as I read the contract the promised increase after 3mo is not included as well.I told to HR rep that I am hesitant to sign it but as told I cant have the promotion if I didn't get the training and since I've been with the company for almost 2years, 3mo waiting for increase wouldn't be that long to trust whats the owner told us.

6mo have passed till now I'm still getting the same basic rate. Sad part every time I ask for it to my manager and to the HR it all they say is they're still waiting for the answer from the owner.

I had a chance to talk to the HR head to ask for my appraisal as well if I'm going to have a retro on my pay since I passed the training and I am already doing the higher support for our account for almost 6mo but It seems that everything falls down on me. Here the transcript of our conversation since that was done through internal company messenger and made sure that I made a print screen and send it to my personal mail. NOTE: I change the NAME to protect myself as well the other party involves.

(12:44 AM) CJS: hi ma'am rxxxxxta and I would like to have a copy of our contract. upon signing kasi the bond of 1 and 6mo we we're advised that that we will have our increase after 3mo of being Level 2 agent and OIC of Petro .. Sadly its already been 6mo and as of the moment we havent heard anyupdate on our appraisal we're still getting the level 1 rate are we going to have a retro in this case?
(12:47 AM) BH-HRhead: Huerta is ready for pick up, thats the only emailed by Exe
(12:48 AM) CJS: ok can I make a request for me to have my copy as we'll?
(12:49 AM) BH-HRhead: ok , Girl will be here by 3pm shes the one handling your 201 file. I'll keep u posted when ready
(12:50 AM) Chrxxui: thanks a lot
(12:50 AM) BH-HRhead: np
(12:51 AM) BH-HRhead: Girl is here now.
(12:52 AM) CJS: but how bout sa appraisal ma'am? we expect that last january and its march now when it was finalized are we going to have a retro on it?
(12:53 AM) BH-HRhead: I will discuss with Tim-Owner, wait I will check if he's available
(12:55 AM) CJS: appreciate it ma'am i'll drop by to your office after my shift 3pm to request for my copy as well with Lady
(1:11 AM) BH-HRhead: Hi
(1:17 AM) BH-HRhead: Had meeting with Tim-OWNER and Finance, Tim-OWNER said that for your concern, he said the verifone will tell if they satisfied with the performance. He also said that this was discussed with WORD-manager before.
(1:33 AM) CJS: would that means that we're still waiting for client's feedback for us to have our appraisal? or in short theres no retro from january that we can expect from what we are doing right now?

------BH-HRhead:= never replied

I highly appreciate your feedback on this. I'm still with the company but lots of opportunity is coming in now a days, in fact its even higher even if they include the 100$ additional increase.

Aside from that I also found out lots of anomaly in my in our policy that directly affects my pay and benefits which I will post separately once I had time. For Example. overtime pay that they charge as regular pay after being absent or using sick leave or rendering suspension. Issuing violation report for using valid sick leave/s. Exchanging your sick leave to remove suspension. And deducting UNSERVED SUSPENSIONS to final pay If we resign.


But I can't resign because I'm aware that I signed in a contract. PLEASE HELP!


THANK YOU!

not sure what you are asking. it will be hard to prove an oral promise of an increase especially if they deny it, and more so now that they have put a condition that the client approves it.

1. Given the situation on the way they ask me sign the contract and the way our contract our made. Can that be qualified as a contract of adhesion? Cause no one in the right mind will take a higher responsibility without getting paid in return right? And the fact I’m hesitant to signed bond because it was abrupt and there’s no part of the contract that states what I get after the program.

2. How come our client overseas will decide our increase? The agreement that I sign is between me and my local company. As of the moment I pass the client requirements and handling higher support for our client for almost 6 months. What if I finish the 18mo and still not get any increase can

3. In a week we are expected 40hrs but if we go absent, sick-leave, or render suspension at their own will and have mandatory or rest day overtime within a week or a cut-off they only compute it in a normal pay. Is that even legal?

4. My company issues a violation report every time we use our SICKLEAVE. Which I opposed as of the moment because for my knowledge SICK LEAVE is an earned benefit.

5. Some of my colleagues already resign and I found out that their final pay was deducted by un-served suspension. I even ask my manager if it’s true and she confirms. Now that I’m considering leaving the company if that happens to me would it be right for me to complain?

6. And lastly, with anomaly of the contract I signed and with the increase that I didn’t get and for dispute and paying regular pay to my overtime pays and wages. Can I terminate my employment even I’m still within the bond and file a case for labor dispute and unfair labor practice?

Your feed back is really important for me as I'm on the Verge of supporting my colleagues that had the same experience and filed a case against my company.

THANK YOU and GOD BLESS!!!

1) i agree that it is a contract of adhesion, but that can still be valid.

2) i'm not saying that it is right, but the management is using it as an excuse.

3) no, undertime cannot be offset by overtime or work on premium days.

4) good idea to put it on record that you contest it

5) yes if there is no valid basis for the suspension

6) if you did not receive any special training, i don't believe the bond should apply, though this is just my opinion. my belief is you have the right to resign with 30 day notice.

Just this morning I spoked directly to the employer together with my manager. And they said that what we expected is due to "misunderstanding" and "misscommunication". He said in front of me that my raise will depend on our clients satisfactory. For the reason they cannot take away what they have given to us if we got the increase after 3mo. My employer also ask me if the 3mo duration is in our contract I explained to him that that is one reason why I am hesitant to sign the contract because that 3mo is not stated and all the expectation they set when they're offering the program was not stipulated including the details of what's in it to me for me or even a shadow of the "significant change" that they stated to me in figures or in benefits when they offer me getting in to the program. He even said to upfront "because that contract is made is to protect us(them)". --- at that point I feel realy doomed I feel like Im cheated the fact I gave my trust to my company. Basically in the end of the discussion I will have the increase once their client decide that they're satisfied with what we are doing with no retro pay.


QUESTIONS:

1. Given the contract that they have is valid eventhough it is adhesive. If I stay just to finish the 18month bond. And then file a complain when I resigned would do you think it will still be valid? As anyone in my shoe wouldnt want to pay them 85k or 50k since reallity I dont have that amount of money to pay them.

2. your answer in my question in this question 6. And lastly, with anomaly of the contract I signed and with the increase that I didn’t get and for dispute and paying regular pay to my overtime pays and wages. Can I terminate my employment even I’m still within the bond and file a case for labor dispute and unfair labor practice?---- 6) if you did not receive any special training, i don't believe the bond should apply, though this is just my opinion. my belief is you have the right to resign with 30 day notice.
---- The training that I got is just 5 weeks and it paid as our normal rate and I've been out of the operation floor for that. That was just done in our company premises and during that 5 weeks they just change my sched to nightshift. The device we support is a device thats not even like a computer where in I can use professionally here in the Philippines as it is a POS device or Cash Register Abroad for gasoline stations. And during the training period the only perks we get is 1 whole pizza for 5 of us in 1st day training worth 500-600 pesos, 1 ballpen, and a notebook in a binder. - Do you think its fair to have bond an 85k training bond and an increase that you'll never know when to get for that?


3. Is it indicated in LABOR CODE that a Private Company/BPO aka CALL CENTER have the rights to make full perogative in setting their COMPANY POLICY? Shouldn't every COMPANY POLICY in what ever nature even CALLCENTERS operating in the PHILIPPINES must Comply in OUR LABOR CODE?


Since Im already talking to my employer I take the liberty of asking him about the 40hours policy that they impose. He said in labor code we do have 6 days working days and 1 day restday. So we set example or scenario on this topic.

Sample 1. in a cut off - If I had 1 ABSENT/RENDER SUSPENSION and 1 Rest Day OT. I will have a VIOLATION for the absent in 1 day and then my RD OT will be paid as NORMAL rate pay.

Sample 2. in a cut off - If I had 1 sickleave and Rest Day OT. I'll get paid with my sickleave and then my RD OT will paid as NORMAL rate pay.

as I checked my contract and stipulate to my employment contract 3 yrs ago. Im expected to render "8hours in a day, 5 days a week, and 2 restday in a week."

Questions:
1. With the SAMPLE I gave do you do you think any of them is LAWFULL because of the 6day working days and 1 day restday?

2. Should that be applicable for probationary only not to us regular employee? Or this shouldn't be applied whether I'm regular or probationary?

3. This issue been without our knowledge we just found-out that my company is already applying that rule eversince and in fact I'm already asking now on how they compute my daily and hourly rate which I believe supposedly my semi-monthly / regular working days per cut-off = my Daily rate
and Daily rate / 8hours = hourly rate..But got no answer. Is It reasonable for me to ask them to pay my overtime? If they declined? Wasn't there a violation in Labor code for deliberately practising this policy?


4. for your answer in my question "5. Some of my colleagues already resign and I found out that their final pay was deducted by un-served suspension. I even ask my manager if it’s true and she confirms. Now that I’m considering leaving the company if that happens to me would it be right for me to complain?" -- YOU SAID : 5) yes if there is no valid basis for the suspension ... just a follow up is suspension due to Absent ism and Late and Sick leave will be included on valid reason of deducting it to the final pay of a formal employee? (personaly I know it is rediculous but I want an answer from an expert like you!)


5. If we raised this issue to DOLE or court perhaps and proven that the company violated not just my labor rights as well my civil right with the way they let me sign that unfair bond. PLUS for deliberately or even indirectly manipulating our wages especially OT pays. What would be the penalty that they must face or be resposible to or to us?

1) there is no legal right to an increase or a promotion per se. your complaint won't prosper unless you can prove that it was already granted, or it was promised and you fulfilled the conditions.

2) IMO, it is not fair. but oftentimes, litigation is not always about what is fair. the other side will assert that you agreed to the figure as damages by signing the contract.

3)companies are free to run their companies as they see fit as long as they do not violate the labor code.

but as i said, absence or undertime on regular day should not be offset by work on a rest or premium day. so yes, you should be entitled to the premium or overtime for working on your RD.

computation of your daily rate depends on the company's factor of number of working days used in computation. it's computed as annual salary divided by number of working days paid.

4)so this is a situation where suspension was imposed but not enforced? it would be unfair to deduct from actual worked days which are included in their rest day. it's the company's fault if they didn't enforce the suspension while the employee was still working.

5) if you report it to dole, i'd consider you lucky if they send someone to visit the company and the company complies. if they refuse to retroact, then you will have to file a complaint at nlrc or dole.