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Delayed Performance Evaluation - Is Salary increase Retroactive?

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methusela


Arresto Menor

It is stipulated in my contract that 3 months from commencement of my job, my employer will conduct a performance evaluation to see if they will upgrade my probationary status to a regular employee. Further stipulated in the contract is that upon regularization, a corresponding salary increase will be granted. Also, another stipulation in the contract is that 1 year from date of regularization, a performance review will again be conducted.

My performance review was delayed for 2 months, without any fault on my part and my employer admitted that she simply forgot, thus I was given an increase but the increase is not retroactive. I did not complain and simply let this incident passed.

After a year, no performance review was conducted. I tried to be patient and waited for my superior to evaluate me, however, after a month no evaluation was done. So this time, I emailed my superior and remind her of my evaluation but did not get any response. After a week, I emailed her again and reminding her of my evaluation, but she still waited for 3 more days before she spoke to me. ( I can't talk to her in person as she is in mindanao and I am in manila) She told me that she is already coordinating with the owner and I need to wait. Until now, I still don't have a feedback regarding my request for evaluation.

I want to know if I can demand for a retroactive application of my salary increase just in case they will give me my performance evaluation at the end of the month?

Thanks

attyLLL


moderator

no, there is no legal right to a regular increase

https://www.facebook.com/BPOEmployeeAdvocate/

methusela


Arresto Menor

I do understand that there is no legal right for a regular increase, however, since the time of performance evaluation has been stipulated on the contract, I want to know if i can demand for a retroactive application of the salary increase just in case my employer give me an increase at the end of the month, which is more than 2 months delayed as stipulated on my contract. I am not demanding for an increase. I simply want to know if the increase has retroactive application since my employer is at fault in this situation. (contract stipulates that one year after regularization, a performance evaluation will be given, which will determine if I will receive an increase or not).

attyLLL


moderator

there is no rule that salary increases should be made retroactive unless it is clearly stated in your contract.

https://www.facebook.com/BPOEmployeeAdvocate/

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