The Labor Code

A drastic measure has been enacted at the office a week ago. The lowest 20 employees basing on a certain metric has been ordered by the site director to be terminated. They are to be terminated regardless of tenureship without any due process. This comes as a joke to me because it seems that I found another boss who doesn’t care about the labor code. Now this site director is an American and I remembered another story on another center where they fired a supervisor without due process because the supervisor in question has not been doing his responsibilities and spends the entire day flirting with his agents. Now the supervisor filed an illegal dismissal and won. That center owed him back pays and had to welcome him back. The management of that company offered to give him separation pay to just leave but he refuses. They then threatened to demote him back to an ordinary agent. The guy accepted and is now working as an agent with a salary of a supervisor (think somewhere between 40k to 50k). The management who authorized the termination of the supervisor? also an American.
It seems that these foreigners ignore the labor law and has been costing their respective company some cash because of labor disputes.
Here are some labor rights that a lot of us might not know:

  • After 6 straight months of working on the company, whether they gave you a regularization memo or not, you are a regular. You are entitled to all rights that a regular employee should have as stated in the labor code
  • A regular employee cannot be terminated for any reason besides criminal acts, redundancy, retrenchment or decline in performance. The last part is disputable as the company had 6 months to asses your capabilities and the law deemed it enough. As for the redundancy, they cannot hire anyone to make you a redundant employee
  • If you are a contractual employee and had worked for 6 straight months on the same contract, then you are a regular employee
  • You can be demoted all they like but they can never reduce your salary. They also cannot put you in a position that is not related to your previous position.
  • If you are a regular employee, your employment status cannot be reverted back to probationary
  • Your former employer cannot give negative feedback about you when they are called by the employer of the company you are applying to

The last part is very hard to enforce as you would need the cooperation of the employer of the company you are applying to but nonetheless it is illegal. So yes, what he* did to a certain guy was illegal. And if my sources are correct, what your board member said to the head of another company about me was also illegal.

*do i need to say who?


About Squared
House of Squared is written by that guy who knows more than the average Duterte supporter, which isn't saying much given that most of them are morons.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: