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TOPIC: David and Goliath

David and Goliath 3 years 6 months ago #16627

  • Jereleen
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HI Attorney;

I would just like to ask for a free legal advise. I came across this certain Logistics Company, I became their HR Sup for at least 3 months. Ang naobserbahan ko sa kanila, they have a lot of improper labor practices on how they manage their employees:

1. Improper payment of wages and unexplained deductions -- they have employees who were assigned sa sites who have been working their buts out until wee hours in the morning and ang pahinga lang nila is 405 hours then they'd be on the road again. But unfortunately binabawasan ng employer ang Overtimes mas matagal nagtrabaho mas malaki ang bawas (according to them binabwas nila ang mga breaks but according to the employees hndi naman umaabot sa isang oras ang mga breaks na binibigay sa kanila. Aside sa pagbawas sa OT, mali ang computation ng kanilang night differential (they used the usual 10% kahit na the employee worked on a rest day); they do not give the proper computation for the rest day ot beyond 8 hours (the computation should be 1.69% per hour after the employee rendered the 8 hours of their rest day), even holidays they compute it wrong. And there are a lot of employees who complain about deductions na hindi nila alam kung saan nanggagaling or minsan hindi naman dapat nakacharge sa empleyado as per management decision pero pagdating ng payroll, ikakaltas nila. They also do offsetting they would forced the employee to work on holidays/restdays and if the employee did not report on the following day, ginagamit nila ang pinasok ng holiday/rest day in lieu of the attendance for the said day--they do not have to pay restday / holiday -- take note, kahit ayaw ng tao.
2. Improper treatment of employees -- nawitness ko sa knila kung sino pa ang may matataas na posisyon sila pa ang masama ang trato sa mga emleyado (they engage in heated arguments upto the point that they are the ones who provoke employees to a fight). Ang personal kong na-experience sa kanila is gustu nilang immediately magbigay ako ng mga memos on disciplinary action against the employees on damages and incidents even without the supporting incident reports and other document to support the memo, and what's bad about it is ako pa mismo ang pinahahanap nya ng mga documents, they do not want me to ask from the concerned departments or immediate superior ng mga taong tatamaan ng memo (hell even ang mga immediate superiors walang alam about th incidents). And what's even worse is, they tend to force terminate employees, kahit walang enough case against the employee.
3. On pending labor Cases -- Sa kanila ko naintindihan na ang batas sa Pilipinas is talagang nabibili. They have a lot of labor related cases filed against them pero bago pa ang final arbitration, either inaabisuhan ng lawyer ng nagfile ng case to agree with the settlement or biglaang nawawala ang kaso, i mean hindi na tumatakbo ang kaso for some unknown reason. Some would say, may kakilala na bigtime sa NLRC kaya walang record na lumalabas against them. Actually hindi pa naman ganun kalaki ang company to have as much as five labor cases filed against them... Does this mean pati NLRC nabibili na rin ba? Akala ko DOLE lang....

I left them because they are using the HR as their panakip butas to everythng bad that is happening in their company (according to their HR Manager/consutltant, everything can be bought kahit ang labor cases), and they are even proud of what they are doing.

Lumalapit ako sa inyo because naawa ako sa mga taong naagrabyano nila. One of them actually called me and nanghihingi ng tulong, they do not have the money but they are willing to stand by their principles, i really wanted to help them pero wala rin naman akong financial na kakayahan na makatulong, your website was one of the chances sana that they have, that we have. I hope you can help. What can i do to help them?
Last Edit: 3 years 6 months ago by Jereleen. Reason: additional info
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