Labor Laws for BPO Employees

[bougartt]

Tsikoteers question.

Are our local laws applicable to this industry?

I work in this industry but I work for one of the back office departments. When I was hired 2 years ago, they "promised" that they will never put us in a graveyard shift. They promised we will never have split offs and most importantly they promised that I will only be doing tasks that are WITHIN my scope of work.

After two years, all of those promises have been broken and I have been doing tasks that are not within my scope of work.

Is there any legal action I could take against this company?

Unfortunately all these promises were NOT in writing.

Here's a short list qualms I have with my current employer:
- I was hired as a Communication Skills Trainer but I was forced to handle Product training class WITHOUT ADDITIONAL PAY
- I am required to take calls WEEKLY even if that is not part of my job description
- I also handle highly technical training classes that were not clearly stated in my contract.
- Before I was hired my immediate supervisors promised that we will never be placed on the GY shifts because of my health condition, unfortunately they now require me to go to work during those hours.
- We are part of the "back office" but why do we have to be in the time operations are there.

I'm really sorry that I vented out here it's just that I'd like to hear from you guys if I have something worth complaining to DOLE / NLRC.

Thanks Tsikot Peeps.

[aylab_tungaw]

madali lng yan bro...resign your position. Problem solved.

[fourtheboys96]

madali lng yan bro...resign your position. Problem solved.

I agree unless you'll gain financial in complaining to DOLE or NLRC. Otherwise, ther's no point in staying in your workplace.

[shadow]

tama, if your health is getting in the way of your work vice versa, resign tapos ang usapan di na kailangan ng mumbo jumbo labor laws.

[CVT]

Iyan ang normally nasa "Others" ng iyong JD, bro.

Question on the GraveShift,- are you being paid the night shift differential or not?

I have engineers who are on regular shift, working on various engineering projects for development and product launches. When we have our operations here in the Philippines,- they may be required to temporarily report for night shift, because of urgent requirements requiring their skills and expertise. They get paid for night differential and overtime, as applicable.

Now that our operations is subcontracted outside of the country,- they may be required to travel on short notice to address urgent situations in the line. Plus, if necessary,- report for work at night, again, with corresponding night differential and overtime pay, as applicable.

Same with me,- I may be required to travel on short notice for any urgent requirements, whether in the region or halfway around the globe....

Again, that is the "Others" in our JD.

10.7K:naughty:

[[archie]]

IMO you cant do anything. im no lawyer but i think when the business needs additional support, they can always pull out from other employees that are capable to do the work.

if you cant handle the work load or is getting in the way of health, get out of the company. kasi kung papasok ka pa sa DOLE para reklamo, you might have a hard time looking for a replacement job. makita lang nila record mo, your immediately dismissed kasi baka gawin mo rin sa kanila.

[wowiesy]

Tsikoteers question.


Here's a short list qualms I have with my current employer:
- I was hired as a Communication Skills Trainer but I was forced to handle Product training class WITHOUT ADDITIONAL PAY

2 ways to resolve this, but both with consequences you should seriously think of:
1. if the work you do here is still within the 8 hrs (regular hours), re negotiate your contract for an increase...

2. if the work you do here is beyond the regular 8 hrs, the additional pay you get is the OT... if you want more, go re negotiate your contract...

- I am required to take calls WEEKLY even if that is not part of my job description

this falls under the "Other tasks that may be given from time to time" clause... if you feel strongly about it, then again re negotiate your contract...

- I also handle highly technical training classes that were not clearly stated in my contract.

If you signed a JD with the above mentioned clause (or similar) .. like "Other tasks from time to time.. ".. that forms part of your contract.. not just your contract of appointment per se... so.. if you did sign a JD for that, you can re negotiate your JD...

- Before I was hired my immediate supervisors promised that we will never be placed on the GY shifts because of my health condition, unfortunately they now require me to go to work during those hours.

if you really have a health condition, and this can be vouched by the company doctor, or a specialist.. you can put this in writing na hindi ka puwede mag work ng graveyard due to your condition... you can use that document to present to your management para may basis sila to give in to your request... but may consequences to pag ginawa mo to...

employer din ako.. i also encounter requests for transfers (to different departments or to other shift, etc) from our workers at the factory... if they cite health reasons, i send them to the doctor to establish kung talaga naman may health condition... kung meron papayagan ko.. but very specific.. if the medical certificate states na change shift for 1 month.. 1 month lang.. kung sabi ay until further notice.. i talk to the doctor mismo and find out bakit indefinite.. may program ba for rehab.. or medication or what.. to really establish na legitimate yung reason.. para hindi madaling gayahin ng ibang empleyado for the most trivial reasons... if the doctor says need rest.. papahingahin ko talaga...

in the end, the worker will prioritize.. kung petty talaga reason nya for the request... mas importante yung may trabaho sya kesa sa yung petty reason nya.. pag legit talaga health condition... i also don't want to be the cause kung bakit maging grabe yung condition so okay lang..

- We are part of the "back office" but why do we have to be in the time operations are there.

depends on your line of work.. just because its back office (at least, the way i understand back office).. it doesn't mean na hindi ka dapat graveyard.. for me back office is support for the front office.. so if say you work as a trainor, at may mga new hires or training requirements that can only be done at night, then you have to do night... that is in fulfillment of the "support" nature of your work...

pero kung work mo ay, say.. building administrator to make sure that office furniture, equipment etc are all okay... or purchaser... maybe a case can be made na hindi pupuwede graveyard...

I'm really sorry that I vented out here it's just that I'd like to hear from you guys if I have something worth complaining to DOLE / NLRC.

going to NLRC is the last thing you want to do here.. mas malaki pa sakit ng ulo mo kung gagawin mo yan...

if, after talking to management about renegotiating your contract at di ka pinagbigyan, then it's your call to still continue working under the present conditions or quit and find a job elsewhere... basta susundin mo lang requirement ng kumpanya (kung meron man) about notice before resigning.. baka gayahin mo mga PAL pilots eh hehe...