Help!Job only going to pay 1/3 salary for the days the connection was down for 2 week

[KrisKros]

I got a friend. And we're trying to find out if this is legal.For 2 weeks my friend and the other coworkers couldn't work due to T1 connection problems with the call center. They asked if they'll be getting paid a week ago, and the company replied that only 1/3 the salary will be paid during the days the t1 connection was down.

Is this even legal?? What are some actions that we can take to make sure that my friend gets the money the company owes? They weren't notified prior to this..that if there was a connection problems that they'd be getting 1/3 pay. What course of action should we pursue? Thanks.

[niky]

Are they contractual, or regular? We'd need to know if they're getting paid per hour, per diem or per month... if their rate is per diem, and they timed in and out on the days the connection was down, the company is obligated to pay them... it can't pass losses due to technical problems on to its employees. They should have made the employees just go home.

[KrisKros]

They're contractual, after 6 months, they become regular. They're only 5. They sent the employees home and it looks like it will prolong until next week. They haven't been called back to work since the connection when down. WHich is now week 3. They get paid twice a month.

Is being paid 1/3 the salary during the "non work days", staying home due to connection problems by the company a legit compensation? Thanks for your reply.

[russpogi]

AFAIK, hindi pwede yan! Hindi naman kasalan ng employee kung walang internet diba? I suggest that you talk to your lawyers about this and get clarification on the subject. Mahirap na kse legal and most of all, labor issue ito! By the way, sa labor issues, usually the courts favor the employees.

[BlueBimmer]

worth it kaya gagastusin sa legal fees dyan?

[KrisKros]

The contract is monthly payment, and sa contract, nakalagay, they must work 48hrs in a week at least.
It's almost 3 weeks if they prolong it to next week. As of now, we're trying to gather as much information as we can, so that we can present it to the HR dept and to the management. Mahirap na, kasi they weren't given prior notice. And some are working to feed families, pano yan diba? Thanks for the replies everyone.

[artpogi]

I got a friend. And we're trying to find out if this is legal.For 2 weeks my friend and the other coworkers couldn't work due to T1 connection problems with the call center. They asked if they'll be getting paid a week ago, and the company replied that only 1/3 the salary will be paid during the days the t1 connection was down.

Is this even legal?? What are some actions that we can take to make sure that my friend gets the money the company owes? They weren't notified prior to this..that if there was a connection problems that they'd be getting 1/3 pay. What course of action should we pursue? Thanks.

my take is,

if a contract exist between them (your friend) and the company, and in that contract there is a clause that specifically states that they will only be paid partial amount of their salary if there will be technical/connection problems that will result in idle work hours, then the company is right.

But if there is no such clause exists in their contract (if there's a contract at all) then the company should pay the whole amount due the employee regardless if there's a technical a problem which will result in idle work hours.

IMO

[mazdamazda]

Hmmm... that clears it up... may nakalagay naman pala na ganun sa contract.

Pero since hindi naman din sila pumasok while walang work, the 1/3 pay is already a bit OK. Tipid-tipid lang nga muna.

[oldblue]

yup, siguro sacrifice muna kayo to ensure your company's survival.

pero bad trip nga yan, dapat man lang sana yun company has some measure to address problems like that. for example, they can pay full salary even if the T1 is down for a month or two.

most probably, cash-strapped pa yun call center nyo or bago pa lang.

[raves14]

They're contractual, after 6 months, they become regular. They're only 5. They sent the employees home and it looks like it will prolong until next week. They haven't been called back to work since the connection when down. WHich is now week 3. They get paid twice a month.

Is being paid 1/3 the salary during the "non work days", staying home due to connection problems by the company a legit compensation? Thanks for your reply.

The contract is monthly payment, and sa contract, nakalagay, they must work 48hrs in a week at least.
It's almost 3 weeks if they prolong it to next week. As of now, we're trying to gather as much information as we can, so that we can present it to the HR dept and to the management. Mahirap na, kasi they weren't given prior notice. And some are working to feed families, pano yan diba? Thanks for the replies everyone.

Since it's stated in the contract that they must render work for a specified number of hrs in a week or month, then the company has the right not to pay them when their at home. Maybe also the reason why they are sent home.

The concerned contractuals do not have any evidence or proof that they are working during those times na down ang T1 since they are not in the office and hindi sila nakakapag-log in or out.

Nevertheless, it's better to get an opinion from certified labor lawyers para mas ma-weigh nyo ang situation.

From the business point of view, kung down ang T1 link e wala silang kita since it's a call center company and they get paid by the number of calls made or received. Kung walang kita tapos magpasweldo pa ng employee or contractual baka lahat mawalan ng work... Pity they don't have redundant links that could save them in situation like this. Kasi lahat nag-suffer. kawawa rin naman yung mga hindi mabayaran and mawalan ng work ...

My 2 cents... hope this will not offend anyone...

[Altis6453]

I think even if there is a contract provision to this effect, the same would be illegal. The deductions are not attributable to any fault or obligation on the part of the employee to the company.

[bcg27]

I think even if there is a contract provision to this effect, the same would be illegal. The deductions are not attributable to any fault or obligation on the part of the employee to the company.

yup, this is absolutely correct, if this is the fault of employer and not due to fortuitous event (flood, earthquake, etc.) employee's shouldn't be made accountable

[VtEC]

The contract is monthly payment, and sa contract, nakalagay, they must work 48hrs in a week at least.

The company is liable for this.It is clearly indicated on the contract itself, these employees must work atleast 48hrs (minimum) in a week unlike If the contract says they will be paid per day then the company is not obligated to pay them..They could have transferred them to other stations.

[yebo]

how about the principle of "no work no pay"? since the employees did not render any work during the period mentioned, and they were in fact at home and not at the work site, then the company has all the right not to pay them any salary. in fact the company is being very generous paying them 1/3 their salaries staying at home and not doing any productive work for the company.

also, if i were one of those 5 employees, since they are still under the 6 months provisionary stage of employment, i'd just play possum for now and "help" the company go through this trying event. i'll shut my complaining mouth until when they are already permanent employees. the company can just consider them as "troublesome employees" and terminate them now if they complain. if i am their employer that's what i'd do, fire provisionary employees who do not show sympathy for the company's problems. remember that the 6 months provisionary period for employees to become permanent employees is to gauge the employee's competence, trainability, work attitude, and LOYALTY. yeah it sucks. but hey, that's LIFE.

[CVT]

Agree here with yebo. Contractuals and Probys are at the 'mercy' of the employer as the relationship can be terminated anytime on short notice. It's sad, but it's true. It's good that they're being paid 1/3 of their salary,- as it is quite generous in our current time where 'no work; no pay' is the industry dogma. In the meantime, they may probably moonlight to augment their salaries.

I would personally recommend that they just dance with the tune for now and hope that when business picks-up (after the technical issue is settled), then, they'll be the first to be considered for the positions....

These are real tough times....

2801:clap:

[VtEC]

3 weeks is not justifiable.How can you be loyal when you are starving?
aaahhh, capitalist always win this case.Poor employees.Anyway, that still depends on what is really written on that sh#$ of sheet of paper known as contract between the employer and the employee.Goodluck nalang!

[///MPower]

Get a lawyer.

[saint_benidict]

Get a lawyer.

mahirap nga yan, how can you pay your bills etc kung 1/3 lqng ang ibigay sayo.

tama si bossing Mpower, seek a lawyers advice.

[oldblue]

bakit nga ba ganyan ang call center industry? yun bilas ko pumasok sa isang call center dito sa Ortigas emerald.

there were about 50 of them per batch, pinagtrabaho for a week, pina-close sila each ng at least 1 deal sa overseas customer, tapos hindi binayaran and all this under the guise, na trainee lang daw sila at hindi sila nakapasa. add to that they were required to pay P550 each for medical exam.

dapat i-watchout ang ganito klase employers. imagine making a buck out of call center hopefuls. pinagkaperahan na (by closing deals) tapos ni hindi man lang binigyan ng allowance man lang. add to that pumartner pa sa isang clinic for 550 medical exam.

550 x 50 = 27,500 per week. nakalimutan ko na yun pangalan ng kumpanya tatanong ko ulit

[hyperthread]

walang kwenta yung company nung friend mo pre.. dapat during the duration of three weeks naghanap na sya ng work kung walang binding contract between them (kaso lang meron yata?).

Your friend's company should have a contingency plan pag nawalka ang connection... di sila papasa sa ISO nyan.