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

**KrisKros** · May 31st, 2007 03:07 PM

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** · May 31st, 2007 03:57 PM

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** · May 31st, 2007 04:05 PM

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** · May 31st, 2007 04:11 PM

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** · May 31st, 2007 04:12 PM

worth it kaya gagastusin sa legal fees dyan?

**KrisKros** · May 31st, 2007 04:19 PM

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** · May 31st, 2007 04:28 PM

Originally Posted by 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.

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** · May 31st, 2007 04:29 PM

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** · May 31st, 2007 04:37 PM

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** · May 31st, 2007 05:42 PM

Originally Posted by 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.

Originally Posted by 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.

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...