I want the company DOWN!!!

@p3ks626 (6538)
Philippines
September 6, 2010 9:31pm CST
I feel like I want to sue the company where I work for for not respecting our rights as an employee. We dont have any benefits in the company. We cant have a leave if we are sick. We are not paid when we are absent and aside from no payment, we have have a penalty for being absent. We make some suggestions but the boss thinks we have an attitude problem if we do that. In the country's labor law, we are suppose to be given our 13th month pay even if we resign but the company doesnt want to give it to us. We also found out that the taxes deducted in our salary is not our own tax but the company's tax and they are taking the payment from our salary. I dont know what to do now. What should I do? Or what should we do? This is not only my complain but the other people's complaint as well. If we are going to sue, what are the processes?
14 responses
@dapers (51)
7 Sep 10
I don't want the company down, I just need my backwages and tax documents. But I know this one company just outside Eastwood (I know you're from the Philippines), who violates almost every rule in the labor code. I haven't got my backwages three months after I left, and they don't want to communicate with me. I've asked some friends about the matter too. One responded that if I complain at NLRC, it will just drag, and take time and money. If you can work it out with that company without doing some legal things, the better.
@p3ks626 (6538)
• Philippines
7 Sep 10
My company is here in Davao. The best option that we have now is to involve in some legal things. We tried talking to the company about it already but it seems that they really dont care about our complains. The boss who is a foreigner said that "nauuto nya lang mga teachers nya". Is that right for a boss to say? He sounded like we are just Filipinos and that we are easily deceived.
@p3ks626 (6538)
• Philippines
8 Sep 10
One of the employees there who is also my friend quit the job last week and another one they terminated yesterday and I passed my resignation today and the training officer will also resign this month. There are going to be a lot of people who are going to work for it. And we already warned the company that we are serious about making a complaint cause if they wont then they would have to say goodbye to their company.
@dapers (51)
8 Sep 10
If you have the resources (time, money, etc.) to proceed with legal, good. But if you do, please update us on your status. Some people might get inspiration on how to deal with foreigners like that too. (BTW, the president of the company I left is a foreigner too.)
@Sphinx30 (286)
• Philippines
7 Sep 10
Well, your problem is not only your problem. Most of people who works on company had the same problem too but I don't this would help you but I'd like to share it with you. First and foremost - See to it that you are really an employee of that company, I mean there should be an EMPLOYEE-EMPLOYER RELATIONSHIP with you and your company because that is the main requirement when you filed complain to LABOR DEPARTMENT. Second - Try to make inquires to the LABOR DEPARTMENT about all your RIGHTS being an employee, it is the most important note that you should know what are those benefits you are entitled to. Then, gather all the documents that are very important in support of your complain as an evidence. Third - You should be ready yourself, you should have enough energy or efforts to work all this things out because the process takes so much time and there are times the company you've sue will attempt to bribe you or any of your officemates to withdraw such complain, if they see things would not favorable to them. Do not engage yourself to accept such bribed because it would only deprived all your benefits that you can get if you've win the case. About the TAX you can complain them to Bureau of Internal Revenue because such irregularities are punishable under our laws. They really have a BIG PROBLEM with that when B.I.R knows about those irregularities. So, If you've decided to sue them, you MUST be prepared yourself and ask more guidance to an Attorney who would take good care of your case. you should have also enough money to support all the expenses in the proceedings of your case. I hope this would help you a little... GOOD LUCK AND HAVE A NICE DAY! :)
@p3ks626 (6538)
• Philippines
7 Sep 10
As of now, the company havent renewed my contract yet since April this year and they just kept on telling us that our services are just extended. I dont know if that counts as a employee-employer relationship. All I want now is to teach them a lesson. They are being abusive cause nobody complained about this before.
@Sphinx30 (286)
• Philippines
7 Sep 10
Certainly There is NONE Employee-Employer relationship because your status for that company is just Contractual. In that case, the company has no obligation with you except to paid you with your salary, they are not obliged to give some other benefits like 13th month pay and overtime pay. It's there only prerogative if they give you bonus but you can't obliged them. You can only obliged them if you are a permanent employee to that company. And I think you could not complain them not unless there are certain provisions in your contract that are not given to you...
@p3ks626 (6538)
• Philippines
8 Sep 10
But they already made me a regular employee last month. But I dont have a contract yet cause they said that they are still processing it. I dont care about my status now, it doesnt mean they can just take anybody down. They are being abusive and its time to teach them a lesson.
@sunnycool (12714)
• India
7 Sep 10
What makes you to stick in there...you can resign as soon as you get hold of a good job than to sue them.Paying tax from employee's salary is something worse i have heard these days.How come they manage to operate their company with so many lapses in the system.
@p3ks626 (6538)
• Philippines
7 Sep 10
Because nobody dared to make a complaint about this until now. And the company doesnt seem to care. They dont give us our income tax return cause they know that we dont have it. I am planning to quit asap, even if I dont have any job to replace it.
• Philippines
8 Sep 10
Get a lawyer to help you out with the entire process. Labor complaints are first brought for administrative resolution with the labor arbiter. Then just follow the process you'll be told to undergo. =)
@p3ks626 (6538)
• Philippines
8 Sep 10
I talked to the manager today and its seems that he really doesnt want to listen to us. He said that the lawyer of the company said that we are not granted our 13th month pay. But we called the DOLE and they said we are entitled for it. We are giving the company a week to change their minds and if they wont, then we really have to pursue with the complaint.
• Philippines
9 Sep 10
Go on! Our laws are on your side. The proper persons must learn their lessons. We are also under a good administration. You are entitled to statutory benefits, and you will be. =)
@gmnava (31)
• Philippines
7 Sep 10
I understand your situation but let me ask you one thing and this will possibly help us solve your problem. What is your current employment status in the company? Are you a regular, provisionary or contractual employee? If you are a regular employee you are entitled to all the benefits granted by our labor code such as 13th month pay, leave benefits, overtime pay, night shift differential etc. However, if you are a contractual or provisionary employee you are not entitled to the benefits enjoyed by a regular employee except of course by receiving your monthly salary hence if you don't work on a particular day, you will not receive any compensation at all even if you are sick. Always bear in mind, "the principle of no work no pay. Now, assuming you are a regular employee and you are being victimized by this kind of treatment your remedy would be to file a case against your employer for a possible violation of the Labor Code. You can file it before the National Labor Relations Commission but as to tax issue you may seek the help of the Bureau of Internal Revenue.
@p3ks626 (6538)
• Philippines
7 Sep 10
I am already a regualar employee. I will not be complaining about these things if I am not on the right track. The company is really violating a lot of what's in the labor code and i would like to teach them a lesson. About the tax, BIR told us that we cant look into our contributions as individuals but as long as the company is going to request for it then its okay.
@gmnava (31)
• Philippines
17 Sep 10
Since you are a regular employee you can file a case against your company and its president and try to enumerate all its violations. Then after that your case will be raffled to any of the Labor arbiters at the NLRC located in Banawe Q.C.
@pektong (21)
7 Sep 10
You should report that to your Labor department. That company is should be taken down and they are not practicing your labor law. Don't you have any union of employees?
@p3ks626 (6538)
• Philippines
7 Sep 10
I also discovered that having a union of employees is against the company rules. As far as I know, its also in the law that employees are allowed to do that. Our manager is not trained for the position. He was just appointed for that and I dont wonder why he doesnt know anything.
@o0jopak0o (6394)
• Philippines
7 Sep 10
compile your statements, look for a lawyer. he's the one who know what to do.
@p3ks626 (6538)
• Philippines
7 Sep 10
That one I need to have. I also need a very good lawyer who will be able to prove them wrong. I think the company is really abusive and we want to put an end to it. If I am not going to do something about it now, then they are going to have more victims in the future.
@advokatku (4033)
• Indonesia
7 Sep 10
you should immediately collect several other workers who can support and help you plan it. Prepare a written demand to the company to immediately fulfill the basic rights of workers. If the company ignores your demands, report the attitude of company to labor department or sue the company to the Court of Industrial relations
@p3ks626 (6538)
• Philippines
7 Sep 10
Thank you for this information. Me and other co workers are planning to do that. There are 5 among us now who are willing to plan the complaint against our company. All we need to do now is gather information that the company is not respecting our rights. I dont want to go to the company anymore cause its giving me a lot of heartaches.
@bounce58 (17385)
• Canada
7 Sep 10
Sorry to hear that about the place where you work. If you have any other alternatives, I suggest that you quit and look for something else. And if you don't sue, and if you fancy yourself as a writer then you could write to your congressman, mayor or any political figure that would help shed some light to the issue. You could also write to an editor of a local newspaper. It's a way of highlighting these abuses without doing much of the dirty work.
@p3ks626 (6538)
• Philippines
7 Sep 10
The idea about publishing this concern is something that really perked my interest. I hope that whatever it is that I am doing and I am going to do, it will put a stop to what the company is doing.
@laniekins (4579)
• Philippines
7 Sep 10
You should really bring this case into DOLE, this is not right. Are your company a tax payer? do you have SSS? If this company is not register in BIR and SSS and SEC, then they should be punished by the law. If they are registered but not filing your contribution then you can report it to BIR or SSS. But the best way is thru DOLE (Department of Labor & Employment). I know two female employee in the company I've work with, I've heard that they SUE the company and they won, I just don't know how they do it. Mind you, they are simple housewife and they do piece rate jobs. They are now regular worker with doing a little job and far from us. You can ask DOLE information about your complaint.
@p3ks626 (6538)
• Philippines
7 Sep 10
Thanks for telling me that information about what your friend did. The company is deducting an amount of money for SSS, and BIR but I found out that the taxes we pay is for the company tax and not the individual tax. They also declared to DOLE and BIR that the employees receive the same amount of salary even if we dont. There are some of us who are receiving less that what they declared and what they declared is not the amount of salary that is subject to tax.
@gloryacam (5540)
• Philippines
7 Sep 10
Your company is seriously, seriously violating a lot of labor laws, and tax laws as well. You have every right to sue the company. However, it would be hard to do it alone, because the company has a vast resource compared to yours alone. Find a good labor lawyer who will fight for your rights. One who cannot be bought, and have your best interests in mind. He will advice you of the best steps that you should do. Better yet, air out your concerns to the DOLE. It is the agency responsible for keeping labor in check. It is a sad plight that in addition to the hardships of the common people, these capitalists make lives more miserable by exploiting these people.
@p3ks626 (6538)
• Philippines
7 Sep 10
I am planning to do that. I really think that we need to do something about it cause they are not respecting our rights anymore. The owner of the company is a foreigner, he is also an asian. I hate him so much is I am going to win this case, his company would cease from operating. And let's where the Filipino manager should go?
@jennbart (1330)
• Philippines
7 Sep 10
Why not report them to Department of labor instead? Or try reporting them in Media. Suing them is also a good option. But I think it would be better of the Dept of labor knows about this as they can do something about it like revoke their business permit and be charged accordingly for laws they do not follow.
@p3ks626 (6538)
• Philippines
7 Sep 10
I would want the business permit revoked. And that would be my first step, to go to the department of labor and tell them about the situation that we have in the company. If I will do something like that then probably it will be a wake up call for them.
@asxenon (1440)
• Malaysia
7 Sep 10
Yes i think you should gather those people who is also in the same boat with you and to come out with further action to discuss with the company director for compensation. If no action were taken, then you will have to proceed to sue the company. Whether or not the company compensate you all, i think it is best that you leave the company. It is not worth all your hard work working for this kind of company.
@p3ks626 (6538)
• Philippines
7 Sep 10
We already tried talking to the company about this. That's why we resort to legal things cause they wont listen to us. Leaving the company would also be the best option. And I am going to do it asap.
@fherfher (259)
• Philippines
7 Sep 10
I think its a good idea if just resign from that company and get another job. If you really want the company down, why don' go the DOLE to assist you and your other coworker complaint. Did the company issuing you the Income tax Return every end of the year? If not, ask for the ITR and keep your payslip for an evidence, that the company deducting taxes but not remitting it to the BIR. Its your right for the benefits that is in the LABOR code. Try to seek help from the DOLE.
@p3ks626 (6538)
• Philippines
7 Sep 10
Yes! I have been searching for a lot of information in the DOLE about this case. And I am also calling their hotline to tell me what should be dont about this. I am so pissed off already and I cant be patient anymore. I want to teach them a lesson. The company didnt give us any ITR. As far as I know, they are deducting taxes from our salary and paying the tax as a company tax but not our own tax.