QUEZON City, Philippines (Eagle News Service, May 8) – It is a sad fact that many of our fellow Filipinos who work as ordinary employees faced abuses from their bosses. Of course, the Philippine Constitution provided safeguards for the rights of laborers and the Congress have enacted laws to guarantee that such rights should be upheld.
Of course there are many kinds of complaints, and there are appropriate government agencies to handle each kind. The trick is in knowing where to file your complaint.
In spirit of Labor Day, here’s a guide to help the ordinary employee with a valid complaint concerning his or her employer and other issues.
In cases involving unfair labor practice, termination disputes, as well as wages, pay rates, working hours and other terms and conditions of employment that is accompanied by a reinstatement claim, said complaints or claims should be filed with the Labor Arbiter of the National Labor Relations Commission.
The ordinary employee can also file his or her claims for damages – actual, moral, exemplary or others – provided that such claims arise from an employer-employee relationship with the NLRC as well as claims that are more than 5,000 pesos, regardless if it is accompanied by a claim of reinstatement or not.
The NLRC can also entertain overseas employment disputes and wage distortion cases when there is no collective bargaining agreement.
On the other hand, the various Regional Directors of the Department of Labor and Employment handles complaints involving the enforcement of labor standards, occupational safety and health violations, money claims not exceeding 5, 000 pesos and not accompanied by a reinstatement claim.
The Regional Directors can also handle complaints regarding recovery of wages and other monetary claims and benefits plus legal interest owed to those who were employed as domestic household helpers. Said claims should not exceed 5, 000 pesos and should not be accompanied by a claim of reinstatement.
The Philippine Overseas Employment Administration is the government agency to go to if one has grievances against a recruitment agency. The POEA can cancel or suspend the license of authority to recruit of recruitment agencies. It also handles administrative cases arising out of rules and regulations relating to licensing and registration of recruitment and employment agencies as well as disciplinary actions and special cases involving employers, contracting partners and Filipino migrant workers.
Everybody has rights and the means to defend it with the help of the proper government agencies.
(ENS, written by Jay Paul Carlos, additional research by Aimee Mendoza)
