It's time to make sure your employees know what their rights are. It's hard to believe that a company would fire an employee because they're not legally allowed to work here, but it happens all the time. In fact, many of the most egregious cases of wrongful termination have actually resulted in people taking legal action against their employers with "illegal terminations." What does this mean? It means that, if you get fired for a prohibited reason like having the wrong immigration status or being under age 18, you can sue your employer and win! That salaried position just might be worth more than what you think. When you get fired just because of how they felt about you, how the boss doesn't like you, and all of the things that is emotion-based judgment. If you're fired like that, it's time to find out if you can take legal action against your company.
I have heard of employers firing an employee due to the fact that they have more than one job, the reason being that if the two jobs are paid for by the same employer and performed simultaneously, then it is considered illegal. Is this true?"
Under Federal law, it is a violation of Federal law to require an employee to perform multiple jobs that are paid for by the same employer. Additionally, in many states, an employer is prohibited from limiting the amount of time a person can spend performing one job because doing so would make them appear as though they were working more than one job.
Here in the Philippines, they have what they call, DOLE or Department Of Labor and Employment. DOLE is composed of the Bureau of Working Conditions, the Bureau of Employment Services, the Bureau of Employment Allowances, and the Bureau of Labor Relations. The work that DOLE does is to enforce compliance through labor standards laws, promote productivity and profitability in business enterprises and protect workers and their organizations in this country.
By law, every establishment must have a labor standard compliance certificate (LSC).
The LSC is a form issued by DOLE that states compliance with certain labor standards laws governing all establishments employing 15 or more employees for at least three months. This makes it mandatory for employers to have their LSCs.
Here are the Labor Standards that DOLE enforces in the Philippines:
1. Overtime Pay - No employer may require an employee to work or to work for more than eight hours in any single day, and more than forty-eight hours in a week, without additional compensation other than pay at premium rates.
2. Maximum Hours of Work - No employer shall employ an employee for more than eight hours in any one day, and more than forty-eight hours in a week, unless otherwise authorized by law.
3. Working Hours - Every employer shall provide his employee with a total of forty-eight hours of work within a week unless the employee has been granted or extended other authorized leave.
4. Rest Period - Every employer shall provide his farm labor and domestic helpers with a rest period of at least ten (10) minutes in every one hundred eighty (180) minutes of work except for work on Saturdays, Sundays, and holidays.
5. Minimum Wage - Every employer shall pay his employee a wage rate not less than the minimum wage set by the Bureau of Labor Relations.
6. Maternity Leave - female employees are entitled to a maternity leave of sixty (60) days with full pay.
7. Sick Leave - Every employee is entitled to an annual sick leave of not less than one hundred twenty (120) days of paid sick leave with full pay after six (6) months of service. After three (3) years or more, he or she shall be entitled to an annual paid sick leave of one hundred fifty (150) days, and for every additional five (5) years, twenty-five per centum thereof.
8. Personal Leave - Every employee is entitled to an annual personal leave of not less than twenty (20) days, one (1) day every two months.
When your company, does not comply with this kind of system, then you better think twice, I know it's hard to get a job right now, but always remember, that your mental health is much important than physical health.
That's so sad, tbh, the reason why I made this article was that our Chinese boss, just fired my Filipino friend, just because he didn't felt she was capable enough to do her job... In which no evaluation nor metrics used to measure the ability of my said friend. But the good thing about it, she knows how to handle properly the situation, so she filed a case for this. Just waiting for this "dramas'" result... lol