Unfair treatment

Dear Atty. Peachy,

I am employed at a restaurant owned by a man in Batangas City. I do not have a written employment contract with the owner, but I have been working at his restaurant for over two years now. Last month, he assigned me to work at his new siomai franchise without prior training, resulting in a mistake that led to a customer complaint. Consequently, my boss now seems very displeased with me. He criticizes my work at the restaurant, focusing on minor details of my performance. My working hours at the restaurant have been reduced from 8 to 6 hours. This situation has been ongoing for about a month now and has affected my mental well-being.

As an employee, do I have rights even without a written contract with my boss? Can he reduce my working hours without my consent? Do I have rights against his unfair treatment towards me at the restaurant? I am concerned that my boss might be pressuring me to resign to avoid providing separation pay. What steps should I take in this situation?

Nancy

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Dear Nancy,

Under Philippine labor law, all employees, whether contractual or regular, are entitled to certain rights and protections. If you have been consistently working for an employer for a certain period, such as two years in your case, and performing tasks that are necessary and desirable in the business, you may be considered a regular employee even without a written contract. In fact, an employment is presumed to be regular employment unless proven otherwise via a written employment contract. Regular employees have stronger job security and are protected under labor laws.

Although employers have a so-called “management prerogative” to change terms and conditions in the employment setting, this is not an absolute right. Any such changes must pass the test of fairness and must not discriminate against or unduly burden the employee.

If you feel that your boss is treating you unfairly or violating your rights as an employee, you may have several options. These could include filing a grievance, seeking mediation, or even pursuing a legal case for constructive dismissal should the intolerable working environment deliberately created by your employer constrain you to resign. Documenting the incidents or issues at work will be helpful in presenting your case.

Atty. Peachy Selda-Gregorio