A lot of Call Center Managers - Poor In Labor Laws

How many times have I heard these stories in the call center business: " I was not given due process..." or " My boss harassed me till I quit..." or " They wanted me out for no reason..." or " That's against Philippine labor laws..."? Probably more than I should... I mean call centers are supposed to be big on their processes. It's a leverage they use to get more business. It's their selling point to attract more people to join their company. It's supposed to be one of the things they include in their values... That they protect & respect the rights of their employees on all levels. Labor lawsuits should not be a common things to hear about if they only have managers who are at least trained in Philippine Labor Laws. They should have managers that are strict in following guidelines of due process which all men are entitled in this democratic society with decent protection laws for workers. One reason that account managers are at fault here is because is they try to protect the accounts interest first. Their first priority is to keep the account & keep the clients happy. The company is at fault because they don;t train their account managers on how to deal with issues like these. Most of the time, they leave it to the judgement call of the account managers. Sometimes, it's not limited to just account managers. Even the senior account mangers & site directors are not experts in labor laws.

Sad fact is, in less than 2 years I have personally heard & knew about 3 cases where call center employees are terminated without due process. By whom? By their managers ofcourse... Their cases include: termination without just cause, diminution ( lessening ) of salary, termination without due process, unlawful extension of probationary contract. These are flat-out obvious reasons for a labor lawsuit... you can ask your HR manager about that. This is all because call center account managers have expert knowledge of call center management but don't a clue about when & how to terminate. I'm not talking about small time call centers here. Some of the biggest Labor law offenders are the biggest call center companies. I'd rather not name names. To top it all of one of these companies are super strict about their own business processes & yet they have been sued at least twice already for the past 2 years. I know that for a fact because I came from that call center & personally knew & spoke with their ex-employees who sued them.

Here's an advice, or common sense rather... when you feel you have been "separated" without due process, consult or at least ask a lawyer what are your options. Don't go down without a fight. Remember, if you have been staying in a company for 1 or 2 years & this happens to you, that's 2 wasted years of your professional life. That's because it's not going to be nice to put that you've been fired recently or ever. If you think you got a case to fight for, go to the National Labor Relations Commission & file a case. They will set you & the company up for initial investigations, arbitration, settlement & if settlement doesn't solve your case, the next step is court hearing. It's a long arduous process usually months to get done. But if you decide to stick it out, the "rewards" are great... i have asked 3 different HR managers already from different companies, they say that the maximum amount a person can get compensated for illegal termination is 2 MILLION PESOS. One note I need to make, probationary & regular employees have the same basic rights...to due process. Bottom line, a company cannot just terminate an employee without proof & just cause. That is Justice.

If you feel you are part of this growing number of people who have been victims of illegal termination, before you go troop to the NLRC, hear my advice first:

1. Make sure you got documented evidence that will support your case. These usually have a strong bearing if you decide to go to court or negotiate for settlement. it has greater value if it is a legal document like a contract or an email. The best documented evidences are the ones that are signed by the company's persons in authority. Before you leave the company's premises grab a hold of all documents that may pertain to your performance, email instructions, commendations, or anything that may prove your case. Sadly. that's easier said than done. But IF you get the chance, print out everything.

2. Be prepared mentally, physically and financially. Especially if you decide to take it to court. It could take at least 3 months to before a judge/arbiter can hand down a ruling.

3. Don't stop working. Filing a case doesn't mean you're world should revolve around it. Or else, you'll find yourself in deep financial bind.

4. Get representation. Try the OLA of UP Diliman. They assist people with labor cases. You know UP... they are hard-core when it comes to people's rights.

5. Final advice, if you think you got a very strong case with signed document evidence, go all the way... Sue their asses to court. It may take a lot of personal investment like time & effort, but at least it will teach the company a lesson about handling labor issues & illegal termination.

Here's the DOLE website so you can find out more about your rights:

The Labor Code of the Philippines - DOLE

Labor Code of the Philippines -Book One by Chan Robles

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Posted in: Call Center Management