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Date: Jan. 2, 2025, 7:02 p.m.

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Date: 2025-01-03 13:20:34.889979

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Work Issues

Published by Department of Labor and Employment(DOLE) on Jan. 2, 2025.
Requested from DOLE by J. Martinez at 07:02 PM on Jan. 2, 2025.
Purpose: to seek assistance
Tracking no: #DOLE-772361184884

J.MARTINEZ Jan. 2, 2025, 7:02 p.m.

To whom it may concern, I am raising concerns about unfair treatment and unprofessional practices by my employer, which has significantly impacted my well-being and job performance. Despite consistently exceeding expectations in handling tickets at work, which has been commended by our bosses in China, my immediate supervisor accused me of ticket manipulation without proper evidence and pressured me to sign an AWOL document, even though I advised her and provided valid medical proof prior to my absence. My supervisor also frequently changes my schedule without notice. Prior to my employment the job description indicates that it would be a dayshift role with fixed schedule. She also denies me work-from-home privileges during the holiday (December 23, 2024 - January 6, 2025) - granted to other employees, including the new hires - and ignored my request for temporary WFH arrangement due to safety concerns. My immediate supervisor also dismissed my request to speak with the board of directors regarding this request since she hasn't provided any proof or documentation that she raised my letter to them. Furthermore, she transferred me to a more complicated account with minimal training (less than 24 hours of training session) and no proper documentation about the transition. She even told me that it would be a dayshift role prior to my transition, but when I started joining the training sessions she said that they no longer need someone in dayshift. Please note that these incidents happened within 2 months, October to first week of December. Recently, they also removed an employee who was said to be performing well at first. I have supporting evidence to back these claims and am seeking your assistance in resolving this matter fairly. Thank you!

F.NCR Jan. 3, 2025, 1:16 p.m.

Dear Ms. Jacquelyn Martinez,

Thank you for your request dated January 2, 2025 under Executive Order No. 2 (s. 2016) on Freedom of Information (FOI) in the Executive Branch regarding your work schedule, and job transition. Below is our response based on applicable labor laws and regulations, including the Telecommuting Act (Republic Act No. 11165) and the doctrine of management prerogative.

The Telecommuting Act encourages employers to adopt telecommuting arrangements on a voluntary basis, provided there is mutual consent between the employer and employee. However, the implementation of such arrangements remains at the discretion of the employer, subject to operational requirements and policies. While the denial of work-from-home privileges may feel inequitable, employers retain the prerogative to determine the scope and applicability of such benefits, ensuring compliance with company policies and labor standards.

Regarding your work schedule and the transition to a more complex account, the doctrine of management prerogative allows employers to organize their operations, including the assignment of tasks, scheduling, and the designation of work roles, provided these do not violate labor laws or contractual agreements. While the adjustments may be lawful, employers are encouraged to provide adequate training and support to ensure a smooth transition for employees assigned to new roles.

If you believe your employment conditions violate the terms of your contract or established labor standards, we advise you to first engage in dialogue with your employer or immediate supervisor. Should your concerns remain unresolved, you may file a request for assistance (RFA) through the Single Entry Approach (SEnA) at the nearest DOLE office or via online portal: http://sena.dole.gov.ph to facilitate a resolution.

Thank you, and we hope this clarifies your concerns.

Respectfully,

FOI Officer

Department of Labor and Employment

F.NCR Jan. 3, 2025, 1:20 p.m.

Dear Ms. Jaquelyn Martinez,

Thank you for your request dated January 2, 2025 under Executive Order No. 2 (s. 2016) on Freedom of Information (FOI) in the Executive Branch regarding your work schedule, and job transition. Below is our response based on applicable labor laws and regulations, including the Telecommuting Act (Republic Act No. 11165) and the doctrine of management prerogative.

The Telecommuting Act encourages employers to adopt telecommuting arrangements on a voluntary basis, provided there is mutual consent between the employer and employee. However, the implementation of such arrangements remains at the discretion of the employer, subject to operational requirements and policies. While the denial of work-from-home privileges may feel inequitable, employers retain the prerogative to determine the scope and applicability of such benefits, ensuring compliance with company policies and labor standards.

Regarding your work schedule and the transition to a more complex account, the doctrine of management prerogative allows employers to organize their operations, including the assignment of tasks, scheduling, and the designation of work roles, provided these do not violate labor laws or contractual agreements. While the adjustments may be lawful, employers are encouraged to provide adequate training and support to ensure a smooth transition for employees assigned to new roles.

If you believe your employment conditions violate the terms of your contract or established labor standards, we advise you to first engage in dialogue with your employer or immediate supervisor. Should your concerns remain unresolved, you may file a request for assistance (RFA) through the Single Entry Approach (SEnA) at the nearest DOLE office or via online portal: http://sena.dole.gov.ph to facilitate a resolution.

Thank you, and we hope this clarifies your concerns.

Respectfully,

Foi Receiving Officer Ncr

FOI Officer

Department of Labor and Employment

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