What is A Bonus?

A bonus is the amount granted for employees whether for (1) industry and/or loyalty (merit-based bonus scheme), (2) based on the company’s performance or (3) a combination of the employee’s and the company’s performance. Whatever type or scheme the bonus might be, payment of which is discretionary or given at the prerogative of the employer. [1]

Based on what I know about our labor laws, there is no existing provision in the Philippine Labor code which governs payment of bonuses. However, I believe that there are generally accepted principles related to bonus and/or incentive schemes.

One principle is that employers must exercise the discretion fairly and reasonably when deciding to pay any bonus. In addition, though the bonus is discretionary, a legitimate expectation may be created where it has always been paid to employees. Most importantly, if employees have met the criteria for the bonus, the employer cannot only pay the bonus to some employees and not to others. [2]

Though there are no specific law related to bonuses (to the best of my knowledge), it is my humble but considered opinion that payment of bonus to some employees and not to others who all met the criteria of the bonus may  constitute a violation of the equality clause under the Bill of Rights.

The equal protection clause of the Bill of Rights provides that if persons are equally or similarly situated, they must be treated equally. Specifically, Art. 3 Sec. 1 of the Constitution provides that no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. [3]

In countries with more mature labor laws, if an employer refuses to pay an employee their bonus entitlement, when they are entitled to it, they may file charges for breach of contract and may seek arrears in wages. Hence, a well drafted bonus provisions are crucial in the avoidance of unnecessary inconvenience both to the employer and the employee.

References:

[1] Basics on the Philippine Labor Law

[2] Human Resource Institute of New Zealand

[3] 1987 Philippine Constitution

The Concrete Jungle

The corporate world is actually a jungle where wild animals wear business attires. They wear branded leather shoes to protect their feet. Feet that they use to step on other people's shoulders in order to stand out. They wear expensive wrist watches but waste other people's time. They wear decent clothes to look good while they strip others down naked. 

I will admit. Nearly four years of working has taken its toll on me. For the past four years, I have to compel myself to deal with the problem of evil, politics and daily heavy traffic. The people are bully and envious. They steal ideas and say we're up to no good. I may have been cynical along the way. I have lost my faith on some people. I find the system disgusting. 

Though I may have allowed myself to be dragged by the stress of earning a living, I will never allow myself to lose hope that I can make a difference. One day, I will be taking the shots, making the calls and giving the last say. But in the process of getting there, I will exert all my effort to resist the temptation to inflict unnecessary cruelty in order to succeed. I will inspire others to be passionate without being brutal, to fight for survival fairly and with compassion. So when that day comes, I will be different from those who now enjoy my vehement criticisms. 

In my humble view, leadership is not about having power or having entitlement to anything.   It is certainly not about being the big man bullying the small boys. It is not about asking people to do things, it's about doing it with them. Leadership is about the responsibility to empower people, to influence them to do better, to inspire them to lead. 

The corporate world is actually a jungle where wild animals wear business attires. Let us not fall easy prey to these self absorbed predators. Let us not allow ourselves to be eaten by the system. Let us not be dead meat. Instead, let us change the landscape. We can begin by being the opposite of those that we hate. Let us strive to always be objective, impersonal and professional. But first, we must know the essence of those terms. 

Going against the current is a difficult task. Changing it is even harder. But I know we can. And we will start now.

NO to Fixation on Showbiz News!

Netizens are said to be an intelligent population. Hence, let us put an end to the culture of fixation on trivial events like controversies involving celebrities. I am obviously referring to the scandal involving Vhong Navarro. My FB and twitter feed is full of posts related to this 'scandal'. Even worse is the airtime of primetime news being dominated by this story.

There are other stories to listen to. There are other topics to talk about. There are REAL ISSUES that hound our society that requires public scrutiny and attention. 

To qoute a certain showbiz reporter loosely, "Never take an entertainment story seriously. For all you know, it could be scripted. After all, entertainment news should bring you entertainment."

Regardless whether this latest showbiz scandal is scripted or not, we shall not allow ourselves to be deviated from the real issues that we need to confront.

The worldly issues of Vhong, Cedric and Deniece involving sex, power and violence has nothing to do with our personal lives. The misbehavior of the rich and the famous, their lack of self control and the consequences of their actions is not a matter of NATIONAL IMPORTANCE. Having stories of such nature take precedence over issues related to our national interest as a subject of public discourse speaks lowly of our priorities as a people. Let us be a mature, intelligent population.

Let's stop giving a sh*t about this. Please.

Time is of the Essence

I see nothing wrong in pressuring the government to deliver the needed help timely and efficiently.

I refuse to sit idly by while members of the international press, reporting from ground zero, express their concern and frustration over the lack of governance in the facilitation of relief and rescue.

Once and for all, this is in no way an attempt to put the blame of nature's wrath on the government. This is an appeal to the government, that now has the role to facilitate the delivery of help, to do it timely and efficiently.

To those who continue to say that now is not the time to do what I am doing, I say this: NOW IS THE ONLY TIME TO DELIVER THE HELP. THE DELAY CAUSES THE DANGER OF LIVES BEING LOST BY THE MINUTE.

While there are those who continue to villify and demonize people like me who express frustrations over this matter, I refuse to return them the negativity. I am not afraid to be called ugly names because of what I do. For I do this because I am afraid that lives will be lost.

Be not afraid to pressure the government until they give in. The goal is for the victims to receive the help timely.

Now is not the time to rally behind our favorite political personality. Now is neither the time for political colors to shine nor for political lines to be established. The time calls us to defend the dignity both of the survivors and the perished. We need to salvage whatever is left and pay respect to those that are already gone.

At this very hour, my officemate who has a family in Leyte is on her way back to her town, braving the uncertainties, to personally deliver some basic goods survivors may need. Like you, we have already helped and are still helping. But we need to make sure that help will be delivered completely, timely and efficiently.

Deliver Help Timely and Efficiently

May mga nagsasabing mali at hindi nakakatulong ang mga taong nagpapahayag ng pagkadismaya sa mabagal na pagpaparating ng tulong sa mga lugar na nasalanta ng delubyo. Pinagdududahan pa nila kung may nagawa na ba ang mga taong iyon bukod sa pagiging kritiko. Nagkakalat lang daw sila ng negatibong bagay sa social media.

Ang akin lang: Why demonize and villify those who express their frustrations over the inefficiency of the government in carrying out the relief and rescue operations?

Mali ba na sabihin natin sa gobyerno sa pamamagitan ng social media na "Bilisan nyo ang pagpapahatid ng tulong at huwag ng magpatumpik-tumpik pa!"

Sa mga nagsasabing walang kabuluhan ang mga ganyang pagpapahayag sa social media ay kailangan magbalik tanaw na ang ilang mga pandaigdigang kaganapan na naging bahagi na ng kasaysayan ay nagsimula lamang sa isang status sa facebook o sa twitter.

Anim na araw na po ang nakalipas. Hindi na bagyo ang papatay sa mga nasalanta. Pipinsalain sila ng bawat minutong walang tulong na nakakaabot sa kanila.

I see nothing wrong in pressuring the government to deliver the needed help timely and efficiently.

Katulad ninyo, tumulong na kami at tutulong pa kami sa paraang kaya namin. Pero kailangang makarating nang mabilis at kumpleto ang mga tulong na ipinapadala natin.

Konsensya at Social Media: Tungkol sa Paggamit ng Social Media sa Panahon ng Sakuna.

Ang daming nangangaral tungkol sa tamang paggamit ng social media sa panahon na 'to.

Pag nagpost ka ng tungkol sa sarili mo (lugar na pinuntahan mo, pagkain kinain mo, pagtitipon na dinaluhan mo), insensitive ka. Sasabihan kang hindi ka raw nakakatulong sa mga napinsala. 

Pag nagpost ka naman na tumulong ka na nga (donasyong pera, volunteer, impormasyon), nagpapakitang tao ka raw.

Kahit ano pa ang naging paghuhusga sa'yo, ikaw lang ang nakakaalam ng laman ng puso mo. Kung ang naging intensyon mo sa pagpopost ay hindi naging sensitibo sa sitwasyon natin ngayon, hindi pa huli ang lahat. May delete na tinatawag. Kung malinis ang konsensya mo, wala kang ikababahala.

The online community is a REAL COMMUNITY.  Hence, the norms that we observe in our physical community must also be upheld here. 

Dahil tayo lang ang nakakaalam ng intensyon natin sa pagpopost, ito ang apela ko: Huwag na muna tayong magtawag ng atensyon sa sarili. Huwag magyabang. Huwag manghusga. Pairalin ang konsensya. 

The Government has powers to declare suspension of work in Private offices.

Para sa kaalaman nating lahat:

It is well within the executive's power to suspend work on both government and private offices. 

In fact, during habagat last year, the government by virtue of Memorandum Circular No. 33, suspended work on both private and govt offices. The labor department then issued Labor Advisory 1 ensuring add'l 30% pay for those who will report for duty.

Tulad ng empleyado ng gobyerno, tao din ang empleyado ng pribadong sektor. Kaya kung sila ay papasukin sa panahon ng panganib, hindi ba marapat lamang na bigyan sila ng dagdag na bayad? Isasakripisyo nila ang kaligtasan para makapagpatuloy makapagbigay ng serbisyo. 

Naniniwala ako na hindi karakter ng gobyerno na magpasindak sa mga makapangyarihan, tulad ng malalaking negosyante, lalo na kung ang gagawin ng pamahalaan ay para sa kapakanan ng publikong sinumpaan nyang poproteksyunan.

Kaya uulitin ko ang tanong: Bakit hindi magdeklara ng suspension ng trabaho sa pribadong opisina ang gobyerno? 

http://newsinfo.inquirer.net/246977/labor-department-additional-pay-for-work-during-habagat