i need to ask something about my labor dispute.

 

Hi Sleepwalker,

I studied Business Law at KSU and Emory for my MBA. I'm not a licenced attorney, so I cannot "advise" you, but I can certainly cite, quote, or referrence, cases, precedents, or laws which might assist you. I also have a small reference library (2600 vols.) here in my house. You've been such a good friend helping me with my cars, I don't mind putting in a little research for you.


C

 

thank you Charles. here's the thing that's bothering me now.

my present employer will not give me my annual leave pay because they said my contract will finish end of this month and i have not taken my annual leave.

last year, i took my annual leave and they pay for it.

it is included in my contract: company must provide for the round trip ticket and 1 month annual leave with pay on every completion of 1 year service.

what do you think of my chance in this case? what action should i do?

they are giving me too much pressure to renew my contract, which i don't want.

 

In the US, It is also subject to state law.
Your agreed Benefits are part of the compensation.
Your compensation is part of the contract agreement.
To NOT pay you, or provide the benefits is a breech of agreement or contract,
UNLESS, somewhere in the agreement specifically states that you LOSE those benefits when you quit.

Across country borders, breach of agreement is difficult if not impossible to settle globally due to lack of jurisdiction, and authority. Typically disagreements are negotiated based on leverage such as the promise of future business, a continued business relationship, or good will etc.

Friendly negotiation and persuation is great first step. Most people avoid trouble when possible. But there are bullies in every organization, and they sometimes get themselves in trouble.


C

 

in that case, i have no other choice but to swallow the situation.

this makes me very sad.

i didn't quit my job. my contract will be finish in one week.

i cannot afford to get a lawyer for i don't know how they charge.

 

You should look into your countries department of labor, (or equivelant in Phillipenes) they generally are a government agency that protects the rights of workers. Also, a phone call to an attorney will cost you nothing you should at least make the effort to gather enough free advise to make an informed decision as to wheather or not you are forced to "eat this".

Good luck!

 

thank you 2benz boy.

i will try to talk to an attorney tomorrow if i can. i really feel very sad because i cannot buy presents to my family on my annual leave next month.

i have been away for one year, and all i have to be with them is a month every year. with my meager income, i don't know how to survive the 1 month without income.

life is really difficult. it just hurts me to think that i cannot buy what my son and my little girl wants.

chinese people are evil. they only care about their own interest. they never consider how it affects the life of their victims.

i am so sad.

 

You are in Phillipines, and your client is in China, correct? US law means nothing in this case.

My wife is a business person who negotiates corporate trades with China each day. I will ask her what the best approach might be.

C

 

Sleepwalker,

She says that typically in China, a company's main motivation for honoring agreements, paying on-time, maintaining quality, and fulfilling contracts etc., is to ensure future business and continued business relationships and profits. When a business relationship has ended, there is no motivation to fulfill agreements or spend time. She says the Chinese government has bigger problems to solve, and rarely gets involved even with larger multi-million dollar disputes.
The same thing happens in the US, but the Law usually makes parties fulfill their obligations, if they are written. You might hire a Chinese Lawyer, who would not use the Law as leverage but rather persuade the company to fulfill your agreement. It would require a subtle knowledge of Chinese culture and business to accomplish this.

She has low confidence that you will be paid.

C

 

i was feeling the same thing too.

i will just wait till next week before taking some action, or else they will pressure me more for i still got some collectibles.

i went to the labor bureau and they cannot help at all. i am paying more than $100 tax every month, and they cannot do anything. it's so sad.

i still got one ace in my hand. i will report them to the tax bureau for tax evasion. i know all the details of their activities regarding it, and i will call it even.

anyway, i am moving to a new mercedes-benz dealership, and things will be smoother.

it just hurts me to know that this kind of things could happen to me. at first i was angry. now i am trying to forget about it. i never reach the point to accept it yet. all i want is to have a peace of mind.