Q: I'm working as a village guard receiving 200 pesos per day, which is termed as an "allowance" by the Homeowners' Association officers. Can I demand a small increase in this amount given the nature of my work?
A: In the context of Philippine labor laws, what you receive as "allowance" might actually qualify as wages if the nature of your work is regular and you're performing tasks that are beneficial to the HOA, similar to a licensed security guard. The Labor Code of the Philippines defines "wage" as remuneration or earnings capable of being expressed in terms of money for work or services rendered.
Q: They say that I am a "volunteer." Does this change the nature of my remuneration?
A: The classification of work as "volunteer" could potentially exclude it from being considered regular employment, but the actual nature of the work, expectations, and how you are treated will typically be more indicative. If you're performing tasks similar to those of a licensed security guard and have regular hours, that may not fit the usual definition of "volunteer" work.
Q: What rights do I have under Philippine labor laws?
A: If your work arrangement qualifies as employment rather than volunteer work, you are entitled to rights under the Labor Code, such as minimum wage, overtime pay, and benefits. The minimum daily wage varies by region and sector but is typically higher than 200 pesos.
Q: How can I negotiate for a higher "allowance" or wage?
A: Given that you are performing tasks similar to a licensed security guard, you may present this comparison when negotiating a higher allowance or wage. Being aware of the minimum wage in your region may also strengthen your case.
Q: Can I legally demand an increase?
A: If your situation is found to align more closely with employment rather than volunteer work, you could potentially make a legal demand for at least the minimum wage in your region, along with any other statutory benefits.
Q: What steps can I take if negotiations don't work?
A: You may consider discussing your situation with a labor lawyer and possibly taking the matter to the Department of Labor and Employment (DOLE) for arbitration if an agreement cannot be reached with the HOA officers.
Note:
This article is intended for informational purposes only and should not be taken as legal advice. For legal concerns regarding your specific situation, it is best to consult with a qualified attorney.