Dell BPO Agents feel duped
By Nosmo King

Dell had announced on Mar 20 that it had sold the Dell Call Center in Pasay, Philippines to BPO Teleperformance in a bid to “increase the efficiency of the business and prove better value to clients”.  Dell Global Consumer Services VP, Ganesh L, described it as a “mutual win for Dell and Teleperformance”. Now an email by a Dell employee questions Dell’s severance package.

Most believe that the second Dell Call Center at Quezon City, Philippines will also be sold soon.

The proposed Dell-Teleperformance Job Offer/Contract has caused much anxiety among the employees due to a number of reasons.

Firstly, Dell-Teleperformance have offered only 4 days for all employees to review and decide if they are willing to sign the job offer/contract. Signing the contract means voluntary resignation from Dell, which in effect releases Dell of the obligation to provide a separation package as mandated by Philippine law. Most independent observers agree that 4 days is too less to decide such an important issue.

The next issue troubling the Agents is the fact that they will be treated as if they are on ‘probation’ once they switch over to Teleperformance. Once you sign the job offer/contract, you will still be under “performance review” by Teleperformance.  If Teleperformance finds the agent not meeting the standards or for any other reasons at the discretion of Teleperformance, the agent can be sacked, effectively losing their accrued benefits. 

Every Dell employee who opts not to join Teleperformance will be given a severance package of 2 weeks salary for every year they have been with the company.  They will also be given an amount equivalent to their last yearly performance bonus.

A Philippine Manager who spoke to techgoss on condition of anonymity described it as: “Let me give you an idea of what has happened. On Friday, March 20, Dell Pasay agents were given a ‘new contract’ by Dell-Teleperformance and were given only 4 days to ‘think about it’.  Officially, the contract is due today. Signing the paper would mean that the agent effectively ‘volunteered’ to resign and forfeits his/her quit claim contract from Dell. Here in the Philippines, if you resign, you will only get your pro rated 13th pay plus your last salary, whereas if the company closes as it is the case, the Agent is by law given a separation pay, which is 50% - 100% of his basic salary times the number of years rendered, plus 13th month pay pro rated, plus your last salary. The New contract is still subject to Teleperformance review based on your performance during your tenure, meaning if you sign the contract and don’t get rehired... not only will you lose your job but you will not get a separation pay as mandated by Philippine Law .”
 
Techgoss is in possession of an Email sent by a legal and technically savvy Agent who anonymously sent an email to all Dell agents explaining the Philippines law and how their joining Teleperformance may cost them accrued benefits if they are sacked after joining Teleperformance.

This is the anonymous email circulating among Dell employees in Philippines.  Techgoss has not edited the email in any shape or form and has retained all the caps and emphasis.  The first half of the email quotes the relevant Philippines laws, while the end of the email details the reasons why every Dell Agent should be wary of signing the contract in its current form.

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From: DELL KUPAL AGENT [mailto:dell_kupal_agent@yahoo.com.ph]
Sent: Monday, March 23, 2009 7:59 AM
To: xxxxx
Subject: DELL's LEGAL LIABILITY to PAY ALL EMPLOYEES..SEPARATION PAY..!!

 
www.dole.gov.ph/laborcode/book6.asp

The Labor Code of the Philippines

POST EMPLOYMENT

Title I
TERMINATION OF EMPLOYMENT

Art. 278. Coverage. The provisions of this Title shall apply to all establishments or undertakings, whether for profit or not.

Art. 279. Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full back wages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)

Art. 280. Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.

Art. 281. Probationary employment. Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

a.      Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
b.      Gross and habitual neglect by the employee of his duties;
c.      Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
d.      Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
e.      Other causes analogous to the foregoing.

Article. 283. Closure of establishment and reduction of personnel.

The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the “worker affected thereby shall be entitled to a separation pay EQUIVALENT to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher”. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

Art. 284. Disease as ground for termination. An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

Art. 285. Termination by employee.

a.      An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.
b.      An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:
1.      Serious insult by the employer or his representative on the honor and person of the employee;
2.      Inhuman and unbearable treatment accorded the employee by the employer or his representative;
3.      Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
4.      Other causes analogous to any of the foregoing.

Art. 286. When employment not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.

Title II
RETIREMENT FROM THE SERVICE

Art. 287. Retirement. Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.

In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided, however, that an employee’s retirement benefits under any collective bargaining and other agreements shall not be less than those provided therein.

In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.

Unless the parties provide for broader inclusions, the term ‘one-half (1/2) month salary’ shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves.

Retail, service and agricultural establishments or operations employing not more than ten (10) employees or workers are exempted from the coverage of this provision.

Violation of this provision is hereby declared unlawful and subject to the penal provisions under Article 288 of this Code.

DELL SHOULD GIVE SEPARATION PAY AS PER LABOR LAW  TO EVERY EMPLOYEE and not the SO CALLED “SEVERANCE PAY” SINCE DELL IS CLOSING OUT AND AGREED TO ASSET PURCHASE AGREEMENT WITH OUTSOURCE COMPANY..

“Generally, severance refers to giving an exiting employee a monetary bonus or settlement above and beyond their regular compensation”.

DO NOT SIGN ANY PAPERS YET..!!!!

THINK ABOUT IT..!!!

YOU SHOULD NOT BE FORCED TO THINK FOR LIMITED TIME ..!!! THEY SAID THAT THEY WILL SHOW THE LEGAL DOCUMENT ABOUT THE SEPARATION PAY, AND WHEN WOULD THAT BE??? IF YOU ALREADY SIGNED THE “QUIT CLAIM” AND “VOLUNTARY RESIGNED”??

As per TELEPERFORMANCE’s OFFER ON THE SECOND PAGE:

“ TP makes this offer as of today’s date, and its valid only for 4 days. Naturally, this OFFER is SUBJECT TO and CONDITIONAL on the acquisition by TP of the Business pursuant to the Agreement. If FOR ANY REASON  such acquisition is not completed within the next 45 days, this OFFER CANNOT BE PERFECTED and is WITHDRAWN.

To accept this offer, (a) sign the ATTACHED VOLUNTARY RESIGNATION from DELL and (b) the ATTACHED execution of release, WAIVER and QUITCLAIM in favor of DELL within the next four days, together with the signed offer letter. The form for these items has been provided in accordance with instructions from DELL and is attached for your convenience.

THEN YOU DON’T HAVE THE RIGHT TO ASK FOR LEGAL SEPARATION PAYMENT SINCE YOU ALREADY RESIGNED AND THAT SEPARATES YOU TO ANY LIABILITIES FROM DELL.

IT TELLS AS VOLUNTARY RESIGNATION which SHOULD NOT HAPPEN SINCE WE ARE ALL ENTITLED TO BE COMPENSATED…

DELL (Dell Intl. Services) PASAY

IS CLOSING THEREFORE, ALL EMPLOYEES SHOULD RECEIVE SEPARATION PAY REGARDLESS IF YOU WILL SIGN or NOT TO A DIFFERENT COMPANY..

DELL IS SAYING THAT IT IS ONLY PARTNERSHIP TO CONTINUE THE BUSINESS AND THE SITE WAS NOT SOLD, IF THIS THE CASE WHY WE ARE GOING TO CHANGE THE NAME OF THE COMPANY… THEN IF DELL PASAY WAS NOT SOLD..WHY DO WE HAVE THIS IN THE NEWS..

http://www.gmanews.tv/story/153654/Dell-sells-Pasay-contact-center-keeps-QC-facility

DELL, NOT ANY OTHER COMPANY SHOULD  PAY OUR COMPENSATION  as PER LABOR LAW SINCE DELL IS OUR EMPLOYER AND DELL IS THE ONE TERMINATING OUR CONTRACTS….

DELL CONTRACT WITH OUTSOURCE IS

PERFOMANCE BASED..

IF WE ARE NOT PERFORMING DELL WILL PULL OUT THE ACCOUNT due to the provisions of the PERFORMANCE BASED CONTRACT…

ASK YOURSELVES, FOR THE PAST 2 YEARS, DID WE HAVE A GOOD CE SCORES…JUST THINK OF THAT….

LIKE WHAT HAPPENED TO TECHNION, SITEL, e-TELECARE, CLIENT LOGIC AND ALL OTHER OUTSOURCE CONSUMER ACCOUNT..

 REMEMBER ALL CONSUMER ACCOUNT before ..WERE PULLED OUT

FROM OUTSOURCE DUE TO Its PERFORMANCE..

AND WE ARE ON CONSUMER ACCOUNT..and you know our performance..

ASK ALL EX-DELL ACCOUNT EMPLOYEE AROUND YOU….

NOW ASK WHY LIBIS SITE WAS RETAINED… THEY ARE SMB...NOT CONSUMER….BEWARE….
 
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