3 things to remember to prevent violence against women

On March 26, 2018, I graced the Culmination of Women’s Month Celebration at the Cordillera Administrative Region Training Center, Teachers Camp, Baguio City.  The occasion was attended by uniformed trainees of the Philippine National Police.

No automatic alt text available.
An image of the token from Philippine Public Safety College. 

In the said event, I shared three things that could save a woman from being abused.  Below is an excerpt of the message delivered:

xxx

There are only three things that I would like to share to you this morning, brave men and women.  And to make it easy for us to remember, let us use the acronym: S-P-O

What does SPO stand for?

1) “S” – Speak up.

Maya Angelou, an American author and civil activist, said:

Each time a woman stands up for herself, without knowing it, she stands up for all women.

Resulta ng larawan para sa maya angelou
Maya Angelou, photo taken from https://www.biography.com/people/maya-angelou-9185388

Ladies, do not be afraid to speak up.

Every day in our office, we receive complaints about women being battered physically and emotionally, women not receiving support from their husbands, women being raped and abused.  They come to our office fearful because of their experience, but behind that fear I actually see – COURAGE.

I see courage because even in the midst of a traumatic situation, they were able to carry themselves out of the room, where they were battered and abused, to go to the authorities, to the police station, to our office.

They may look very afraid, but friends, there are “others” who are in worse situations.  Who are these “others”? They are women who could not speak up, women who are still inside the four corners of their room afraid of telling someone that they are being abused.  They are the ones whom we need to reach now.  I won’t ask you to raise your hands but it is possible that some of you are here.

Do not be afraid to speak up.

2) “P” – Promote.

During your stay here as a trainee, I believe you learned about laws protecting women.

You are not learning that for nothing.  Now that you are aware of these laws, you need to use them promote the rights of women, you need to advocate for them.

Promote. Inform your neighbors and the women around you that we have these services so that they will know where to go.

3) “O” – Offer.

Offer help. Since you are empowered, through your knowledge and your trainings, when you see a woman in need of assistance. You-OFFER-help.

Violence against women is not just a domestic problem but a social and community concern.

When you see someone being abused, you offer to help that woman, you encourage her to report to the authorities.

So now, what does SPO stand for?

Speak up, Promote, and Offer.

Let me just read to you a very powerful literature that I read:

I GOT FLOWERS TODAY
by Paulette Kelly

I GOT FLOWERS TODAY
IT WASN’T MY BIRTHDAY OR ANY OTHER DAY.
WE HAD OUR FIRST ARGUMENT LAST NIGHT
AND HE SAID A LOT OF CRUEL THINGS THAT REALLY HURT ME
I KNOW HE IS SORRY AND DIDN’T MEAN THE THINGS HE SAID
BECAUSE HE SENT ME FLOWERS TODAY.
 

Resulta ng larawan para sa flowers
Photo grabbed from https://www.fromyouflowers.com/products/youre_in_my_heart_3.htm

I GOT FLOWERS TODAY
IT WASN’T OUR ANNIVERSARY OR ANY OTHER SPECIAL DAY
LAST NIGHT HE THREW ME INTO THE WALL AND STARTED TO CHOKE ME
IT SEEMED LIKE A NIGHTMARE I COULDN’T BELIEVE IT WAS REAL
I WOKE UP THIS MORNING SORE AND BRUISED ALL OVER
I KNOW HE MUST BE SORRY…BECAUSE HE SENT ME FLOWERS TODAY.

Resulta ng larawan para sa flowers
Photo grabbed from: https://www.flowersnfruits.com

I GOT FLOWERS TODAY.  TODAY WAS A VERY SPECIAL DAY.  LAST NIGHT, HE FINALLY KILLED ME.
HE BEAT ME TO DEATH.
IF ONLY I HAVE GATHERED ENOUGH COURAGE AND STRENGTH TO LEAVE HIM.

I WOULD NOT HAVE GOTTEN FLOWERS TODAY.

Resulta ng larawan para sa funeral flowers
Photo grabbed from https://www.italflorist.com/flowers/funeral-casket-sprays/all-white-flowers

So not only to the women, I will say this to everyone, do not hesitate to stand up for women’s rights, because by doing so, you are not only standing up for yourself but also for your mother, for your sister, for your wife, for your grandmother, for humanity…

xxx

It was quite an unforgettable experience for me seeing our men and women in uniform nodding and agreeing that violence against women should not be tolerated at all. Indeed, change has come for our women and we are making this change work for each of them.

For laws related to the Magna Carta of Women, you can browse on the following:

  1. R.A. 8353 (Anti-Rape Law of 1997)
  2. R.A. 9208 (Anti-Trafficking in Persons Act of 2003)
  3. R.A. 9262 (Anti-Violence Against Women and Their Children Act of 2004)
  4. R.A. 7877 (Anti-Sexual Harassment Act of 1995)
  5. R.A. 8972 (Solo Parent’s Welfare Act of 2000)

6 Effective Tips to making “employment termination” less heartbreaking

Our organization may be small at this stage, but thankfully, we reached a point where we gained the trust of our clients because of the way we do things.  Because of this, we committed to do everything to be able to hire the best fit to join our team.


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Enroll your child at Bright Hope Room for Growth Inc.  Baguio City’s Premiere Kindergarten School that offers Baby, Toddler, Nursery, Pre-Kinder, and Kindergarten Program. Visit our facebook page by CLICKING THIS.

Located at 2nd Floor, Luke Foundation Building, 90 Leonard Wood Road, Baguio City.  Contact 074-424-2647 or  09176562006.  Look for Teacher Amanda Demandante.


In the process of hiring new team members, there will always be times that we commit lapses – meaning, we hire the wrong people. Thus, there are those who make the cut but eventually get cut.

As a Human Resource Development practitioner,  one of the important aspects of effectively managing people is one’s ability to relay the phrase – “you are fired” with less drama, less heartbreak.

I consider it an achievement being able to deliver bad news and at the same time helping the receiver look at the brighter side of the message.

Here are some tips that I can share to my fellow HR practitioners:

  1. Give the news personally and directly – There are several channels of communication, but the most effective channel to breaking down this kind of news is through a face to face meeting.  In this way, you will immediately know your employee’s reaction and be able to address it right away.

Na-imagine mo ba na makatanggap ng text message na ang laman ay tinatanggal ka sa trabaho?  Nakamamatay yan.  What if your employee received that message while crossing the pedestrian lane? What if na-shock siya, hindi nakagalaw, at nasagasaan? Dagdag kunsensiya mo pa. So better relay the message ng harap harapan.

Also, you must do it directly para hindi mukhang chismis.  Hindi pwede yung i-teterminate mo si Ana pero bago pa malaman ni Ana e alam na ni Mila dahil idinaan mo sa kanya. Diba?

2. Balance the content – One technique in balancing the content is to apply the “sandwich approach”.

This means that you say good things first about his or her performance (dapat sincere ka naman dito).  After affirming the person, carefully move to the more sensitive information, the fact that he or she committed something and that it is a ground for termination, then assure him or her that it is not the person but it is the act (kasi ganun naman talaga, walang personalan, trabaho lang).

Example:

Employer:  You know, you are a good employee etc etc. I have not heard anything bad about you. However, there is this instance that we would need some explanation. (Tell him or her the facts) Would you want to say something about it?

Employee:  Explain, explain, explain.

Employer:  Ok, thank you for giving your side on the matter.  We will use this in crafting our decision.  We are however, giving you 5 days to explain this in writing. While preparing your written explanation, please remember that this is not about you, but it is about what happened. Ok? 

Employee: Thanks. 

Don’t immediately condemn the employee.  Everybody commits mistakes and this might just be another hump in their careers.

3. Be specific – How will the employee know the specific violation he or she committed if you speak in general?  Dapat sabihin mo kung ano talaga yung violation niya complete with details e.g. incident report by a witness, cctv footage, and other available evidence.

This will avoid unnecessary debate kasi kitang kita na kung sino nagkamali.  This has saved me a lot of energy debating with employees who have the tendency to deny to death.

4. Give feedback when the receiver is most ready to accept it – there is no better timing than immediately after the incident happened.

Nawawalan ng halaga ang mensahe mo kung ang pangyayari ay nangyari ngayong araw pero next month mo pa ina-address. This only means na you are just trying to find ways to get rid of your employee at hindi maganda yan.  Siguradong pagdududahan ka rin kapag nagsampa ng illegal dismissal ang empleyado mo.

5. Be accurate; validate your information. – Before you even relay the message, gather facts and investigate.  Mahirap ang magkamali.

Can you imagine breaking a news that would possibly change someone else’s life tapos mali mali pala ang facts mo?  There might be legal implications so better get your facts straight before you present it to the person being terminated.

6. Offer Continuing support – Most of my termination meetings, thankfully, end in a good note and I enjoy the fact that we all remain friends.  To maintain relationship, assure them that you care for them and that everything happens for a reason. 🙂

Siyempre, the tips above won’t suffice if you don’t follow the legal process. May sinasabi tayong 2 notice rule sa Labor Law but that will be covered in another topic.

In order to be guided in legally terminating erring employees, it will be best to consult your lawyer.

Photo Credit: http://www.pistonandfusion.org/blog/warning-signs-fired/

tarp for kennon 4 x 16


About the Author:

Dexter D. Diwas is the co-founder of Bright Hope Room for Growth Inc., a premiere Kindergarten School in the City of Baguio, Philippines.  He is a lawyer who is passionate about Business, Human Resource Development, and Career Advising. He is currently taking up Master of Management at the Institute of Management, University of the Philippines – Baguio.  

BENEFITS NG ISANG UKAY UKAY SALESLADY SA BAGUIO CITY.

Dear Kuya D,

Ako po si Elma Quijanio, meron po akong Ukay-Ukay shop dito sa may Baguio City at may dalawa po akong saleslady. Gusto ko lang pong tanungin kung magkano ba ang minimum na bayad sa mga saleslady at kelan po ba sila entitled sa benefits tulad ng SSS?

Isa pa po, ayaw po nilang makaltasan ng SSS. Ano po ang mga pwedeng mangyari kung di ko sila kinakaltasan ng contribution nila sa SSS?

baguio_ukay_ukay_2
Ukay Ukay fever in Baguio City. (photo grabbed from www.travebook.ph)

Dear Elma,

Aking hinimay ang iyong mga katanungan at sinagot sila isa isa sa baba:

1) Magkano ang minimum na bayad sa mga saleslady dito sa Baguio City?

2) Kelan entitled sa SSS benefits ang isang empleyado?

3) Ano ang pwedeng mangyari kung ayaw nilang makaltasan ng SSS?

Magkano ang minimum na bayad sa mga saleslady dito sa Baguio City?

Dito sa Baguio City, ang minimum wage ay:

Retail/Service Basic Minimum Wage COLA TOTAL
Employing more than 10 workers            243.00          37.00       280.00
Employing 10 workers or less          223.00             37.00         260.00

Dahil may dalawa ka lang na saleslady, klarong base sa chart sa taas, ang minimum wage nila ay P260.00/day.  Pwede ka namang mag bigay ng mas mataas kung gusto mo. Ang nakasaad lang diyan ay minimum, ibig sabihin, di pwede bumaba diyan.

Kelan entitled sa SSS benefits ang isang empleyado?

Ayon sa Section 10 ng R.A. 1161 as amended by R.A. 8282, ang effective date ng coverage ng isang empleyado ay sa araw ng kanyang employment.  Ibig lang sabihin na kahit isang buwan lang siyang employed ay entitled na siya sa SSS benefits.  Siyempre may corresponding contribution ang employer at employee diyan.

Ano ang pwedeng mangyari kung ayaw nilang makaltasan ng SSS?

Hindi po sila pwedeng tumanggi na makaltasan.  Ang pwede pong mangyari, pwede kayong habulin ng SSS at pwede kayong makasuhan sa paglabag sa batas dahil obligasyon niyo bilang isang employer ang kaltasan sila at i-remit ang kanilang contribution.

Huwag po kayong padadala kapag sinasabi na huwag nalang silang kaltasan dahil bali-baliktarin man ang mundo ay magiging liable kayo.  Lalo pa kung naka-away niyo ang saleslady niyo at binaligtad niya kayo at sinabi sa himpilan ng SSS na hindi kayo nagbabayad ng contributions niya e di kayo ang talo.  Hindi po kasi depensa na napagkasunduan niyo na hindi siya kaltasan dahil bawal ang kasunduan na iyan. Kaya maigi pa rin na sumunod sa batas.

Ayon sa R.A. 1161 as amended by R.A. 8282 (SOCIAL SECURITY SYSTEM) ito ang mga duties at liabilites ng isang employer:

DUTIES OF THE EMPLOYER:

1)  To pay employer’s contribution in accordance with the schedule provided in this Act;

2) To deduct and to remit employees’ contributions;

3) To immediately report to the SSS the names, ages, civil status, occupations, salaries and dependents of all his employees who are subject to compulsary coverage;

4) To keep true and accurate work records for such period and containing such information as the Commission may prescribe;

5) To require, as a condition to employment, the presentation of a registration number secured by the prospective employee from the SSS in accordance with such procedure as the SSS may adopt;

6) To notify the SSS of the confinement within five (5) calendar days after receipt of the notification from the employee member; and

7) To advance in two equal monthly installments the maternity leave benefits within thirty (30) days from the filing of the maternity leave application.

At kung sakaling pumalya ka sa mga duties na yan, eto ang mga liabilities para magising ka ng konti at maging strikto sa pag-kaltas ng SSS contributions ng mga saleslady mo:

LIABILITIES OF THE EMPLOYER:

1) The employer shall pay to the SSS damages equivalent to the benefits, which said employee member would otherwise have been entitled to, for his failure to remit the required contributions;

2) To pay, besides the contribution, a penalty thereon of 3% per month from the date the contribution falls due until paid, for his failure to deduct and remit contributions;

3) To pay to the SSS damages equivalent to the benefits, which said employee member would have been entitled to had his name been reported on time by the employer to the SSS, for his failure to report matters required upon him; and

4) To pay to the SSS damages equivalent to the difference between the amount of benefits, to which the employee member or his beneficiary would have been entitled to had the proper contributions been remitted to the SSS, and the amount payable on the basis of contributions actually remitted, for his misrepresentation of the true date of employment of the employee member or for remittance to the SSS contributions less than those required in this Act or for failure to remit any contributions due prior to the date of contingency. 

PAYONG KAPATID:

Para maiwasan ang pagdagsa ng mga kaso, maari lamang po na sundin ang nakasaad sa batas patungkol sa sweldo ng mga empleyado.  Huwag din pong mag-give in kung ayaw nilang pakaltas ng SSS contribution dahil kayo po ang babalikan ng batas.  Naiintindihan ko po na maaring kulang sa pang-araw araw nila kaya ayaw nilang pakaltas pero paki-explain nalang na for their own good din kapag updated ang contributions nila.

Kung malakas naman ang benta, hindi rin masama na itaas ang sweldo nila para maging masaya din sila. 🙂 Share the blessings ika nga.

Sana ay nasagot ko ang iyong mga katanungan Madam Elma.  Paalala lang po na ang aking mga payo ay base lang sa katanungan niyo at maaaring mabago kung may karagdagang detalye.

Please share this article nalang po if it helped you.


CLICK THIS LINK FOR JOB OPPORTUNITIES IN BAGUIO CITY.

Entitled ka ba sa SERVICE INCENTIVE LEAVE (Article 95, Labor Code of the Philippines.)?

Dear Kuya D,

Kuya, i’m really stressed at the moment.  My name is Maya D. Macabebe, I am currently working for a Spa Center as a receptionist.  It has been 3 months now that I have been working for this Spa Center and I tried to file for two (2) days leave kasi may beach outing kami ng mga friends ko.  My manager ba naman did not allow me saying wala pa daw akong one (1) year.  Imagine?  Ang pagkaka-alam ko po kasi e I am entitled to Service Incentive Leave.  I feel so deprived, I feel like tinanggalan ako ng karapatang mabuhay.  Wala po ba akong karapatang mag-beach?  Wala po ba akong karapatang mag-leave?

Dear Maya,

Alam mo kapatid, wag ka masyado paka-stress.  Di ka lang pinayagan mag-leave e tinanggalan ka na agad ng karapatang mabuhay?  Paano pa kaya kung tinanggal ka sa trabaho e di nag-evaporate ka na?  Unang una, trabaho ba ang priority mo o ang pagbabarkada?

Ngayon, sa tanong mo kung wala ka bang karapatang mag-beach eto ang aking sagot:  Lahat ng tao ay may karapatang pumunta sa dagat at mag-beach.  Walang makakapigil sa iyo diyan.  Go ahead and be the mermaid that you’ve always wanted to become,

mermaid
Mermaid photo grabbed from http://www.clipartpanda.com/categories/mermaid-for-kids

or a “kuhol” kung ayaw mo ng mermaid.

OLYMPUS DIGITAL CAMERA
Kuhol photo grabbed from https://theemissarysfeet.wordpress.com/tag/evangelism/

Sunod, entitled ka na ba sa Service Incentive Leave? Read my discussion below:

What is the concept of a Service Incentive Leave?

Service Incentive Leave (SIL) is five (5) days leave with pay for every employee who has rendered at least one (1) year of service.

What is One (1) year of service in relation to SIL?

It is service within 12 months, whether continuous or broken, reckoned from the date the employee started working including authorized absences and paid regular holidays unless the number of working days in the establishment, as a matter of practice or policy or as provided in the employment contract, is less than 12 months.

What are the exceptions to the application of SIL?

SIL does NOT apply to the following:

1) Employees of the government;

2) Domestic helpers and persons in the personal service of another;

3) Managerial employees;

4) Field personnel whose performance is unsupervised or those who are paid a fixed amount for performing work irrespective of the time consumed in the performance thereof;

5) Those already enjoying the said benefits;

6) Those already enjoying vacation leave with pay for at least 5 days; and

7) Those employed in establishments regularly employing less than 10 employees. (Sec. 1, Rule V, Book 3, Rules Implementing the Labor Code)

Based on my discussion above, since you are only employed for three (3) months palang, very clear na hindi applicable sa iyo ang Service Incentive leave.  Dapat may isang taon ka muna .At kahit na may isang taon ka nang empleyado pero ang employer mo ay nag-e-employ lang ng less than 10 employees, di ka pa rin qualified to have SIL.

Ano ang remedyo mo ngayon?  Umabsent ka pero alalahanin mo na without pay yan or gamitin mo nalang yung rest day mo kasi entitled ka naman to a rest day every week.

Kung mapilit ka at umabsent ka without pay, ano ang magiging effect?  Siyempre bad shot ka na sa pinapasukan mo.  Wala namang masama sa pag-absent basta reasonable ang rason.  Pero kung magbe-beach ka lang aba depende na yan sa management, kasi pwede ka nilang di payagan lalo na kung ma-aabandona ang trabaho mo.

Practical Advice:

Mag-isip ka kung mahal mo ba ang trabaho mo.  Kasi kung ang ina-atupag mo e ang pagbabarkada hindi rin yan maganda para sa career mo at lalong hindi matutuwa ang mga employers mo.  Imagine, three (3) months ka pa lang e aabsent ka na for the reason na mag-bebeach ka? E di wow, di ba?

So Maya, if you are still young, I suggest that you focus on your career muna.  Malayo ang mararating mo kung pakitaan mo ng maganda ang employer mo.  Excel in your job and everything will follow.

Remember to value your job kung gusto mong umasenso sa buhay.

I hope na naliwanagan ka Maya, so sabihan mo nalang mga friends mo na pass ka muna sa beach outing na yan.  I hope that I was able to help you.  If you have other legal questions, do not hesitate to message me on my facebook account or put a comment on this article.  Paalala, ang payo ko sa iyo ay base lang sa tanong mo at maaring mabago ang aking advise kung may karagdagang impormasyon.

Note:

Proverbs 12:24 – The hand of the diligent will rule, while the slothful will be put to forced labor.

What are your thoughts on this article?  Comments are appreciated on the comment box below.  You can also share the article if you think it can help someone. 🙂


CLICK THIS LINK FOR JOB OPPORTUNITIES IN BAGUIO CITY.

How much should my ex-partner give as financial support?

grabbed from rolling out.com
grabbed from rolling out.com

Dear Kuya D.

My name is Amelita Orpiano from Tarlac, just call me Amor for short. I have a partner for ten (10) years but we are not married. We have a five (5) year old child out of the said relationship. However, two (2) years ago, we decided to part ways due to irreconcilable differences. Since then, he’s been giving my child and I a monthly financial support of TEN THOUSAND PESOS (P10,000.00).

Recently, I learned that my ex-partner Eduardo, already got married to a girl named Claudia who just gave birth yesterday. Eduardo called me and said that our monthly support will now be reduced to FIVE THOUSAND PESOS (P5,000.00). I screamed NOOOOOOOOO! But he insisted because according to him, he now has another child and a wife to support.

I have a plan. I wanted to enter into an agreement with him regarding our monthly support and that I wanted for it to remain TEN THOUSAND PESOS (P10,000.00). What should I do? Please tell me!

Dear Amor,

Kalma lang po. Reading your story, let me answer the following questions for you:

  • Are you entitled for support from your ex-partner?
  • Is your child entitled for support?
  • Can he reduce the current monthly TEN THOUSAND PESOS (P10,000.00) financial support that you are receiving from him?
  • Can you enter into agreement for it to remain TEN THOUSAND PESOS (P10,000.00)?
  • Does the law provide for a fixed amount of support?

Let me discuss to you what support is.

What is support?

    Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation in keeping with the financial capacity of the family. (Art. 194, Family Code)

1) Are you entitled for support from your ex-partner?

I’m sorry to say but “You” are not entitled for support from your ex-partner. The law provides under Article 195 of the Family Code that only:

  • Spouses;
  • Legitimate ascendants and descendants;
  • Parents and their legitimate children and the legitimate and illegitimate children of the latter; and
  • Legitimate brothers and sisters, whether of the full of half-blood. (Art. 195, Family Code)

are obliged to support each other. Considering that you are not the spouse, your ex-partner is not obliged to support you.

2) Is your child entitled for support?

Definitely, your child is entitled for support and that is also based on Article 195 of the Family Code as provided above.

3) Can he reduce the current monthly TEN THOUSAND PESOS (P10,000.00) financial support that you are receiving from him?

Yes. The law provides that support shall be increased or reduced proportionately, according to the increase/or reduction of necessities of the recipient and the resources or means of the person obliged. (Art. 202, Family Code)

 Since you mentioned that Claudia, Eduardo’s wife just gave birth then it is understood that the resources of your ex-partner will now be divided in accordance to the needs of his family and his child with you.  Thus, the TEN THOUSAND PESOS (P10,000.00) monthly support that your child is receiving may be reduced.  Of course, it will be a different story if your ex-partner’s salary allows or makes it possible for the P10,000.00 monthly support to be maintained.

4) Can you enter into agreement for it to remain TEN THOUSAND PESOS (P10,000.00)?

Yes. You can always enter into an agreement for the financial support to remain TEN THOUSAND PESOS (P10,000.00) but remember that there is a provision that says that support can also be increased or reduced depending on the resources or means of the person obliged.

So, even if you have a written agreement that the monthly support shall be TEN THOUSAND PESOS (P10,000.00) but the salary of the person obliged to support is, for instance, TWENTY THOUSAND PESOS (20,000.00) and he is also supporting a wife and a child, then it wouldn’t be fair that you will be getting half of his salary.

5) Does the law provide for a fixed amount of support?

No. It shall be in proportion to the resources or means of the giver and to the necessities of the recipient. (Art. 201, Family Code)

PRACTICAL ADVICE:

Sit down with your ex-partner and show him a breakdown of the needs of your child. It will be a better approach that way rather than insisting for a fixed amount with the other party wondering if the said amount is being spent properly. The normal tendency of the support giver is to think that you are not spending everything for your child and that you are using the money for other purposes. So the best solution is to back up your demand with some details.

Also, it is for the best interest of your child that you remain friends with your ex-partner so that it will not be heavy on his heart to be handing you your child’s financial support. It is true that the money goes to his child and he shouldn’t be complaining but it will still be different if the person managing his child’s money accepts it with a smile. Besides, you have both decided to separate ways so just maintain a friendly relationship for you and your child’s sake.

I hope I was able to help you with your concern Amor. If you have some clarifications, just drop a personal message on my facebook page and remember that the above advise is only based on the story you have provided.  Meanwhile, if you want to be relieved from stress, read some of my articles under HUMOR category.

Thank you very much and wishing you good life ahead. 🙂