Legal Question in Employment Law in Philippines

I work at a call center in the Philippines and recently there were amendments made in our Employee Handbook. After our supervisor discussed the amendments, we were asked to confirm understanding by affixing our signature on a two-page document which was the Acknowledgement of Receipt of the Employee Handbook.

I was about to sign it to confirm understanding (after all everybody had signed it), but I thought it would be wise to read the first page. I was surprised that there were certain points in the document which I consider gray areas.

I am replicating the body of the document as shown below:

"I have received the current company employee handbook and have read and understand the material covered. I have had the opportunity to ask questions about the policies in this handbook, and I understand that any future questions that I may have about the handbook or its contents will be answered by the Office Manager or his or her designated representative upon request. I agree to and will comply with the policies, procedures, and other guidelines set forth in the handbook. I understand that the company reserves the right to change, modify, or abolish any or all of the policies, benefits, rules, and regulations contained or described in the handbook as it deems appropriate at any time, with or without notice. I acknowledge that neither the handbook nor its contents are an express or implied contract regarding my employment.

I further understand that all employees of the company, regardless of their classification or position, are employed on an at-will basis, and THEIR EMPLOYMENT is TERMINABLE at the WILL of the EMPLOYEE or the COMPANY at ANY TIME, WITH OR WITHOUT CAUSE, and WITH or WITHOUT NOTICE. [Capitals and emphases are mine]. I have also been informed and understand that no officer, agent, representative, or employee of the company has any authority to enter into any agreement with any applicant for employment or employee for an employment arrangement or relationship other than on an at-will basis and nothing contained in the policies, procedures, handbooks, or any other documents of the company shall in any way create an express or implied contract of employment or an employment relationship other than one on an at-will basis.

　

This handbook is the company property and must be returned upon separation."

　

Observations and Questions:

1. I'm not being picky but it appears like the very first sentence of the first paragraph contains a grammatical flaw. It should be 'understood' instead of 'understand' in "I have received current company employee handbook and have read and understand the material covered." Also the last sentence of the second paragraph appears to be so complex and vague for a layperson like me.

2. My main concern is the first sentence of the second paragraph. I would assume that 'at-will basis' means that an employee is hired not contrary to his/her wishes. But what I am so confused with is the part that says THEIR EMPLOYMENT IS TERMINABLE AT THE WILL OF THE EMPLOYEE OR THE COMPANY AT ANY TIME, WITH OR WITHOUT CAUSE, AND WITH OR WITHOUT NOTICE. (Capitals are mine for emphasis).

May I ask your expert opinion on this?

　

3. If such document is in contravention to fair employment practices, what are our legal rights? What would be our best course of action?

　

Thank you very much. We appreciate your time.

　

Nikolai

　

1 Answer from Attorneys

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