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Moondust
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09 Feb 2014, 2:17 pm

At work we were emailed today by HR to inform us that those of us whom they deem to require a mobile phone to communicate with customers and colleagues when we're not in our office have to contribute from our salary part of the purchase of a very expensive phone that they gave us the name of and pay part of the maintenance. Besides, we have to sign a commitment document that if we're fired, we have to purchase the phone from the company and take it with us. And each time the phone requires fixing, we have to contribute to the price of the repair. If the phone company says it has to be replaced because the problem can't be fixed, we have to contribute to the payment of a new phone (contribution is 100 dollars, and this company very often tells us to replace the phone, it can even be more than once a year). I feel devastated, I can't believe how bad the work situation is worldwide, because in the past no company would've even dreamed of doing such a thing. Besides, we don't have vacations anymore, the company closes its offices on certain days and tells us to stay home on that day, that's all. And they're not even doing badly.


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Last edited by Moondust on 09 Feb 2014, 2:20 pm, edited 1 time in total.

Oren
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09 Feb 2014, 2:19 pm

It seems unreasonable on the face of it, but if you also use it for personal use on your time away from work, maybe not so much.


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Moondust
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09 Feb 2014, 2:22 pm

They know (because they receive the bills), that I don't use it at all, not even to call customers or colleagues, but told me I must buy the phone anyway.


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wozeree
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09 Feb 2014, 2:23 pm

Is that even legal? Maybe you should check into it.
At the very least it will be tax write off though - at least I think so.



Moondust
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09 Feb 2014, 2:26 pm

Yes, it's legal and we also have to pay income tax on the benefit of having a company phone.


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wozeree
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09 Feb 2014, 2:33 pm

I wouldn't have thought it was - but then people have to pay for uniforms, etc. I just would think that forcing you to pay something new that wasn't part of your employment contract was illegal, but you seem like you know the answer for sure and I am wrong. That's tough. At my company they pay for the phone, but if you want something fancy like an iPHone you have to pay for that yourself.



Moondust
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09 Feb 2014, 2:35 pm

That's how it was till now, but now everyone must buy an iPhone, they don't allow common phones.


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zer0netgain
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09 Feb 2014, 2:44 pm

Believe it or not, there's not enough information to really know what your answer should be.

Don't know where you live. I only know the USA's laws.

On it's face, what they are asking should be illegal. If they want you to have a cell phone for business use, THEY must pay for it. If you use it X% for personal use (some companies don't allow it other than the rare emergency call), then they could ask for a proportional reimbursement for that personal use.

Your having a company-provided cell phone & plan IS NOT taxable unless you use it for personal use. It is a business asset, a business cost, and a business tax liability.

Add in that they want you to pay for phone (in whole or in part) and replace the phone when THEY deem it necessary, and what they are asking smacks of being blatantly illegal. You could probably claim every penny as a non-reimbursed business expense against your income for tax purposes, but that's of little help with your bottom line in the meantime.

Normally, when you leave a company, you wipe the phone's memory and give the equipment back to the company. You aren't expected to pay for it and keep it unless you want to keep the phone and convert it to a personal service plan.

If there's a state labor board, talk with them about this.



Moondust
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09 Feb 2014, 2:51 pm

zer0netgain wrote:
they could ask for a proportional reimbursement for that personal use.


How can they calculate what calls were personal and which were work-related? I don't think it's possible.


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Willard
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09 Feb 2014, 2:52 pm

If the US Government can force it's working citizens to purchase something they don't want and can't afford, as a tax to subsidize giving that same product away to the non-working, then I suppose bullies are now allowed to get away with whatever "redistribution policy" they want. Since others may need a company phone, you must purchase one, too, to defer Big Brother's costs, because they're cheaper in bulk. Slaves are not allowed a voice or a choice, they just do what they're told by their masters. Slavery is the new freedom.



Moondust
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09 Feb 2014, 2:56 pm

I haven't checked the work market lately but I guess slavery is the new reality because it must be extremely hard to find another job. I had never in my life, in the worst of economies in the 3rd world, heard of a company forcing its employees to take all leave only on pre-announced days and to co-purchase and co-maintain the work tools. Next we'll be forced to bring our own computers from home and pay for the electricity.


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daydreamer84
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09 Feb 2014, 3:56 pm

Yes, it does seem like an unreasonable demand, unfair. Still, I might comply just to keep the job if I were you. I remember you struggling to keep a job and then you finally lucked out and found one you could keep for a while so it might be worth it. Also, there might be no legal recourse where you are. If I remember correctly, you work in a non-western country.



Dantac
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09 Feb 2014, 11:43 pm

Moondust wrote:
At work we were emailed today by HR to inform us that those of us whom they deem to require a mobile phone to communicate with customers and colleagues when we're not in our office have to contribute from our salary part of the purchase of a very expensive phone that they gave us the name of and pay part of the maintenance. Besides, we have to sign a commitment document that if we're fired, we have to purchase the phone from the company and take it with us. And each time the phone requires fixing, we have to contribute to the price of the repair. If the phone company says it has to be replaced because the problem can't be fixed, we have to contribute to the payment of a new phone (contribution is 100 dollars, and this company very often tells us to replace the phone, it can even be more than once a year). I feel devastated, I can't believe how bad the work situation is worldwide, because in the past no company would've even dreamed of doing such a thing. Besides, we don't have vacations anymore, the company closes its offices on certain days and tells us to stay home on that day, that's all. And they're not even doing badly.


If you're in the US no they cannot do this. It is illegal. Take that printed e-mail to any lawyer and they'll tell you.

If the company REQUIRES you to have a certain piece of equipment to perform your job, then the company has to provide either full compensation or provide the equipment itself.

The vacation time is also very fishy and rather illegal. The only time a company can 'force' you to take time off legally is during Federal holidays or on certain special situations (like, the building you worked in burned down or something).

That company is forcing its operating expenses upon the wallets of its employees. Its exploitative and very,very illegal. Consult your lawyer & the dept. of labor (after speaking to the lawyer).

... and if you can, find another job. Keep a copy of that email in writing and electronic format if you can.



2wheels4ever
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10 Feb 2014, 12:10 am

HIGHLY unethical if not outright illegal, the only other thing I can fathom to top this is if they slap a 1099 form on your desk and calling you an independent contractor


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Moondust
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10 Feb 2014, 12:38 am

They've done that to some employees in the past too.

I agree with all of the above. I'm going to ask my boss to talk to HR, given my very particular situation that I don't use the phone for personal calls, so there's no reason for me to pay these huge amounts for it. Especially now that each time I have a problem and require a day off, they deduct it from my salary as unpaid vacation because we don't have vacation days choice. Unfortunately, whatever they do I have to take with a nod and a happy smile because it's the only place I've lasted in due to my autism, and I'm over 50. Funny thing, it's an off-shore of an American company. I bet they don't dare do this in the US.


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EzraS
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10 Feb 2014, 5:08 am

Someone said since the economy collapse in 2009, companies have been using that to continue cutting back on everything like vacation pay and overtime and getting employees to cover the cost of anything they can think of, as well as laying off as many as possible and doubling everyone elses workload, with fewer raises that are further in between. All the fat cats want is slave labor while they get more grossly wealthy. Either everyone will let it happen or there will be a rebellion.