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Free Legal Advice


Butsoy

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You only organize a union if there are 20 or more regular employees.

 

baby_sam, you don't need a union to redress your grievances against an employer.

With retrenchment, there has be to one month notice to DOLE and employee prior to dismissal. Employer must cite business reversals or cost cutting measures.

 

If they hired a new batch, it can be justified because newer employees cost less than old employees (think lower salaries and benefits).

 

Hope that helps.

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so you mean w/o the union they cannot make any legal actions for such?

Baby_sam,

 

A Union is one of the ways where you would manage to gain enough support to fight your employer for things like illegal dismissal or unfair labor practice. Usually, a single employee suing the company runs out of financial support long before any case is decided. However, a group of individuals putting together their funds for a common suit would last longer and stand a better chance of winning the case.

 

In any case, with regard your case, retrenchment is an action performed by a company in order to prevent further losses from taking place in the operations or when the services of the employees being retrenched are no longer needed by the company. Given the information you have supplied, it is kinda tricky to determine the legality of the retrenchment. It is possible that despite the regularization of the new batch, downsizing was necessary to reduce losses and they may have a valid grounds as to why only the old guys were terminated (because they have higher salaries??) first before the new ones. Unless you can prove that the action of the employer was done as a clear act of discrimination or to prevent the formation of a Union, you might have a difficult time trying to bring an action in court.

 

Of course, this does not prevent you from filing an illegal dismissal case before the National Labor Relations Commission against the employer. Please note that in such a forum, the labor sector normally wins 85% of the time due to the principle of "in case of doubt, resolve in favor of labor". But if you really do not have a case, then you may just be wasting your separation pay needlessly.

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Baby Sam-

 

The new batch may be performing functions different from those of the "retrenched" employees. If such is the case, the hiring and regularization of the new batch may not be reasonably considered as an indication of wrongdoing on the part of the employer.

 

An employer may make changes in its operations in such a manner that a new department is put in place to promote efficiency and remove a department that does not contribute to productivity anymore.

 

The similarities in pay scale also do not necessarily mean that the retrenchment was invalid because it is usual for employees performing different duties within the same company may receive the same salary.

 

In any case, if the "retrenched" employees really feel aggrieved, there's no harm in filing an illegal dismissal case against the company. The NLRC is at Banawe near the corner of Quezon Blvd. They can go to the public assistance desk and fill out the complaint form. They will not yet need a lawyer at that stage. If ever they will need a lawyer, I suggets that they hire those young volunteer lawyers of the Free Legal Assistance Group. They should avoid the shysters who end up sharing more than half of the monetary award.

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Guest EvilAsh
anong Video Card ngayon ang magandang(pang-games) bilihin???

Kung mayaman ka syempre Radeon 9700 Pro. I think it's around 20k. Personally I'm using a Geforce4 MX 420. Mura lang ito mga 4k. Perforamance is pretty good.

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Kung mayaman ka syempre Radeon 9700 Pro. I think it's around 20k. Personally I'm using a Geforce4 MX 420. Mura lang ito mga 4k. Perforamance is pretty good.

does it solve the non-fluid motion problem in playing DVDs on computers? notice ko kasi not so smooth ang video ng DVD movie when played on PC eh. factor ba ang PC processor? Memory or video card? i have a 256 mb ram, pentium2 550mhz

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Guest EvilAsh
does it solve the non-fluid motion problem in playing DVDs on computers? notice ko kasi not so smooth ang video ng DVD movie when played on PC eh. factor ba ang PC processor? Memory or video card? i have a 256 mb ram, pentium2 550mhz

Kahit naka Radeon 10,000 ka choppy pa rin yung video sa PC mong yan. Depende kasi yan sa Processor, Vid card, Ram, and the DVD software. If you don't want to upgrade I would suggest you buy a DVD decoder card. I think Creative has a package para lahat ng processing tatapon sa decoder card so there should be no choppiness.

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Kung mayaman ka syempre Radeon 9700 Pro. I think it's around 20k. Personally I'm using a Geforce4 MX 420. Mura lang ito mga 4k. Perforamance is pretty good.

Ilang MB(Memory) ba iyang Radeon 9700 Pro na iyan? available na ba yan dito sa pinas?

Any suggestion about Speakers and Sub-Woofers? Altec Lansing?

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Guest EvilAsh
Ilang MB(Memory) ba iyang Radeon 9700 Pro na iyan? available na ba yan dito sa pinas?

Any suggestion about Speakers and Sub-Woofers? Altec Lansing?

Yung Geforce4 ko 64MB SD lang pero my bro just got a me Leadtek Ti4200 eheheh. And finally getting a new processor. Yung Radeon wala pa ata dito. Kasi sa Saudi raw niya binili sa kanya. Ram? For 20k it better be at least 128MB na DDR.

 

Speakers ala akong alam dyan. Di ako masyado audiphile. Gamit ko yung AIWA compo namin na sira tuner at cd player kaya speakers lang gamit ko ehehehe.

Edited by EvilAsh
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question lang.....

 

Scenario: group of people were retrenched in a company, but the company just regularized a new batch. so the old employees were the ones who were kicked out. is this legal? isnt there a rule of LIFO (last in first out?)

 

need your advice...

thanks!

 

all the legal opinons given to you are valid.... to add to it... once there is an impending retrenchment....immediatelly show your solidarity with other workers even if you are not unionized... write a letter query to the company confimrning the truth of that impending retrenchment.... then show thath you are not ignorant of labor laws...that you are ready toi fight it out...

 

the most important part of a labor case is the legal strategy which you will adopt and implement...and the legal tools available

 

one thing to put into mind though is never allow your employer to have a chance to terminate you for a cause...

 

Butsoy

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magkano ba ang cost for annulment? can anyone give me a breakdown of the probable cost. butsoy can you give me your comment on this matter. tnx

 

Cost of annulment:.. hmmm,, mga katotong lawyers.. mag kano ba natin to sisingilin?? hehehehe...

 

ranges from 50 thou to as high as you can afford....

 

 

Butsoy..

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