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doofy88

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Posts posted by doofy88

  1. Good day, How's Sogo in banawe? ok ba in terms of facilities and amenities (rooms / indoor parking), service, waiting time to get a room and discreteness? TIA

  2. follow up question din po sir/maam. My friend works sa isang BPO(call center).. he was assigned to one account but had to leave because there was a death in the family. He was reinstated but to a different account... the account he went to had a lower salary but he disputed that he should retain his old salary which is a lot higher and is mandated by labor code. Nakuha ng friend ko yung basic niya dati but the benefits of the account he went to he didn't get. When he showed me his contract I found something questionable.. on page 1 it just said 2k non tax benefits but on page 2 it says a TOTAL of 5k non-tax benefits so he brought this up w/ DOLE. Nagkaroon ng hearing pero unfortunately parang ang dinahilan daw ng respondent from the company is "nagkaroon ng typographical error on the contract and we'll edit that!" Diba po once a contract has been signed eh binding na po yun?! The only things I know they can change in the contract pag may typo error is yung name, date. Pero in terms of policy and benefits parang ang habang typo error naman yun.. isang buong paragraph!? Kasi on his old account my friend only had a max of 1.5k non tax benefits but on the new account it's 5k, ang laking bagay din yun. My question now is, Pwede ba i edit yung contract since it's signed.. ironclad agreement na eh. And 2nd.. pwede ba gawing "reason" na nagka error sa contract??? Considering the contract is always reviewed before being printed in triplicate before giving it to the employee. Does the company have the right to exclude the benefits of my friend from his new account? Diba ang sa batas ng labor code eh the employer should give the employee the higher salary and the better benefit?

     

    Salamat po.

    Is your friend regular or contractual employee? anyway.

     

    On your first question whether a signed contract can be edited, I would agree to Sir moridins79 it can be modified / edited as long as both parties agreed. There are also remedy provided by law when their true intention is not expressed in the contract which maybe brought by reason of fraud, mistake, inequitable contract or accident. One party may ask for reformation of instrument or contract which will require court action.

     

    As for your second question error in contract may be used as a reason, in my opinion is it can be. It is possible that some portions of the contract maybe overlooked by the drafter even after several reviews of the contract, a book you bought may contain typo errors even if that book underwent several proof readings. Although the law does not always look in favor of the one who drafted the contract.

     

    As for your third question whether a company has rights to exclude the benefits of your friend. My opinion is I depends.. If it is a long term practice made by their company to give benefits such as the one your friend received to all their employees my answer is, no the company cannot simply exclude it. However if such benefit is given only for a particular time or season, my answer will be the opposite. As for salary my opinion is, your friend must demand for salary similar not necessary higher than his/ her salary on his/ her previous account.

     

    Hope it helps. Have a good day.

  3. Currently have:

    Rockport - waterproof

    Florsheim - used it for a long time but will try their waterproof shoes

    Sledgers - very light compared to above mentioned brands.

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