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that's the drawback of being a manager.  my answer to that is yes. labor laws would not apply because of his/her status.

 

A person working in a supervisory position is actually easier to dismiss than an ordinary employee because of the special trust and confidence that is inherent to the position. Hence, one has only to declare a loss of trust and confidence in that person to dismiss him/her. However, to do so, one must cite at least an instance that caused upper management to lose their trust in that supervisor. It will not do to just dismiss without going through due process. However, unlike an ordinary employee wherein the basis is very objective, for supervisors it now becomes subjective.

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question po...

 

i'm transferring to another company in a couple of weeks. part of the requirements being asked by the company im transferring to is my latest BIR W-2 form from my current company. am i legally obliged to provide this to the new company? my concern here is that they will be able to know what my current salary is, and during my negotiations with the company i'm transferring to, i gave a significantly different amount than what i'm getting.

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question po...

 

i'm transferring to another company in a couple of weeks. part of the requirements being asked by the company im transferring to is my latest BIR W-2 form from my current company. am i legally obliged to provide this to the new company? my concern here is that they will be able to know what my current salary is, and during my negotiations with the company i'm transferring to, i gave a significantly different amount than what i'm getting.

 

 

usually, i think.. it is okay.. depending on the company rep*tation... u may claim that the rest of the packaged are tax shielded or something. just an idea.

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  • 3 weeks later...

i dont know if should be posting this here but here goes..

 

according to the contrat that i signed, my monthly pay is 15000 less tax;

 

Our company comp*tation for the daily and monthly rate is as as follows:

 

15000*12 months / 26 bi-weekly's in a year =6923.07

6923.O7/10 (10 day pay period)=692.30

 

per day we are paid 692.03

 

s this correct according to labor standards?

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  • 3 weeks later...
QUESTION PO.

 

paano kung ayaw tanggapin ng company yung resignation?

ano ang pwedeng gawin?

 

I think the company has to let the resigning employee go provided he is 'cleared' of his oligations e.g. payables, etc. Of course, the 30-day period should be observed unless company discharges employee of his obligations earlier upon employee's request.

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i dont know if should be posting this here but here goes..

 

according to the contrat that i signed, my monthly pay is 15000 less tax;

 

Our company comp*tation for the daily and monthly rate is as as follows:

 

15000*12 months / 26 bi-weekly's in a year =6923.07

6923.O7/10 (10 day pay period)=692.30

 

per day we are paid 692.03

 

s this correct according to labor standards?

 

for a monthly paid employee the comp*tation is correct.

 

when it comes to the comp*tation of the daily wage, the labor code does not have a straight forward regulations on it as long as the following areas are addressed: the equivalent daily pay should include all the unworked legal holidays and restdays if a person is monthly paid and the result should be equal or above the required minimum wage law of that particular region.

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question po:

  1. Ano po ba qualification ng isang HR Manager, as in college degree?

      manager namin is an engineer and i dont think he's efficient in his

        role.

    2. Tama po ba magpa-sign among employees a safety committment

        wherein violating said safety act is already ground for termination?

 

 

HR managers should complete a four year course. I think that is the basic competency. As to what discipline he or she is, well i guess it will depend on the nature of the company. Traditionally, HR managers are those who are graduates of Psychology or Law. I think your company is a manufacturing set-up that's why you have an engineer handling HR functions.

 

Lately, most particularly in the manufacturing set-up organization a Safety Policy has been added and this is incorporated in the Labor Code. Any violations related to it could be ground for termination.

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could someone please tell me what article is it in the labor code where it says that if an employee with probationary status stays for more than 6 months in a company, automatically he/she is considered a regular employee.

 

thanks.

 

BOOK SIX

 

POST EMPLOYMENT

 

Title I

TERMINATION OF EMPLOYMENT

 

ART. 281. Probationary employment. - Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.

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BOOK SIX

 

POST EMPLOYMENT

 

Title I

TERMINATION OF EMPLOYMENT

 

ART. 281. Probationary employment. - Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.

 

 

 

Thanks a lot for your help. :)

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  • 3 weeks later...

 

just a question...something out of the blue...

 

are on the job trainees considered as employees..i mean they arent in an apprenticeship program with an end result of future employment...

 

just asking...

 

thanks,

 

linus larrabee

 

 

 

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

- Robert Frost, “The Road Not Taken”(1920)

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