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[rocco69]

For marriage inquiry po. I'm 2 d22 and planning na mag pakasal and according sa article na nabasa kailangan ko ng "parental advice" since below 25 ako. If mag pakasal kami through civil or through church without the "parental advice" valid ba yung marriage?

Sa pangkalahatan, bago makapagpakasal ang isang tao, kailangan muna niya (at ng kanyang kapareha) na kumuha ng "marriage license" (katulad ng pagmamaneho, bago ka makapagmaneho ng legal, kailangan mo ng "driver's license"). Pag nagpakasal ka ng walang lisensya, mas malamang sa hindi, walang bisa ang kasal mo.

 

Para sa mga edad 21 hanggang 25, isa sa mga rekisitos sa pagkuha ng marriage license ang parental advice.

 

NGUNIT, SUBALIT, DATAPWA'T...

 

Kung makakakuha ka ng paborableng advice (payag o walang pagtutol ang magulang mo sa iyong pagpapakasal), tatakbo agad ang proseso sa pag-issue sa iyo ng lisensya.

 

Pero, kung tutol ang iyong magulang o wala kang maipakitang advice, MASUSUPENDE lamang ng 90 days ang pag-issue ng marriage license (para makapag-muni muni ka pa sa iyong Desisyon [ang pagpapakasal ay isang LIFE SENTENCE at may dahilan bakit tumututol ang magulang mo] kung ito ba ay tama o mali).

 

Sa madaling salita, ang tanging epekto lang ng walang parental advice ay ang pagka-antala ng iyong lisensya. Mailalabas din ito, at kapag nailabas na at may lisensya na kayo ng kapareha mo, pwede na kayong magpakasal, kahit tutol pa ang iyong magulang (dahil ikaw ay 22 na at maaari nang tumayo sa sariling paa).

Edited July 19, 2020 by rocco69

[wildswans]

Hi MTC lawyers. I have some more questions about employment particularly resignation.

 

1. I read an article online and it said that if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

 

2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally? I asked this because my girlfriend said she and fellow workmates used to sign an employment contract ONLY in the beginning but has since stopped. She also said that they are asked to submit a letter of resignation when someone wants to resign but now the employer no longer ask for it so it's verbal now. I'm having a hard time deciding whether to ask my girlfriend to submit a resignation letter when the norm in her workplace is informing the boss verbally. She informed the boss on July 2 that she will be leaving at the end of September but the boss didn't allow her and asked her to resign next year. We had a bad fight regarding it because she just agreed to her boss' wishes but that's another story. So now, my girlfriend has decided that she will be informing the boss soon that she will be leaving at the end of December 2020 and won't come in starting January 1, 2021. She also decide that if her boss didn't agree again, she will just pack all her things and walk out just like what her colleague did last June. Thus, I'm not sure what's her best option.

 

3. I called DOLE's hotline this afternoon and the guy told me that if the employer will not accept the resignation letter of an employee, the employee can write the outcome down on a piece of paper stating that the employer didn't accept the resignation letter. For example, according to the assistance officer, if the employee hand in the letter to the employer but the employer refused to accept it or received it, then the employee should grab a piece of paper and write down that the employer didn't accept or receive her resignation letter. Is this true? It's just like writing on a diary and it doesn't seem to make any sense.

 

Any information will be highly appreciated.

[rocco69]

Hi MTC lawyers. I have some more questions about employment particularly resignation.

 

1. I read an article online and it said that if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

 

2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally? I asked this because my girlfriend said she and fellow workmates used to sign an employment contract ONLY in the beginning but has since stopped. She also said that they are asked to submit a letter of resignation when someone wants to resign but now the employer no longer ask for it so it's verbal now. I'm having a hard time deciding whether to ask my girlfriend to submit a resignation letter when the norm in her workplace is informing the boss verbally. She informed the boss on July 2 that she will be leaving at the end of September but the boss didn't allow her and asked her to resign next year. We had a bad fight regarding it because she just agreed to her boss' wishes but that's another story. So now, my girlfriend has decided that she will be informing the boss soon that she will be leaving at the end of December 2020 and won't come in starting January 1, 2021. She also decide that if her boss didn't agree again, she will just pack all her things and walk out just like what her colleague did last June. Thus, I'm not sure what's her best option.

 

3. I called DOLE's hotline this afternoon and the guy told me that if the employer will not accept the resignation letter of an employee, the employee can write the outcome down on a piece of paper stating that the employer didn't accept the resignation letter. For example, according to the assistance officer, if the employee hand in the letter to the employer but the employer refused to accept it or received it, then the employee should grab a piece of paper and write down that the employer didn't accept or receive her resignation letter. Is this true? It's just like writing on a diary and it doesn't seem to make any sense.

 

Any information will be highly appreciated.

1. if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

 

NOT TRUE. Even of there is a written employment contract, if the employer accepts a verbal resignation, that would be valid. And even if its a verbal employment contract, nothing prevents the employee from making a letter of resignation. The advantage of a written resignation over a verbal resignation is that it is BETTER evidence that you resigned (or attempted to)

 

2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally?

 

An employee is supposed to give the employer 30 days notice of his/her intent to resign. No 30 day notice, the employer can hold the employee liable for damages he suffered because the employee abruptly leaves without giving the employer a period to look for a replacement/prepare for his departure.

 

A resignation letter (given at least 30 days before the effective date of resignation), frees the employee from liability for damages.

 

It is more difficult to prove when a verbal resignation was made, or that it was made with 30 days notice.

 

Note that all of these becomes academic if the employer AGREES to the resignation, even if there was no 30 days notice. It becomes important if the employer complains of the resignation, or claims that it was improperly made. Note also even if there was a violation, and the employer complains about it, liability for damages would probably move the employer to withhold the last salary owing to the employee. If the employer doesn't owe the employee any money, they would have to go to court to ask for damages. MOST EMPLOYERS WILL NOT DO THIS AS THE COST FAR OUTWEIGHS ANY AMOUNT THEY CAN RECOVER FROM THE EX-EMPLOYEE.

 

 

3. What to do if the employer refuses to accept the resignation letter.

 

If the employee who wants to resign wants to have evidence that he gave 30-days notice, the best evidence is a resignation letter saying that he is resigning and stating the date when the resignation is to become effective (which date should be at least 30 days after the employer receives the letter).And the best proof of that is by having a "Receiving Copy" of the letter stamped/written with the words "Received" and signed and dated by the employer (in other words, you prepare two copies of the resignation letter, one copy you give to the employer, the other copy you have him write "Received" on the front, with his signature and date, which you keep for yourself, as proof that really, the employer received such a letter).

 

Now, if the employee anticipates that the employer will not accept the resignation letter when he attempts to give a copy to the employer, HE SHOULD BRING SOMEBODY ALONG AS A WITNESS (preferably, not a co-employee, because they might not testify on his behalf later). When he gives the letter, he should give it with the witness present. Now, when the employer refuses to receive the letter (or to write "Received" and sign on the receiving copy), he should just leave the copy for the employer there AND THEN WRITE THE WORDS "REFUSED TO RECEIVE" plus the date on the other copy he has, and then he and the witness signs below that. He then keeps the letter as proof that the employer was given the letter but refused to receive it. And because he has a witness, it is better evidence than him just saying that the employer refused to receive the letter.

Edited July 30, 2020 by rocco69

[parts_unknown]

Up

[wildswans]

1. if an employee signed an employment contract then he/she should write a letter of resignation before resigning. Whereas, if the employee wasn't made to sign an employment contract then the resignation can be verbal. Is this true?

 

NOT TRUE. Even of there is a written employment contract, if the employer accepts a verbal resignation, that would be valid. And even if its a verbal employment contract, nothing prevents the employee from making a letter of resignation. The advantage of a written resignation over a verbal resignation is that it is BETTER evidence that you resigned (or attempted to)

 

2. Are there any differences or loopholes or consequences if an employee writes a resignation letter compare to informing the employer verbally?

 

An employee is supposed to give the employer 30 days notice of his/her intent to resign. No 30 day notice, the employer can hold the employee liable for damages he suffered because the employee abruptly leaves without giving the employer a period to look for a replacement/prepare for his departure.

 

A resignation letter (given at least 30 days before the effective date of resignation), frees the employee from liability for damages.

 

It is more difficult to prove when a verbal resignation was made, or that it was made with 30 days notice.

 

Note that all of these becomes academic if the employer AGREES to the resignation, even if there was no 30 days notice. It becomes important if the employer complains of the resignation, or claims that it was improperly made. Note also even if there was a violation, and the employer complains about it, liability for damages would probably move the employer to withhold the last salary owing to the employee. If the employer doesn't owe the employee any money, they would have to go to court to ask for damages. MOST EMPLOYERS WILL NOT DO THIS AS THE COST FAR OUTWEIGHS ANY AMOUNT THEY CAN RECOVER FROM THE EX-EMPLOYEE.

 

 

3. What to do if the employer refuses to accept the resignation letter.

 

If the employee who wants to resign wants to have evidence that he gave 30-days notice, the best evidence is a resignation letter saying that he is resigning and stating the date when the resignation is to become effective (which date should be at least 30 days after the employer receives the letter).And the best proof of that is by having a "Receiving Copy" of the letter stamped/written with the words "Received" and signed and dated by the employer (in other words, you prepare two copies of the resignation letter, one copy you give to the employer, the other copy you have him write "Received" on the front, with his signature and date, which you keep for yourself, as proof that really, the employer received such a letter).

 

Now, if the employee anticipates that the employer will not accept the resignation letter when he attempts to give a copy to the employer, HE SHOULD BRING SOMEBODY ALONG AS A WITNESS (preferably, not a co-employee, because they might not testify on his behalf later). When he gives the letter, he should give it with the witness present. Now, when the employer refuses to receive the letter (or to write "Received" and sign on the receiving copy), he should just leave the copy for the employer there AND THEN WRITE THE WORDS "REFUSED TO RECEIVE" plus the date on the other copy he has, and then he and the witness signs below that. He then keeps the letter as proof that the employer was given the letter but refused to receive it. And because he has a witness, it is better evidence than him just saying that the employer refused to receive the letter.

 

Thank you for the detailed information, sir rocco69. It's not possible for the employee to bring someone along as witness as they are only required to go to the office alone to surrender money every afternoon (for the cashiers) and to get their salary every pay day. I will ask if she's close to the 4 office staff and if those staff are around whenever employees will surrender money and when they get their pay check. If so, then perhaps, one of the office staff can act as witness. The next thing, I guess, is to report to DOLE right away if the employer refuse to receive the letter. I remember the DOLE officer I talked to over the hotline advice me to do that.

 

Lastly, I understand that the resignation letter should have a reason for leaving but doesn't need to be detailed. So I'd like to ask what are the best reasons to put on a resignation letter. Actually, the employee is resigning because she wants to rest already after working 12-hour shift for more than 2 years and wants to move in with her boyfriend as well as visit her family in the province.

[rocco69]

 

Thank you for the detailed information, sir rocco69. It's not possible for the employee to bring someone along as witness as they are only required to go to the office alone to surrender money every afternoon (for the cashiers) and to get their salary every pay day. I will ask if she's close to the 4 office staff and if those staff are around whenever employees will surrender money and when they get their pay check. If so, then perhaps, one of the office staff can act as witness. The next thing, I guess, is to report to DOLE right away if the employer refuse to receive the letter. I remember the DOLE officer I talked to over the hotline advice me to do that.

 

Lastly, I understand that the resignation letter should have a reason for leaving but doesn't need to be detailed. So I'd like to ask what are the best reasons to put on a resignation letter. Actually, the employee is resigning because she wants to rest already after working 12-hour shift for more than 2 years and wants to move in with her boyfriend as well as visit her family in the province.

1. what are the best reasons to put on a resignation letter. She wants to rest already after working 12-hour shift for more than 2 years and wants to move in with her boyfriend as well as visit her family in the province.

 

Slavery is not recognized/allowed in the Philippines. An employer cannot force an employee to continue working for him. As stated earlier, the only requirement is that the employee give 30-days notice of his resignation. So, ANY REASON can be given by the employee, so long as he gives 30-days notice.

[wildswans]

1. what are the best reasons to put on a resignation letter. She wants to rest already after working 12-hour shift for more than 2 years and wants to move in with her boyfriend as well as visit her family in the province.

 

Slavery is not recognized/allowed in the Philippines. An employer cannot force an employee to continue working for him. As stated earlier, the only requirement is that the employee give 30-days notice of his resignation. So, ANY REASON can be given by the employee, so long as he gives 30-days notice.

 

Thank you very much sir rocco69 for the quick response.

[~~gwa7~~]

Hi,

 

anyone can help me on the issue on estafa like situation. We invested for a company on the first year and the return is ok but on the 2nd year, the partner is saying no payment from client but we found out that the money was used for other personal things. So she cant return the investment. And she did this also to other people.

Anyone can help me get the investment. I'm ok to provide fees but for a low price i dont have any more extra money.

 

PM pls for more detal. Hope someone can help.

 

Thanks in advance

[s@ntin0v3rd3]

To anyone needing free legal advice,

 

I'm a starting lawyer looking to expand my network. Thought I'm a "freshman" in the legal profession, I have some expertise on Family Law, Estate Planning, Labor Law, Intellectual Property, IT Law, Sports Law, Franchising, Media Law, and Corporate Housekeeping. Consultations can be casual and free of charge if you're just looking for advice.

 

Take care guys! Cheers.

[theoneandonlymistressmia]

I just paid a lawyer 3k for his professional fee and all he said was

..

 

 

"actually you don't need my advise na pala since based on what you stated you are in the right track"

 

Hahahahahahahaa comedy eh.

[charliehouse]

Open na ba ang metro for recreational activities like casino? I mean how to travel to metro during this pandemic lalo na pag walang letter of acceptance.

[boyangaz23000]

Nasuspend ako sa work because kasali ako sa gc na may ng offer ng pera Tapos we found out na fraud pla yung inooffer kasi may naka chat sya na isa sa mga members tapos nagsumbong sa company so lahat kami sa gc nasuspend because di daw namin sinumbong ang problema ang alam lang namin na info ay yung offer na pera no other details since yung full details sinend nya via pm sa isang member. Ang status namin preventive suspension with no pay. May laban ba kami dito.

Edited October 13, 2020 by boyangaz23000

[theoneandonlymistressmia]

Nasuspend ako sa work because kasali ako sa gc na may ng offer ng pera Tapos we found out na fraud pla yung inooffer kasi may naka chat sya na isa sa mga members tapos nagsumbong sa company so lahat kami sa gc nasuspend because di daw namin sinumbong ang problema ang alam lang namin na info ay yung offer na pera no other details since yung full details sinend nya via pm sa isang member. Ang status namin preventive suspension with no pay. May laban ba kami dito.

Actually, part pa din kayo ng problem eh. The way I look at it, pangungunsinti pa din kasi Ang ginawa niyo.

[boyangaz23000]

Actually, part pa din kayo ng problem eh. The way I look at it, pangungunsinti pa din kasi Ang ginawa niyo.

 

Fyi wala kaming alam. Nalaman lang namin ung fraud issue nung naservan na kami ng nte kasali lang kami sa gc kung san sya nagoffer pero pm ang ginagawa nya sa mga interested

[pogingpogi2x]

I received my regular appointment last July 21, 2021 stating that from October 21, 2019 to June 21, 2020 I have demonstrated a commendable work performance. But last September 25, 2020 they gave me a PIP (Performance Improvement Plan) and that I should improve within 60 days or they will terminate my employment status. Also after the meeting and plans has been submitted our HR Manager advice me to do a voluntary resignation since they already hired a replacement for me. In good faith for our HR manager I did what she advice I submitted a voluntary resignation and ask for a package of assistance with equivalent of 3 months of my salary. But when she gave me the acceptance letter for my resignation she told me that the package was not approve and I will only receive my last pay. So I withdraw my resignation and she offer me again this time they add a little amount.

This is getting stressful every day.

My question is, can they terminate me on the basis if I did not deliver the said PIP? Do I have the right to ask for assistance if they want me to resign voluntarily?

I really need your help.

Thank you.