legal Free Legal Advice

[Mang Ricky]

On 8/3/2024 at 2:05 AM, KapitanAndres21 said:

Pag ang isang Contract ba, ay walang termination clause, illegal ba yon? if hindi? is there a way for my friend to amend that contract? 

Legal pa din ang contract kahit wala termination clause. Pede iterminate ang contract sa pamamagitan ng notice sa kabilang partido na galing sa friend mo. Sa notice na yun nakasaad na iterminate na contract, lets say, 90 days.

[Honeycured27]

Friend is married to a narcissistic wife, have 2 kids, 3 and 1. Wife took control over guy's life-finances, relationships and is trying to use them kids as leverage. The woman is very good evading criticisms and would always find something else to throw to guy as defense mechanism. Every now and then the woman would threaten to leave but guy loves her and is very much afraid of losing his kids as they're underage. Both are OFWs in Qatar and kids are staying at mother's side in the Ph. Woman is unwilling to get psychiatric eval since she's aware it might really be NPD. I want to help guy secure visitation/custody of children. How to go about this? Any lawyer who could give good advice and how would you manage this should he take your service? 

[vinsanity23]

On 10/4/2024 at 3:05 PM, Honeycured27 said:

Friend is married to a narcissistic wife, have 2 kids, 3 and 1. Wife took control over guy's life-finances, relationships and is trying to use them kids as leverage. The woman is very good evading criticisms and would always find something else to throw to guy as defense mechanism. Every now and then the woman would threaten to leave but guy loves her and is very much afraid of losing his kids as they're underage. Both are OFWs in Qatar and kids are staying at mother's side in the Ph. Woman is unwilling to get psychiatric eval since she's aware it might really be NPD. I want to help guy secure visitation/custody of children. How to go about this? Any lawyer who could give good advice and how would you manage this should he take your service? 

Father has the right to visit his children, unless court order to the contrary. The wife and her family cannot withhold his access to his children.

[Honeycured27]

15 hours ago, vinsanity23 said:

Father has the right to visit his children, unless court order to the contrary. The wife and her family cannot withhold his access to his children.

This from my friend:

 

"Finally a reply. 🥹

Thank you very much. I am the father, and as of yesterday, my wife isolated me from my side of family. She blocked my relatives and whenever I try to vent out my frustration and grief of disconnecting with my beloved, she gets very aggressive and would often get physical. My life is a downward spiral and I don't want my daughters to grow up like their mother. I love my wife but I want to build a case against her to the point she'll want psychiatric intervention to secure visits with our children/fix our family. I don't really hope for divorce but the enmity between her and my family has been already too big. Here are some reasons:

 

1. I am earning low 6 digits a month--my wife naturally want money for ourselves, we would fight whenever I try to assert control over my income and would often threaten or guilt trip me into submission. 

2. I have a history of cheating{documented} 3 years ago--(not appropriate reason) because I felt like I have lost control over my life since we got married in 2021 (where she had some bouts of infidelity as well{undocumented}. But have changed and shifted focus on work and my daughters. 

 3. My mother and sisters love my kids so much they tend to overstep boundaries and would often get insensitive with my wife. Partly my fault because I failed to establish those boundaries with them. Their intentions were good but wrong application. 

4. My wife has physically abused me whenever we get into fights, had to resort to self defense and would often grab her wrist to make her stop. 

5. She had history of manipulating people to make me look bad. She smeared blood on her face and body from her bleeding ingrown nail and sent pictures to my friends and family claiming I got physical with her.

6. 2 years ago, my father died and my wife started an argument and left me to go to her cousin. After 2 days, she forced me to have sex with her while I'm still devastated with my loss. If I don't comply with any of her sexual advances, she will either guilt trip or accuse me with something else. 

7. She has the tendency to project all her shite on me. Example, whenever I try to seek help/advise from my mom,wife would accuse me of being spineless and a mama's boy yet she always confide to her mom and give full financial support to her family.  Her tendency to be abusive, insensitive will be projected onto me. 

9. I have history of self harm due to severe stress (tried to kill myself) 2 years ago and would seek available psychiatric help this week(if situation permits, since mental health almost doesn't exist in middle east).

I love my kids and I do not want them to grow up in such chaos or broken family. I know I am at levels of unholy stupidity and martyrdom but I don't know what else to do to stay around my kids. Help"

 

[Unli Buffet]

Masters, if my salary wss delayed and instead of 30-Oct-2024, 07-Nov-2024 ko na natanggap may karapatan ba ako to ask for interest or for them to add on the amount sa salary na dapat ko matanggap and san or pano ako mag file ng complaint against my employer? 

[Duel of Fate]

1 minute ago, Unli Buffet said:

Masters, if my salary wss delayed and instead of 30-Oct-2024, 07-Nov-2024 ko na natanggap may karapatan ba ako to ask for interest or for them to add on the amount sa salary na dapat ko matanggap and san or pano ako mag file ng complaint against my employer? 

afaik "delayed" is defined as over 30days

[haroots2]

On 11/12/2024 at 2:35 PM, Unli Buffet said:

Masters, if my salary wss delayed and instead of 30-Oct-2024, 07-Nov-2024 ko na natanggap may karapatan ba ako to ask for interest or for them to add on the amount sa salary na dapat ko matanggap and san or pano ako mag file ng complaint against my employer? 

If you demand for an interest for being delayed for 7 days.  Isipin mo rin kung ano magiging tingin niya sayo.  Paano kung mag boom yung business, do you think the company will consider you  to be promoted or bigyan ng mga bonuses?

[Unli Buffet]

On 11/22/2024 at 2:17 PM, haroots2 said:

If you demand for an interest for being delayed for 7 days.  Isipin mo rin kung ano magiging tingin niya sayo.  Paano kung mag boom yung business, do you think the company will consider you  to be promoted or bigyan ng mga bonuses?

Thanks sa advice. Mahirap kalaban ang employer for further implications

[rayanami]

Paano po kinocompute ang child support?

Halimbawa after basic needs like utilities/groceries/credit card debt expenses ang net income ko ay 4k, yung buong 4k ba ang iseset na monthly child support ko?

Lagi ko nakikita na nakadepende daw sa needs ng bata, paano yun kung gusto ng nanay na mga mahahaling mga gatas at diapers ang binibili, ganun ang masusunod?

Di ba dapat meron tayong parang standard or bracket na kung normal naman yung bata, ganito lang dapat ang sustento

 

Edited December 14, 2024 by rayanami

[Anonymous]

Yung asawa ko nagttrabaho sa gay bar. May nagkagusto sa kanyang matandang babae, kasal at may dalawang anak. Nailove yung matanda sa asawa ko, may itchura na effort pa na samahan siya araw araw kumain sa labas meetings, gawin siyang driver. Inoofferan siya ng kung ano ano worth million, business, car at kung ano ano pero hindi niya tinatanggap dahil bka soon hindi daw siya basta basta pakawalan at baka mapahamak siya kami daw ang iniisip niya ng anak niya. Araw araw siyang ginagastusan at binibgyan ng pera maniwala kayo o hindi walang nangyare sa kanila ni minsan. Pero nagpaparinig na yung matanda na hindi daw siya masaya at di daw siya napapasaya. Kahit anong labas niya ng pera wala siyang napapala kung usapang s*x Shempre magaling magasalita asawa trabaho niya yung kaya napapaikot lang yung matanda. Ngayon nalaman ng matanda na may asawa pala siya, duon nagsimula na magpalitan sila ng di magagandang words. Ang ginagawa ng matanda binabantaan siya like death threat siya pa ngayon ang may lakas ng loob na kakasuhan daw asawa ko, tinatanong siya ng asawa ko anong kaso pinagsasabi niya eh trabaho niya lang ginampanan niya galit na galit yung matanda kaya pati sa trabaho niya sinira siya, sa mga kaibigan niya, pati manager niya hindi muna pinakinggan side niya tinanggal siya agad, shempre money over hosto. Nangbabaliktad ngayon yung matanda na siya yung sinisiraan at binabantaan. May ari siya ng school director siya, ano kaya pwede naming ilaban sa kanya? Nalaman niya din kung saan kami nakatira kinakatakot ko bka ano gawin niya o iutos na lg na bka ano mangyare samin pag lalabas kami ng bahay

[rhinox12]

What is legal clearance in Marina,

[Kato003]

On 7/18/2024 at 8:12 AM, mdp1998 said:

Hello ngayon ko lang nakita to and seeing I have no other choice really, I'll ask here.

May legal grounds ba ako or any move for the management to give me my severance pay? 

For context kasi, OnlyFans chatter ako. Wala, sideline lang tsaka pampalipas oras lang. Now, sometime last month, tinanggal ako for "security breach" when in reality nalaman lang na kakilala ko lang yung namba-badmouth sa agency ko ngayon. Without any proof shown and only used "based on what we heard" statements, tinanggal ako and stated sa termination na hindi ko daw makukuha yung pay ko that period because of said breach. Of course I reached out and explained my side. I've used private messaging, email, and text pero hindi na nila ako pinapansin. The problem is that wala sa NDA na pwede nila i-deny yung severance ko. 

With that being said, could I do anything to get my pay back at least? I don't like working there anymore because of the PH managers and HR. Sobrang pinepersonal nila yung problem haha. 

Thank you if napansin! 

First, check your employment agreement, particularly termination clause if any, and compile docs to prove employment (payslips etc)

 

Second, there should have been due process so you should have been given right to explain. It seems none in your situation.

 

Based on above you can bring your case to labor arbiter for illegal dismissal.and claim for damages plus backpay if there was indeed violation of labor laws.

 

[Kato003]

On 8/3/2024 at 2:05 AM, KapitanAndres21 said:

Pag ang isang Contract ba, ay walang termination clause, illegal ba yon? if hindi? is there a way for my friend to amend that contract? 

Its not illegal per se. If contract has no termination clause the default is the termination provisions under labor code.

 

You can have it amended, but employer also has to agree for it to be valid.

[w.white916]

 

On 7/18/2024 at 8:12 AM, mdp1998 said:

Hello ngayon ko lang nakita to and seeing I have no other choice really, I'll ask here.

May legal grounds ba ako or any move for the management to give me my severance pay? 

For context kasi, OnlyFans chatter ako. Wala, sideline lang tsaka pampalipas oras lang. Now, sometime last month, tinanggal ako for "security breach" when in reality nalaman lang na kakilala ko lang yung namba-badmouth sa agency ko ngayon. Without any proof shown and only used "based on what we heard" statements, tinanggal ako and stated sa termination na hindi ko daw makukuha yung pay ko that period because of said breach. Of course I reached out and explained my side. I've used private messaging, email, and text pero hindi na nila ako pinapansin. The problem is that wala sa NDA na pwede nila i-deny yung severance ko. 

With that being said, could I do anything to get my pay back at least? I don't like working there anymore because of the PH managers and HR. Sobrang pinepersonal nila yung problem haha. 

Thank you if napansin! 

Pakireview mo muna kung may grievance procedure kayo stated sa contract niyo then document every communication na meron kayo.

usually, sa mga termination case nga, need ng notice to explain sayo and an opportunity for you to explain your side bago magkaroon ng deliberation for the management regarding termination. All of which should be written and given to you. Pati yung result ng decision nila should be  in writing. Absent any of these, pwede ka na mag file ng Illegal dismissal. 

Sa mga gantong scenario pwede ka magpaassist sa local nlrc branch niyo for SENA. at magstart kayo ng mediation nga regarding this matter

[Kato003]

On 8/3/2024 at 2:05 AM, KapitanAndres21 said:

Pag ang isang Contract ba, ay walang termination clause, illegal ba yon? if hindi? is there a way for my friend to amend that contract? 

No not illegal, it will rely on termination grounds under labor code. 

 

It can be amended but generally requires consent or signature of both parties