legal Free Legal Advice

[howard_the_duck]

thanks for all of your help!

 

actually last friday naayos siya na wala man lang ginagawa

pero noong saturday bumalik ulit... para ngang may hepa ang monitor namin e!!!

 

anyways, gotta to call the technician harharhar

[bokam]

m bak!

[bokam]

to all unanswered queries, pls re-post and i'll try to see wat i can do to help. :mtc:

[TeeUp]

Kaunting paglilinaw lang po, hindi naman po alam ng pamahalaan natin na meron na syang US citenship at di nya sinuko ang kanyang pasaporte,  hindi ba ibig sabihin nito ay pinoy pa rin sya?

<{POST_SNAPBACK}>

 

 

hindi po. hindi kailangang pormal na sabihin ng ating gobyerno na hindi na siya Pilipino. ang kanyang panunumpa ng katapatatan sa ibang bansa ang nakapagpawalang bisa sa kanyang pagiging Pilipino at sa pasaporte na binigay sa kanya.

 

sang-ayon sa ating batas, kapag ang isang Pilipino ay naging naturalized citizen ng ibang bansa, nawawala kaagad ang kanyang pagiging Pilipino. hindi ang passport ang nagbibigay ng karapatan na magiging Pilipino ngunit ang katapatan sa bansa ng taong may dala nito.

[justx]

A lot of people now are working in call centers and I believe that most of them have experienced some irregularities being practiced by some companies, which violates our Labor provisions.

I have some issues that I just want clarified.

 

On leaves.  In this company I'm working on, 15 working days is equal to 3 hours of leave only. As far as I know, an employee is entitled to have at least 12 days of leave in one year.  Doesn't this violate anything?

 

On overtime.  Most call centers impose mandatory OTs. Is there a provision regarding mandatory OTs? I know that it's OK for the employer to ask their employees to go on OT but its somewhat being abused by some companies.  To my knowledge again, mandatory OT is called for if the company is on the verge of loss or breaking up. To save it, employers then ask their workers to go on mandatory OT, now that's reasonable. But what if they would ask it just because they want to meet some metrics? Team metrics for the matter.  Is it some sort of a violation?

 

Sanitary concerns.  Is there a labor provision regarding this issue? Like agents sharing headsets. Its pretty much obvious so no need to elaborate further on this.

 

Its a good thing that call centers are here, I'm not against them but there are certain laws that should be followed and we all want to be treated fairly by these companies. 

 

Thanks

<{POST_SNAPBACK}>

 

The minimum standard in the Labor Code is that an employee is entitled only to 5 days leave credits (service incentive leave). The employer may provide more, as in most cases, like yours. If the grant of the 12 days per year leave does NOT provide for a definition or qualification as to how many hours are in a 1 day leave, one day would be equivalent to 8 hours (12 hours 96). Under the Labor code normal hours of work in a day is 8 hours. If that is the case, something is seriously wrong with the "15 working days is equal to 3 hours leave only" formula that you stated.

 

I don't know what team metrics means. But under the Labor Code there are only five (5) instances where an employee may be required to go on overtime by employer, to wit:

 

"ART. 89. Emergency overtime work. - Any employee may be required by the employer to perform overtime work in any of the following cases:

 

(a) When the country is at war or when any other national or local emergency has been declared by the National Assembly or the Chief Executive;

 

( When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency in the locality caused by serious accidents, fire, flood, typhoon, earthquake, epidemic, or other disaster or calamity;

 

© When there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature;

 

(d) When the work is necessary to prevent loss or damage to perishable goods; and

 

(e) Where the completion or continuation of the work started before the eighth hour is necessary to prevent serious obstruction or prejudice to the business or operations of the employer.

 

Any employee required to render overtime work under this Article shall be paid the additional compensation required in this Chapter."

 

 

If the reason for the overtime does not fall under the five instances, then an employee may rightfully decline a request from his employer to do overtime work.

 

Your last question is more of an HR concern rather than legal.

[milo_chuck]

Hi TeeUp

 

If somebody has in his possession a Phil. passport for years before he got his naturalization paper. He has been travelling to places in europe, asia and america for years using the passport and was even able to obtain a US visa aside from other places that he go to that need visas. What is the legal implication. Thanks if you could enlighten me.

[TeeUp]

Hi TeeUp

 

If somebody has in his possession a Phil. passport for years before he got his naturalization paper. He has been travelling to places in europe, asia and america for years using the passport and was even able to obtain a US visa aside from other places that he go to that need visas. What is the legal implication. Thanks if you could enlighten me.

<{POST_SNAPBACK}>

 

 

otso_suabe, his pledging allegeance to another country caused him his Philippine citizenship. his naturalization need not be reported by his new country to the Philippine governement. if however, by any chance, the government learns of such naturalization, it shall revoke the passport issued to him. said revocation does not even require a court declaration of loss of citizenship.

 

again, retention of citizenship is not a function of issuance, renewal or use of a Philippine passport, but of a continued allegeance and loyalty to the Philippines as a state. conversely, the passport does not vest Philippine citizenship. niether does it restore one's Philippine citizenship when lost due to naturalization and pledging loyalty to another flag.

 

the fact that he had been issued visas from other countries using the Philippine passport does not change the fact that he had lost his Philippine citizenship. as we know, countries do not keep a registry of names of citizens of every country in the entire world, hence, just relies on the validity of a passport shown to them.

 

besides, a passport is more of a document of one's identity than of his citizenship.

 

hope this explains the issue quite a bit.

[bigbang theory]

happy balentayms mga kumpanyero y kumpanyeras!!!

[milo_chuck]

Thanks for your immediate reply to my question but sorry I fail to express my question properly.

The main point is the person I am referring to has been using a Phil. passport to travel and obtain visas even though his is not a filipino yet. His naturalization paper to become a filipino has just been apprpved recently. Can this be a falsification of public document, meaning to say he is not yet a filipino but has a Phil. passport. Can the countries that he obtain visas under the guise of being a filipino go afterhim legally since obviously the passport that he is using is fake or a real one but using fake documents to get it. What if he use his new naturalization paper to obtain a real passport does it absolve him legally whether here in the phil. and/or the countries he been to.

Thank you again for your response

[johndoe]

maraming salamat sayo tee cup, akoy naliwanagan sayong mga paliwanag

 

Mga abogadong de kampamilya, meron ba ritong pwede akong matulungan sa pagproceso ng papeles ng aking asawa(dual citizenship) may bayad man o wala, hehehe (sana Pro Bono)

[TeeUp]

Thanks for your immediate reply to my question but sorry I fail to express my question properly.

The main point is the person I am referring to has been using a Phil. passport to travel and obtain visas even though his is not a filipino yet.  His naturalization paper to become a filipino has just been apprpved recently. Can this be a falsification of public document, meaning to say he is not yet a filipino but has a Phil. passport. Can the countries that he obtain visas under the guise of being a filipino go afterhim legally since obviously the passport that he is using is fake or a real one but using fake documents to get it. What if he use his new naturalization paper to obtain a real passport does it absolve him legally whether here in the phil. and/or the countries he been to.

Thank you again for your response

<{POST_SNAPBACK}>

 

you're welcome, otso_suabe.

 

the right to admit foreigners largely depends on the prerogative of the admitting country. each state have different rules relative to fraud committed by foreigners in obtaining visas and other travel authorizations from them.

 

here in the US, if found out, fraud may result in a lifetime ban on any form of visa. under US rules, the fraud committed need not have to be in a manner that it constitutes a crime. it is enough that the applicant made material misrepresentations in prior applications.

[thunderboy123]

Dear Sirs,

 

Magtatanong lang po ako kung pwede makakuha or magpagawa ng affidavit of non-acceptance of academic insurance policy wordings lng. Mapapaterminate po kasi ng insurance plan, requirements po ito. Thanks in advance.

[TeeUp]

maraming salamat sayo tee cup,  akoy naliwanagan sayong mga paliwanag

 

Mga abogadong de kampamilya,  meron ba ritong pwede akong matulungan sa pagproceso ng papeles ng aking asawa(dual citizenship) may bayad man o wala, hehehe (sana Pro Bono)

<{POST_SNAPBACK}>

 

walang anuman, kapatid.

[milo_chuck]

you're welcome, otso_suabe.

 

the right to admit foreigners largely depends on the prerogative of the admitting country.  each state have different rules relative to fraud committed by foreigners in obtaining visas and other travel authorizations from them.

 

here in the US, if found out, fraud may result in a lifetime ban on any form of visa.  under US rules, the fraud committed need not have to be in a manner that it constitutes a crime.  it is enough that the applicant made material misrepresentations in prior applications.

<{POST_SNAPBACK}>

 

Thank you very much, when u say here in the US does it mean you are not in the Phil. Anither follow-up question. With regard to Phil. law, is he liable to falsification of public documents and what is the penalty?

[TeeUp]

Thank you very much, when u say here in the US does it mean you are not in the Phil. Anither follow-up question. With regard to Phil. law, is he liable to falsification of public documents and what is the penalty?

<{POST_SNAPBACK}>

 

 

no problem, and you're right i'm not in the Philippines right now.

 

going by the elements of falsification of public documents, he may be held liable for the crime. finding about it will however, be a little remote unless someone takes interest over his person and reports the act. off my head, i don't think our own bureau of immigration electronically monitors the entry and exit of every citizen when they place stamps on passports at the airport. the couple of times i was in and out of the country, i didn't see BID personnel scan passports to obtain records of citizens entering and leaving the country. a lot of times they are even more concern about "pasalubong?!??!?!?" more than anything else. so i wouldn't be surprised if a new and legitimate passport without the prior markings will not catch their attention.

Edited February 15, 2005 by TeeUp