legal Free Legal Advice

[litob]

can posts here in mtc be ground for libel?

[justx]

oliverjohnholmes:

 

The way you put it, am I correct in making the assumption that the subject employee is already performing the task and receiving benefits of the the position he is to occupy by reason of his promotion? If yes, I am more inclined to favor the view that he is deemed promoted even if the confirmatory appointment has not yet been issued. Moreover, this view is in keeping with the non-diminution of benefits principle.

 

If the demotion is the result of a simple transfer, it will not only be illegal to reduce his benefits, it will as well constitute constructive dismissal. But if the demotion is undertaken or imposed as a penalty for infraction committed by the employee, the withdrawal of the benefits enjoyed by him while occupying the higher position, I think, will not be violative of the non-diminution principle. This form of penalty is generally being imposed by CSC. I don't see any reason why this form of penalty cannot be utilized in the private industry.

 

But then again, why not just terminate the services if indeed he committed a serious offense punishable by dismissal. This renders moot the resolution of the demotion issue.

[vicaner]

Guys, just want to ask if my rig can maximize the use of a Nvidia 6600GT 128MB, my specs are

 

P4 2.4 Ghz

1 G Ram

 

Would I be able to squeeze all the juice from this video card or is my system already wanting? Would getting a regular 6600 be good enough for my gaming needs?

[oliverjohnholmes]

oliverjohnholmes:

 

The way you put it, am I correct in making the assumption that the subject employee is already performing the task and receiving benefits of the the position he is to occupy by reason of his promotion? If yes, I am more inclined to favor the view that he is deemed promoted even if the confirmatory appointment has not yet been issued.  Moreover, this view is in keeping with the non-diminution of benefits principle.

 

If the demotion is the result of a simple transfer, it will not only be illegal to reduce his benefits, it will as well constitute constructive dismissal.  But if the demotion is undertaken or imposed as a penalty for infraction committed by the employee, the withdrawal of the benefits enjoyed by him while occupying the higher position, I think, will not be violative of the non-diminution principle.  This form of penalty is generally being imposed by CSC.  I don't see any reason why this form of penalty cannot be utilized in the private industry.

 

But then again, why not just terminate the services if indeed he committed a serious offense punishable by dismissal. This renders moot the resolution of the demotion issue.

<{POST_SNAPBACK}>

thanks justx...

 

actually there are two schools of thought on the matter...first is the strict application of the non-diminution principle, regardless of the cause of such demotion...on the other hand, your succint opinion goes into the heart of what the new wave is, diminution for cause...

 

i am obliged to use the technicality to justify the withdrawal of benefits, justifying that although basic salary is retained, the removal of the benefit of commissions and overrides is but proper since such benefit accrues to the position holder and not the person...i know technical rules vest no substantive right and all that, but the absence of a replacement which would not hamper over all operations is the main consideration for the exploration of this avenue..

 

again thanks justx...your advise would be well heeded...

[tripmate]

anyone knows how to make the download speed more faster while using torrent???

[Mike Chester]

I'm not sure if this is the proper thread for my query, I just need some help here.

 

I want to know how to recover the password in a protected MS Office application (excel, word). Ang alam ko mayruon software na makakapag crack ng password nun, baka naman mayruong magmagandang loob na makapag bigay sa akin ng software. Thanks a lot.

[deus]

Guys, just want to ask if my rig can maximize the use of a Nvidia 6600GT 128MB, my specs are

 

P4 2.4 Ghz

1 G Ram

 

Would I be able to squeeze all the juice from this video card or is my system already wanting? Would getting a regular 6600 be good enough for my gaming needs?

<{POST_SNAPBACK}>

 

 

I think its enough for your gaming needs. Just set your graphics aperture size (in BIOS) to 256MB for better performance. You can buy any Nvidia 6xxx or Radeon X8xx with AGP 8X speed or PCI-EX 16 type cards if your motherboard does support it.

[Phrozhen.Khold]

anyone knows how to make the download speed more faster while using torrent???

<{POST_SNAPBACK}>

 

If you're using bitcomet... then you're in luck my friend...

 

There's bitcomet accelerator for you... just go to download.com :thumbsupsmiley:

[fauxhead]

Wouldn't the existence of these two schools of thought qualify as a doubt in the implementation and interpretation of the Labor Code by virtue of which, as Article 4 expressly mandates, it must necessarily be resolved in favor of Labor?

 

Even then, if he is transferred, one way to resolve the dilemma is to look into the matter of the nature of the "benefit." This is to ensure that the withdrawal of such does not run afoul of the non-diminution of benefit principle.

 

One way to look at it in the event he is demoted is to retain his compensation and other allowances (in the supervisorial level) except commissions. Commissions are not a function of the position but rather of the what he did to earn it. As such, he is transferred or demoted without a corresponding decrease in compensation. While the right to transfer is a "management prerogative," the employer must exercise it without grave abuse of discretion.

 

 

thanks justx...

 

actually there are two schools of thought on the matter...first is the strict application of the non-diminution principle, regardless of the cause of such demotion...on the other hand, your succint opinion goes into the heart of what the new wave is, diminution for cause...

 

i am obliged to use the technicality to justify the withdrawal of benefits, justifying that although basic salary is retained, the removal of the benefit of commissions and overrides is but proper since such benefit accrues to the position holder and not the person...i know technical rules vest no substantive right and all that, but the absence of a replacement which would not hamper over all operations is the main consideration for the exploration of this avenue..

 

again thanks justx...your advise would be well heeded...

<{POST_SNAPBACK}>

[milhouse83]

i just bought a geforce 6200. and i am quite disappointed with my purchase to be honest. it's expensive and it doesn't really deliver. games like half life 2 can only be played with medium settings on 1024x768 mode. the only thing positive about the 6200 is that it's got the DVI output which really maximizes my LCD monitor. but other than that, buying the card was a mistake.

 

i really wish i had saved up a little bit more money for a 6600GT instead. sure it's more expensive, but it least it delivers the goods!

 

so there you go.. learn from my mistake!

[oliverjohnholmes]

Wouldn't the existence of these two schools of thought qualify as a doubt in the implementation and interpretation of the Labor Code by virtue of which, as Article 4 expressly mandates, it must necessarily be resolved in favor of Labor?

 

Even then, if he is transferred, one way to resolve the dilemma is to look into the matter of the nature of the "benefit." This is to ensure that the withdrawal of such does not run afoul of the non-diminution of benefit principle.

 

One way to look at it in the event he is demoted is to retain his compensation and other allowances (in the supervisorial level) except commissions. Commissions are not a function of the position but rather of the what he did to earn it. As such, he is transferred or demoted without a corresponding decrease in compensation. While the right to transfer is a "management prerogative," the employer must exercise it without grave abuse of discretion.

<{POST_SNAPBACK}>

thanks faux...

 

was trying to look wherther or not commissions are a benefit which is of the same character as salaries, allowances and other emoluments (leave packages et al)...

 

will include that in my tome of knowledge...

 

again my thanks...

[-=extreme=-]

i just bought a geforce 6200. and i am quite disappointed with my purchase to be honest. it's expensive and it doesn't really deliver. games like half life 2 can only be played with medium settings on 1024x768 mode. the only thing positive about the 6200 is that it's got the DVI output which really maximizes my LCD monitor. but other than that, buying the card was a mistake.

 

i really wish i had saved up a little bit more money for a 6600GT instead. sure it's more expensive, but it least it delivers the goods!

 

so there you go.. learn from my mistake!

<{POST_SNAPBACK}>

 

 

If you set the resolution to only 1024x768 you're not using the full potential of your video card, it will only hog the CPU utilization if set to this setting, you must set above 1024x768 and activate some Anti-ailising to 2x or 4x. What is the speed of your processor and what is the size of your memory? memory must be above 512mb.

[tripmate]

If you're using bitcomet... then you're in luck my friend...

 

There's bitcomet accelerator for you... just go to download.com  :thumbsupsmiley:

<{POST_SNAPBACK}>

 

okey i'll try that!!! thanks bro!! :cool:

 

 

 

 

anyway,

 

anyone here knows how to prevent users on winXP from installling programs and accessing certain folders on winXP. :unsure:

 

anyw suggestion would help..... :cool: :cool: :cool:

[vicaner]

thanks for the input bro deus I only have AGP support on my mobo and dont want to do a full system upgrade yet as I feel that it is not yet needed. A video upgrade should suffice for now I think.

[veamucho]

I'm not sure if this is the proper thread for my query, I just need some help here.

 

I want to know how to recover the password in a protected MS Office application (excel, word). Ang alam ko mayruon software na makakapag crack ng password nun, baka naman mayruong magmagandang loob na makapag bigay sa akin ng software. Thanks a lot.

<{POST_SNAPBACK}>

 

 

me too...i need "QuickBooks Key" software...yung pang 2003 - 2005 version. baka naman meron, dyan...thanks.

 

am still using yung old version that works with QuickBooks 2001 and 2002.