legal Free Legal Advice

[$weet Baby]

any corporate lawyers online??? I just need an urgent advise regarding employment contracts...Please PM me...

[council]

any corporate lawyers online??? I just need an urgent advise regarding employment contracts...Please PM me...

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Post your query.

I deal with employment contracts all the time.

[$weet Baby]

I work in a call center as HR Officer, now our Director for operations which is an indian wants that the probationary contract of our employees will be extended for another 3 months. Is that legal? co'z as far as I know it doesn't apply for probationary contract if an employer wants to extend it for another month, it only applies to contractual basis. Is that correct? Once you have probationary contract, on the 6th month of the employee he/she is automatic regular.

 

What is the legal process of extending contract?

[blackwolf]

I work in a call center as HR Officer, now our Director for operations which is an indian wants that the probationary contract of our employees will be extended for another 3 months. Is that legal? co'z as far as I know it doesn't apply for probationary contract if an employer wants to extend it for another month, it only applies to contractual basis. Is that correct? Once you have probationary contract, on the 6th month of the employee he/she is automatic regular.

 

What is the legal process of extending contract?

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hi sweet, just some clarification before we deal with the issues. do you mean to say that these employees also have contracts with your company? If thats the case, the so-called probationary employees may also be considered as contractual employees.

[freelicker]

hi sweet, just some clarification before we deal with the issues.  do you mean to say that these employees also have  contracts with your company? If thats the case,  the so-called probationary employees may also be considered as contractual employees.

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A call center is relatively a new industry which cannot be easily classified as far as labor laws are concerned. Unlike construction companies where a lot of rulings have already been issued, call centers are still somewhat of a novelty as far as labor jurisprudence is concered. Thus, the classification of "contractual employees" for your employees may not necessarily apply in that they will be performing "regular functions" in a call center.

 

The observation that employees become regular after the 6th month of employment is correct in that you may have some problems "terminating" them because they now enjoy a more secure tenure in your office. Even if they will be considered contractual, labor laws now recognize the class of "regular contractuals" who you cannot terminate while the need for their services exist. Considering that the people you may be considering as "regular contractuals" may be doing what majority of your employees are performing, they may as well be considered regulars for all intents and purposes.

 

Please note that a lot of people have worked on ways to go around the regular employment rule but very few have succeeded in doing so. Short of going to court (or the NLRC), there is really no hard and fast rule of knowing if your plan has actually succeeded or not.

[sheila70]

I have a question regarding my SSS & Pagibig contributions which were not remitted by my previous employer.

 

From 1996 up to 2001, the company I worked for religiously deducted my contributions every month only to find out that they were lagging behind the quarterly remittance of their employees' contributions until eventually, they stopped remitting at all. Now, I can't even apply for a new loan even if I have already exceeded the number of contributions required because I still have a pending SSS salary loan amounting to P13,000+. I have my payslips to confirm that I was able to pay off my loan in 24 months. Before I left the company, we were informed that by next year, everything should have been cleared with SSS because the said company applied for amnesty. I've already inquired from SSS & was informed that I have to pay my salary loan in cash to be eligible for a new loan.

 

I've worked my ass off for this company, I want to get everything they've taken from me. It might be a small amount but I've learned that I wouldn't be able to apply for a passport if I have unpaid loans.

 

I'd be more than glad to hear from you sirs. Thanks :*

[$weet Baby]

hi sweet, just some clarification before we deal with the issues.  do you mean to say that these employees also have  contracts with your company? If thats the case,  the so-called probationary employees may also be considered as contractual employees.

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are you asking if they have a copy of their contract? yes they have copy. The reason why we're going to extend is for re-evaluation with in 3 months. To give the agents time also to improve their performance, then our director doesn't want also to have high attritions, since we're spending a lot on their training.

[$weet Baby]

A call center is relatively a new industry which cannot be easily classified as far as labor laws are concerned.  Unlike construction companies where a lot of rulings have already been issued, call centers are still somewhat of a novelty as far as labor jurisprudence is concered.  Thus, the classification of "contractual employees" for your employees may not necessarily apply in that they will be performing "regular functions" in a call center.

 

The observation that employees become regular after the 6th month of employment is correct in that you may have some problems "terminating" them because they now enjoy a more secure tenure in your office.  Even if they will be considered contractual, labor laws now recognize the class of "regular contractuals" who you cannot terminate while the need for their services exist.  Considering that the people you may be considering as "regular contractuals" may be doing what majority of your employees are performing, they may as well be considered regulars for all intents and purposes.

 

Please note that a lot of people have worked on ways to go around the regular employment rule but very few have succeeded in doing so.  Short of going to court (or the NLRC), there is really no hard and fast rule of knowing if your plan has actually succeeded or not.

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Thanks, I agree to that. Will it be possible if I'm going to issue a contract extension notice, stating the areas that the agents need to improve then if with in the 3 months extension & they don't improve their performance they will be terminated.

[Dr_PepPeR]

Thanks, I agree to that. Will it be possible if I'm going to issue a contract extension notice, stating the areas that the agents need to improve then if with in the 3 months extension & they don't improve their performance they will be terminated.

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I think this is still subject to the 6 month rule on regular employment. So as long as the termination is done within the probationary period, you will be OK. I have a feeling if ever a case like this goes to the NLRC, it will rule in favor of the employee, particularly if the employer cannot justify that the work is seasonal or project related.

[freelicker]

Thanks, I agree to that. Will it be possible if I'm going to issue a contract extension notice, stating the areas that the agents need to improve then if with in the 3 months extension & they don't improve their performance they will be terminated.

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Extending the employment of a probationary employee past the probationary period will automatically make them regular, no matter what the reason for the extension. We have seen cases were even if the extension was with the consent of the employee or the extension was made based on humanitarian reasons, the employer was still made liable for the termination after the employee became regular.

 

So your proposal may not fly, at least not without some exposures.

[Dr_PepPeR]

I have a question regarding my SSS & Pagibig contributions which were not remitted by my previous employer.

 

From 1996 up to 2001, the company I worked for religiously deducted my contributions every month only to find out that they were lagging behind the quarterly remittance of their employees' contributions until eventually, they stopped remitting at all. Now, I can't even apply for a new loan even if I have already exceeded the number of contributions required because I still have a pending SSS salary loan amounting to P13,000+. I have my payslips to confirm that I was able to pay off my loan in 24 months. Before I left the company, we were informed that by next year, everything should have been cleared with SSS because the said company applied for amnesty. I've already inquired from SSS & was informed that I have to pay my salary loan in cash to be eligible for a new loan.

 

I've worked my ass off for this company, I want to get everything they've taken from me. It might be a small amount but I've learned that I wouldn't be able to apply for a passport if I have unpaid loans.

 

I'd be more than glad to hear from you sirs. Thanks  :* 

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While it is true that the company is liable to remit its SSS contributions, it seems you are applying for another SSS loan. While the company deducted your SSS loan payments, it seems that the company did not remit this to SSS. You may file a complaint with the SSS against the company for non-remittance of SSS contributions/payment but then this will take time. However you still cannot avail of a loan until your previous loan is fully paid.

[Kurtsky Keigee]

edited made a new thread for my Q

Edited March 10, 2006 by kUrTsKY

[<"Blood Burst">]

gud pm computer experts!

im planning to buy a laptop pc.

and i want one that can accomodate simultaneous

programs like photoshop & autocad/microstation.

any recommendations on the needed specs.?

thanks..

[agentjackbauer]

Other than filing a complaint with the SSS, why dont you take it a step further and file a criminal complaint for violation of R.A. 1161, as amended by R.A. 8282 (the "SSS Law"). All you need is proof that your employer deducted premium contributions from your salary but failed to remit it to the SSS. Mahirap depensahan ang kasong ito. Mabigat pa ang penalty, more than 6 years and one day kaya hindi probationable. Once you do this, Im willing to bet your employer/s (in this case, the directors of the company) will be more than willing to settle the matter with you immediately.

[lomex32]

Hello BB

 

Ideally for Adobe Photoshop (actually Adobe Indesign na ang latest stop na ang Photoshop)

ung mataas ang Memory .... 1GB at least specially when u intend to work with high resolution graphics of 20mb up. opening large graphic files will utilize disk caching (meaning magagasta ng husto ung disk mo) if the PC memory is too low.

 

PIV 2.X Mhz is OK, kung laptop u may consider the Pentium M (mobile)

 

Try buying on the upper floors of Sim Lim when you opt for laptops

 

QUOTE(<"Blood Burst"> @ Mar 10 2006, 03:11 PM)

gud pm computer experts!

im planning to buy a laptop pc.

and i want one that can accomodate simultaneous

programs like photoshop & autocad/microstation.

any recommendations on the needed specs.?

thanks..

<{POST_SNAPBACK}>