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[TeeUp]

thanks BUNJEE....

 

just dropped by to say have a nice weekend to all.

[DarkAngel]

Hi Dark Angel!!!

Hi butsoy!

 

Thank you to everyone for all the help and the warm welcome. Sana one day meron din akong maging silbi sa inyo hehe

[joey_sixdigit]

I also need some clarifications, i have been working in a call center for about 7 months. our batch started last january 31 2003. and ang sabi ng company we are in a probationary period.

 

then last july bago kami ma-regular nag labas ang company ng memo na lahat ng na hire ng january 11 onward would not be regularized. tanong ko lang wala ba kaming habol dun, kahit nung july lang nila nilabas yung memo, hindi ba ang apektado lang dapat nun ay yung mga ma hire na july onwards.

 

also, we are on a contractual basis right now. and hindi na tinutuloy ng company yuns SSS dahit contractual kami. tama ba sila or what.

 

 

PLEASE HELP. WALA KASING NAG REREKLAMONG EMPLOYEE DITO KAYA SOBRANG MAKA ASTA ITONG CALL CENTER NA ITO. YUNG IBA NAG RESIGN NA LANG. E DAHIL SA HIRAP NG BUHAY NGAYUN NAPILITAN YUNG IBA NA TANGGAPIN MUNA YUNG CONTRACTUAL NA POSITION

[Butsoy]

I also need some clarifications, i have been working in a call center for about 7 months. our batch started last january 31 2003. and ang sabi ng company we are in a probationary period.

 

then last july bago kami ma-regular nag labas ang company ng memo na lahat ng na hire ng january 11 onward would not be regularized. tanong ko lang wala ba kaming habol dun, kahit nung july lang nila nilabas yung memo, hindi ba ang apektado lang dapat nun ay yung mga ma hire na july onwards.

 

also, we are on a contractual basis right now. and hindi na tinutuloy ng company yuns SSS dahit contractual kami. tama ba sila or what.

 

 

PLEASE HELP. WALA KASING NAG REREKLAMONG EMPLOYEE DITO KAYA SOBRANG MAKA ASTA ITONG CALL CENTER NA ITO. YUNG IBA NAG RESIGN NA LANG. E DAHIL SA HIRAP NG BUHAY NGAYUN NAPILITAN YUNG IBA NA TANGGAPIN MUNA YUNG CONTRACTUAL NA POSITION

 

Joey (hindi Marquez ha?hehehe):

 

If you have been working for 7 months already, may habol kayo, you are already considered as a regular employee (can you correct me on this my panyeros...) and as a regular employee you can only be dismissed from employment for lawful causes. I suggest, you just file an illegal dismissal case if you are terminated by reason that you are a contractual employee.. just pm me or any lawyer here if you need legal assistance.

 

on SSS matters, What I know is even is you are contractual you are entitled to SSS benefits and your mployer must remit your SSS contribution together with employers share...

 

 

 

Butsoy

[Butsoy]

Panyeros:

 

butsoy has been out of town for the past weeks... had lectures sa MCLE sa Naga and Subic and went to my home province for a much needed vacation... alam ko naman yakang yaka nyo ang pag papatakbo ng law office natin...

mag papa coffee na lang ako next week sa starbucks podium for the lawyers..

 

 

Butsoy

[silentkilla]

Sino puwede mag-refer sa akin ng articles about overclocking? Kasi marami na ako narinig na mga pros and cons regarding this, so I was hoping I can really disclose the truth about it.

[archer_dude]

Hey Butsoy!

 

I'm working in a call center right now and thinking of transferring to another call center for obvious monetary reasons! (syempre dun nako sa mas malaki sweldo) But then when our company noticed that there are lots of employees resigning and are transferring to other call centers they had sent out a Memo saying that our company has a "Competency Clause" meaning you can't transfer to another company of the same industry right away after you resign. They said you can only transfer after a year from your resignation. But then as far as I know I didn't sign any contract that states that policy. When signing something I see to it that I read and understand everything first before I sign. And also when I was regularized I didn't sign any contract about my regularization, the last contract that I signed was during my probationary period. And I believe its already null and void when I was regularized, Is that right? Another call center really wants to "pirate" me and because of this I'm having second thoughts as my current company might file a lawsuit against me. Can you enlighten me about this matter? Thanks a lot!

[Butsoy]

Hey Butsoy!

 

I'm working in a call center right now and thinking of transferring to another call center for obvious monetary reasons! (syempre dun nako sa mas malaki sweldo) But then when our company noticed that there are lots of employees resigning and are transferring to other call centers they had sent out a Memo saying that our company has a "Competency Clause" meaning you can't transfer to another company of the same industry right away after you resign. They said you can only transfer after a year from your resignation. But then as far as I know I didn't sign any contract that states that policy. When signing something I see to it that I read and understand everything first before I sign. And also when I was regularized I didn't sign any contract about my regularization, the last contract that I signed was during my probationary period. And I believe its already null and void when I was regularized, Is that right? Another call center really wants to "pirate" me and because of this I'm having second thoughts as my current company might file a lawsuit against me. Can you enlighten me about this matter? Thanks a lot!

 

Archer:

 

Is it a "Competency Clause" or a "no competition clause". anyway what ever that clause is if it means that you cannot enter or join a competing firm for 1 year after you resigned from your current job is good only under the following circumstances.

 

1. if you were a trained specialist where your firm spent money for your special training.

 

2. if you are holding a sensitive position particularly where there is a trade secret involved in your job.

 

3. if your transfer to another firm will cause undue damage to the business of your firm where you resigned.

 

These are the basic requirements. As a call center employe I dont think there is any specialized trainig nede or a trade secret involved in your employment.

 

 

Butsoy

[pititoy2]

Sige na iattach ko yung file, sundin nyo na lang ang instruction.

goodluck. 

Thanx a lot extremes......

[totoybola]

Archer,

 

If you did not sign ANY contract with a "no competition clause" then you are free to work for another call center. Such a clause cannot be made binding on the employee without the latter's consent. To be sure, check the contract you signed as probationary employee if there is such a clause which may have survived your regularization (baka continuing kasi). I seriously doubt it, kasi probationary pa nga lang eh so bakit sila maglalagay ng "no compete clause". If you did not sign any contract as a regular employee, then umalis ka na, wag ka matakot, any alleged "no compete clause" would not be binding on you, regardless of the training you received.

[TeeUp]

I also need some clarifications, i have been working in a call center for about 7 months. our batch started last january 31 2003. and ang sabi ng company we are in a probationary period.

 

then last july bago kami ma-regular nag labas ang company ng memo na lahat ng na hire ng january 11 onward would not be regularized. tanong ko lang wala ba kaming habol dun, kahit nung july lang nila nilabas yung memo, hindi ba ang apektado lang dapat nun ay yung mga ma hire na july onwards.

 

also, we are on a contractual basis right now. and hindi na tinutuloy ng company yuns SSS dahit contractual kami. tama ba sila or what.

 

 

PLEASE HELP. WALA KASING NAG REREKLAMONG EMPLOYEE DITO KAYA SOBRANG MAKA ASTA ITONG CALL CENTER NA ITO. YUNG IBA NAG RESIGN NA LANG. E DAHIL SA HIRAP NG BUHAY NGAYUN NAPILITAN YUNG IBA NA TANGGAPIN MUNA YUNG CONTRACTUAL NA POSITION

 

Joey (hindi Marquez ha?hehehe):

 

If you have been working for 7 months already, may habol kayo, you are already considered as a regular employee (can you correct me on this my panyeros...) and as a regular employee you can only be dismissed from employment for lawful causes. I suggest, you just file an illegal dismissal case if you are terminated by reason that you are a contractual employee.. just pm me or any lawyer here if you need legal assistance.

 

on SSS matters, What I know is even is you are contractual you are entitled to SSS benefits and your mployer must remit your SSS contribution together with employers share...

 

 

 

Butsoy

konting inputs lang po from an associate aspiring to become a partner in this firm.

 

may i ask what kind of work are you performing at the call center? (my apologies if it has been posted earlier).

 

the key factor in determining whether or not a person is regular employee is when he is performing a function that is necessary or usually desirable in the ordinary course of the employer's business. in fact, in the absence of any prior agreement that he is hired as a probationary employee, he automatically becomes a regular employee.

 

in your case where you were told that you were hired on a probationary status, the law requires that you should have been given a set of standards to meet at the time you were hired which shall be the basis upon which the employer will decide if you have indeed qualified for regular employment. such period of determination should not exceed six months. if you did not qualify based on the pre-set standards earlier made known to you, it is the employer's responsibility to inform you of such fact. otherwise, whether you passed it or not, and you were made to suffer work beyond the six month period, you are deemed to have become a regular employee. as such, you enjoy security of tenure. the same is true nothwithstanding the non-existence of any contract or the presence of any contract to the contrary.

 

having security of tenure, your employment cannot be terminated unless:

 

1. the same be for

a. just (gross neglect, abandonment, insubordination, loss of confidence, etc) or

b. authorized (redundancy, employment of labor saving-device, retrenchment, closure of operations, health) causes; and

 

2. the proper procedures are followed.

 

if you were forced to resign (constructive dismissal) or terminated without complying with any or all of the foregoing requirements, you shall be deemed to have been illegally terminated. for which, you shall be entitled to reinstatement(or payment of separation pay, when reinstatement is no longer feasible) without loss of seniority rights and other benefits and payment of full backwages counted from the date compensation was withheld until you are reinstated (whether actual or at least included on the payroll).

 

 

if you have any further clarifications, please feel free to ask.

[archer_dude]

Hey Butsoy!

 

I'm working in a call center right now and thinking of transferring to another call center for obvious monetary reasons! (syempre dun nako sa mas malaki sweldo) But then when our company noticed that there are lots of employees resigning and are transferring to other call centers they had sent out a Memo saying that our company has a "Competency Clause" meaning you can't transfer to another company of the same industry right away after you resign. They said you can only transfer after a year from your resignation. But then as far as I know I didn't sign any contract that states that policy. When signing something I see to it that I read and understand everything first before I sign. And also when I was regularized I didn't sign any contract about my regularization, the last contract that I signed was during my probationary period. And I believe its already null and void when I was regularized, Is that right? Another call center really wants to "pirate" me and because of this I'm having second thoughts as my current company might file a lawsuit against me. Can you enlighten me about this matter? Thanks a lot!

 

Archer:

 

Is it a "Competency Clause" or a "no competition clause". anyway what ever that clause is if it means that you cannot enter or join a competing firm for 1 year after you resigned from your current job is good only under the following circumstances.

 

1. if you were a trained specialist where your firm spent money for your special training.

 

2. if you are holding a sensitive position particularly where there is a trade secret involved in your job.

 

3. if your transfer to another firm will cause undue damage to the business of your firm where you resigned.

 

These are the basic requirements. As a call center employe I dont think there is any specialized trainig nede or a trade secret involved in your employment.

 

 

Butsoy

The only training that I received was the basic training for all agents and my position is only an entry level position. anyway I got a copy of that Non-Compete clause and it states:

 

"For a period of one year afteryour severance from the services, you shall not,directly or indirectly, engaged in any other business undertaking or activity similar or substantially similar to the business operations or activities of ______

or any of it's affiliates. For this purpose directly or indirectly engaging in any business similar or substantially similar to that of ________ shall include but not limited to, engaging in the same business as owner, partner, agent or representative or as any employee of any person, firm, corporation or other entity."

 

"This Kind of post employment prohibition, being limited in time and kind of activity, has long been sanctioned by the Supreme court. It is binding on employees, and a breach thereof would allow _________ to go to court and seek enforcement. The courts could direct both the emplyee and the new employer to comply with the one year ban. Furthermore, it could direct the payment to _________ of damages arising from the breach of contract."

 

I'm just making sure of this so as not to encounter any problems when I leave this company. Anayways thanks for your intial reply Counsel.

[archer_dude]

Archer,

 

If you did not sign ANY contract with a "no competition clause" then you are free to work for another call center. Such a clause cannot be made binding on the employee without the latter's consent. To be sure, check the contract you signed as probationary employee if there is such a clause which may have survived your regularization (baka continuing kasi). I seriously doubt it, kasi probationary pa nga lang eh so bakit sila maglalagay ng "no compete clause". If you did not sign any contract as a regular employee, then umalis ka na, wag ka matakot, any alleged "no compete clause" would not be binding on you, regardless of the training you received.

yup I'm gonna check the probationary contract that I signed, funny this is they did not bother to give us a copy... coz as far as I know when siging a contract two copies must be furnished so that both parties can have a copy for reference right? What happend was after our 6th moth evaluation they just informed us that we are now regualr employers and we were given a copy of our regularization letter, but nothing is stated there regarding this non-compete clause we only beacame aware of it when they announce it to everyone when resigantion letters were being handed to them here and there. Thanks for your help on this Counsel!

[tongaloks]

good morning, mgtatanong lang po.... whats d best DVD Software kaya na available for download?

 

tsaka hingin ko na din yung URL kung san ko pde download. tnx

[tongaloks]

good morning, mgtatanong lang po.... whats d best DVD Software kaya na available for download?

 

tsaka hingin ko na din yung URL kung san ko pde download. tnx