legal Free Legal Advice

[peithe]

She can work til the end of the month if she wishes but why would she? basically, she's getting paid despite not working while on terminal leave. Also, the law doesn't require a notice of termination considering she resigned from the company.

 

Just a few points.

 

• A probationary employee is one who, for a given period of time, is under observation and evaluation to determine whether or not he is qualified for permanent employment. During the probationary period, the employer is given the opportunity to observe the skill, competence and attitude of the employee while the latter seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. The length of time is immaterial in determining the correlative rights of both the employer and the employee in dealing with each other during said period.
   
  A probationary employee enjoys only temporary employment status. In general terms, this meant that he was terminable anytime, permanent employment not having been attained in the meantime. The employer could well decide he no longer needed the probationary employee’s services or his performance fell short of expectations, etc. As long as the termination was made before the expiration of the six-month probationary period, the employer was well within his rights to sever the employer-employee relationship.
  

 

 

It is thus incorrect to assume that a probationary employee cannot be terminated due to a loss of trust and confidence. With the facts given, neither can we assume that the positiom Ms. A occupied was not embodied with trust and confidence.

 

• Acceptance of a resignation tendered by an employee is necessary to make the resignation effective.
  

 

Until accepted, Ms. A was not considered having resigned.

 

Lastly, mention has been made of the twin notice rule. However, it does not automatically apply here. Unlike the first ground for the valid termination of probationary employment which is for just cause, the second ground, which is none compliance of the reasonable standards, does not require notice and hearing. Due process of law for this second ground consists of making the reasonable standards expected of the employee during his probationary period known to him at the time of his probationary employment.

 

I am not a lawyer but I beg to disagree with the above when you said ACCEPTANCE of the RESIGNATION of the employer is REQUIRED. What would be your basis for such?

 

Per Art. 285 of the Labor Code as Amended, only a 30 DAY PRIOR NOTICE IS REQUIRED. I think the key word there is NOTICE. It would be unfair naman for the employee if he/she intends to leave or terminate the employee-employer relationship but the other party would not agree/accept the resignation. If acceptance would be required then we probablu won't see key personel in the company moving. If you think that person is an ASSET then using your argument I will just NOT ACCEPT the resignation and he's stuck with me. I guess in reality, what happens is that the boss would at times say I don't accept your resignation. But it is probably a way of saying "PLEASE RECONSIDER" if the employee persist, I don't think there's anything legally binding.

 

It was mentioned above by PROBY employee employees can be terminated anytime ... so what if the Proby employee wants to leave/resign? Can he do so anytime? Is there a required notification period?

[Dr_PepPeR]

I am not a lawyer but I beg to disagree with the above when you said ACCEPTANCE of the RESIGNATION of the employer is REQUIRED. What would be your basis for such?

 

Per Art. 285 of the Labor Code as Amended, only a 30 DAY PRIOR NOTICE IS REQUIRED. I think the key word there is NOTICE. It would be unfair naman for the employee if he/she intends to leave or terminate the employee-employer relationship but the other party would not agree/accept the resignation. If acceptance would be required then we probablu won't see key personel in the company moving. If you think that person is an ASSET then using your argument I will just NOT ACCEPT the resignation and he's stuck with me. I guess in reality, what happens is that the boss would at times say I don't accept your resignation. But it is probably a way of saying "PLEASE RECONSIDER" if the employee persist, I don't think there's anything legally binding.

 

It was mentioned above by PROBY employee employees can be terminated anytime ... so what if the Proby employee wants to leave/resign? Can he do so anytime? Is there a required notification period?

 

I agree that mere notice will suffice. Maybe what he meant was RECEIPT. So to prove receipt, someone authorized to receive a notice should acknowledge receipt of the letter of resignation. Incidentally, while loss of trust or confidence may be a valid reason for termination, it also comes across as not meeting the standards set. Which is why for practical purposes, the latter is the most common way of terminating a probie, no further explanation or paperwork necessary.

[cydney_maldita]

here's the scenario...

we (takashi and i) worked for my tita then d kami pinasweldo,nag bigay kami ng sapat na panahon at oras till one time we politely asked my tita na baka pwede maka sweldo na ...peroang ginawa nya nag declare sya bigla na di sya mag papa sweldo dahil nasira yung pc then we talked sa technician whom she mentioned the first statement of the tech was nagka virus due to SPYWARE na nakuha ng mag open yung isang staff ng ol games..(during that time 2 weeks n kaming nde nag wowork sa kanya) then nag bigay p kami ng ilang panahon.yet useless so my workmate made his first moveand that is to file a blotter against I-LINK downloads and copiers...

wednesday night nagharapharap sa brgy...things didnt turned out good the chairman kept on considering yung nirereklamo namin na tao as my relative..then our x boss wants to give us a total salary of P200.00 (two hundred pesos) na ibibigay pa on the 27th of november.then aside from that sine ng may mag complain sa salary bigla na lang sya nag dedeclare na madaming nawala sa sales etc....consider this if d pala kami nag complain e wla sya i rereklamo na may nawala...

malinis ang kunsensya naming mga nag work sa kanya na wala kaming binago sa sales or whatever...

the nature of the business basically deals sa downloads and cd burn (pirating) but our primaryconcern here ay yung salary but now d n yun ang concern namin kundi yung truth lang...

may laban b kami nangyari kasi ito dito sa bulacan, and 2 weeks from now lalabas n yung certificate sa brgy para pwede n kaming mag file ng case..

may recorded naman kami na usapan with the technician then some petty (maybe petty) txt msgs from my tita.kasi yung chairman sabi nya mahina ang sales kaya daw wlang ipapa sweldo..then my tita naman super lakas ng loob kasi may money sya..please help

[cydney_maldita]

and in addition verbalagreement lang kasi when my tita appointed us..yet sa blotter clear na nakasulat na itatayo ang business and "sila takashi" yan ang word na nakalagay...

[cydney_maldita]

and heres another one, we worked there for 23 days pero during the first week wala pang record book and after a week lang sila nag buy ng record book...my tita claims na 12 days lang kami nag work thou ang totoo ay 1month ...pero nag declare n lang kami na 23 days, including sundays...

[cydney_maldita]

help naman oh!!

[peithe]

I agree that mere notice will suffice. Maybe what he meant was RECEIPT. So to prove receipt, someone authorized to receive a notice should acknowledge receipt of the letter of resignation. Incidentally, while loss of trust or confidence may be a valid reason for termination, it also comes across as not meeting the standards set. Which is why for practical purposes, the latter is the most common way of terminating a probie, no further explanation or paperwork necessary.

 

 

As the case mentioned the conflict arised when the employee which is still on Proby status tendered his resignation but the Boss refuse to acknowledge/receive it since she insist for a 45 day notice be given which was not acceptable to the employee. The employee stood by the 30 days but as a courtesy said she will talk to to the new employer if she would be able to give an extension or her start date. Unfortunately it can't be done so the employee get back at the boss after almost 2 weeks and advise that effectivity is really 30 days from the time she tendered the resignation (which was not acknowledge).

 

Since employee was acting in good faith, she did not bother to let other people receive the said letter although the resignation is common knowledge in the office.

 

In this scenario, given the boss refusal to receive the resignation because as she said "I wont sign it unless you change the effectivity date to 45 days thereafter" does the employee have a case?

 

Also if the status of an employee is on PROBY and wants to resign, what would be the required # of day prior notice?

[pilipsandiego]

questions sirs,

 

if one won a case for damage in the rtc level, and wants to make an ad in a newspaper stating the court's decision in its full text glory (of course with a disclaimer that the losing party can still appeal the decision or even say that the decision is already on appeal).

 

can it be done?

[bonito99]

help naman oh!!

 

 

Ano ang gusto mong mangyari?

[bonito99]

questions sirs,

 

if one won a case for damage in the rtc level, and wants to make an ad in a newspaper stating the court's decision in its full text glory (of course with a disclaimer that the losing party can still appeal the decision or even say that the decision is already on appeal).

 

can it be done?

 

What for?

 

I suggest that you wait for the final entry of judgment, if no one will appeal the decision.

[azayco]

questions sirs,

 

if one won a case for damage in the rtc level, and wants to make an ad in a newspaper stating the court's decision in its full text glory (of course with a disclaimer that the losing party can still appeal the decision or even say that the decision is already on appeal).

 

can it be done?

 

 

I agree with bonito.

 

A cheaper alternative is to draft a press release and submit it to the paper. The likelihood of the press release seeing print is of course less compared to a paid ad (which is guaranteed).

[cydney_maldita]

may laban po b ako??? kasi pakiramdam ko sobra akong na aragabyado eh

[peithe]

help naman oh!!

 

 

What is difficult in your situation is that there are no documentation or contract whatsoever pertaining to your employement. While most labor rift can be filed with the DOLE for arbitration. I guess given the scenario the most logical would be finding an amicable settlement at the baranggay level. Otherwise the baranggay will have to make an arbitration on your complaint. If you're unhappy, then you could elevate to the DOLE. But given the cost for legal expense if ever, is it worth it? Baka abugado lang ang kumita.

 

That's my 2 cents worth ...

[vagabond]

on my way home, i heard on the am radio that supreme court justice renato (?) puno instituted "changes" in cases concerning debts 100,000 pesos and below, that you dont need a lawyer and can be settled in a day... can anyone clarify?

[azayco]

You can find the SC issuance here.

 

Some first level courts were designated as special courts to handle small claims. Small claims cover money claims amounting to Ps. 100,000 below, excluding interest and costs. Lawyers do not participate and litigants use standard forms available in courts.

 

I haven't read the entire issuance yet, but offhand, I see that this will be good news for credit card companies (as it will lower their collection costs) and bad news for those with credit card debts below Ps. 100,000 (since with the lower costs, hailing them to court now seems a viable option.)

Edited October 19, 2008 by azayco

[cydney_maldita]

i already did that pero ang ginawa ng brgy captain ay nag compute ng total net ng kita ng business ng tita then later told me "sapalagay mo makakapag pasweldo b sya" but my point is obligation nya magpa sweldo or else d na syua dapat nag negosyo, and may capacity naman sya magpa sweldo nagkataon lang talaga na since bagong bukas ang business kaya mejo may kahinaan pa

[ela_bat]

With due respect to peithe, Barangay have no jurisdiction over employer employee controversy. Go to DOLE and ask for help and assistance.

[kix™]

Hello Kix:

 

You said the cooperative filed a case against the awol employee, so this means that the cooperative have legally made a claim against him for the loans obtained by the members and in turn borrowed by him. These members include your friend.

 

If they have already filed the case in Court, then they cannot file another case for the same amount against the borrowers without committing unjust enrichment under the law. As the saying goes they cannot have their cake and eat it too.

 

As long as they are collecting from the awol employee they cannot institute another action for the same obligation against your friend.

 

Sir pol22366 thnx sa info. ngayn lang ako nag online ulit kaya meho delayed sagot ko. Add ko lang, Hindi pa pla nakakacollect yung coop kaya yung frend ko ang gsto deductionan sa kanilang salary. Pwede ba ung ganun? Thanks ulit

[peithe]

With due respect to peithe, Barangay have no jurisdiction over employer employee controversy. Go to DOLE and ask for help and assistance.

 

With due respect also... I guess I've made it clear that going to the baranggay is just to find an amicable settlement. Again, I've indicated that if the Baranggay did not give justice then go to DOLE for arbitration.

 

Why Baranggay first? Well this is a you said me said kinda thing. There was no doumentation of the hiring as well as of the salary to be given. The employer being a relative may easily deny any arrangement made pertaining to employment.

 

As to the comment of the baranggay ... wherein they computed for the income and asked you whether kaya kayang magpasweldo. Well, obligation to pay salary of a hired employee is not dependent whether the firm earns or is actually loosing money.

 

Since documentation of your employment is not present ... you probably need witness to strengthen you case as proof you're indeed "employed" (this is in the absence of an employment contract). Going to DOLE for arbitration is your hope

[Porn Star]

sir here's the scenario..

 

company xxx is di na makapagpasweldo sa employee nya.. then my wife quit.. she didn't surrneder her service car yet kasi may collectible pa syang 300+ thousand sa last pay nya. mejo malabo na syang bayaran. then, now pinapabalik na yung service otherwise irereport na daw as carnap.. they plan to sell the car para may pera daw pampasweldo. we tried to negotiate to offset na lang sa last pay ni mrs. ayaw nila. pano kaya gagawin namin? btw, sa books ng acct wala ng value yung car.

[b_9904]

i already did that pero ang ginawa ng brgy captain ay nag compute ng total net ng kita ng business ng tita then later told me "sapalagay mo makakapag pasweldo b sya" but my point is obligation nya magpa sweldo or else d na syua dapat nag negosyo, and may capacity naman sya magpa sweldo nagkataon lang talaga na since bagong bukas ang business kaya mejo may kahinaan pa

 

resort to blackmail: do you have evidence na namimirata tita mo?

 

if so, then takutin mo na irereklamo mo siya for violation of the optical media act. kung mga microsoft software ang pinirata nyo then go to microsoft as well.

 

anyway, my personal take on it is that: medyo mahal na mag-full blown litigation pa kayo kung 23 days worth lang yan ng sweldo.

 

if nag reklamo ang tita mo about you then harapin mo lang at patunayan na wala kang kinalalaman dyan.

 

i think pride is at stake here eh, i mean YOUR pride over your TITA's. reading your post medyo emotions ang labanan instead of legal.

 

anyway, if you really want to file an action i suggest you go to the PAO if qualified ka.

[jackbrng]

sir here's the scenario..

 

company xxx is di na makapagpasweldo sa employee nya.. then my wife quit.. she didn't surrneder her service car yet kasi may collectible pa syang 300+ thousand sa last pay nya. mejo malabo na syang bayaran. then, now pinapabalik na yung service otherwise irereport na daw as carnap.. they plan to sell the car para may pera daw pampasweldo. we tried to negotiate to offset na lang sa last pay ni mrs. ayaw nila. pano kaya gagawin namin? btw, sa books ng acct wala ng value yung car.

 

my advice is return the car. your wife company's has legal right over the said car. pwede talaga nila itong i-report as carnap. return the car then file a case against the company for non-payment of wages. mas maganda na yung kayo yung nande-demanda kaysa kayo yung i-demanda.

[Porn Star]

my advice is return the car. your wife company's has legal right over the said car. pwede talaga nila itong i-report as carnap. return the car then file a case against the company for non-payment of wages. mas maganda na yung kayo yung nande-demanda kaysa kayo yung i-demanda.

thanx.. got it.. yun nga rin sabi nila eh.. mag file na lang daw kami ng case.

[cydney_maldita]

yeah meron kasi up to now nag ooperate pa yung business pero sabi ng friend ko na tga mtrcb maliit lang daw yung negosyo thou considered na illegal duplication nga yung mga ginagawa nya...sabi nya pumunta ako sa office nila then dapat mag file ako dun...ang prob right now walang wala n akong budget halos malubog ako sa utang haaaay kasi masyado ko inasahan yung pa sweldo nya...

kasi ng mag file kami ng blotter sa kanya normal lang din siguro na gumawa sya ng way like reasons na may nawala sa kanya pero na proved ko naman na wlang nawala sa kanya...bad thing sa kanya kumampi ang lola ko kasi nakakahiya naman daw if ma broadcast si tita na di nagpapa sweldo.... and i think b4 kami nag harap harap sa brgy hall ay nakausap n nila yung chairman sila kasi ang nauna eh..then bigla nagbago yung opinion ng chairman haaaay

[cydney_maldita]

yeah madaming witness including yung mga katabi na establishments esp the clients/customers..thanxxxx and aside from that may written something na iniwan ang tita ko sa brgy na she build the business para kami ( 2 kami na tao nya) ang mag supervise ...sooo how cum na ma de deny pa nya na nag work kami sa kanya