legal Free Legal Advice

[rocco69]

it is possible for you to secure receipts from the BIR just like what doctors do

 

you apply with the BIR as a self-employed (actually you are a mixed employment individual, partly self-employed, partly compensation - but the BIR treats that also as a self-employed individual) professional practitioner. you also apply for receipts with the BIR

 

if you earn more than P550,000 per year, you pay VAT, otherwise you pay 3% on your gross income per month (you'll have to file a return every month - Form 2551M, with the LandBank if you earn every month)

 

 

Good afternoon sirs, i would like to consult for tax matters and i just posted it here parang ito lang kse ang nearest thread about my concern...

 

I am a professional engineer working in a company. but then i have few out-of-office works, that i usually do every weekends. I have a difficultly accepting other projects, especially government projects, because i needed to issue official receipt for their liquidation of my professional fee.

 

Do i need to make a company first and register to SEC or is it possible for me to secure receipts from the BIR just like what doctors do? I heard about vat-registered individuals...was that the right track for me so i can have a receipt booklet from BIR that i can issue to my clients?

 

thanks in advance and i hope our good MTC lawyers can help me...best regards to all!

[stainted]

good afternoon sirs,

 

I'm just curious and concerned.

 

what is the worst thing that your employer can do to you if you made a mistake with no bad faith?

1. can they go after your personal properties or termination lang?

 

My work is risky and the amounts involved are quite high.

 

Thanks!

[HimuraButosay]

meron. kung mapapatunayan mo na imposibleng ma-meet ang target na yan, illegal dismissal yun. ang tanong, ano ang ebidensya mo na imposible siyang ma-meet.

isa pa, kung ipina-alam na sa iyo ang target na ito nung time na na-hire ka as tech support, tapos pumayag ka naman, mahihirapan kang patunayan na imposible ito, otherwise bakit ka pumayag. tsaka, dahil pumayag ka nga, kahit pa imposible ito, pag di mo ito ma-meet, may valid ground na para tanggalin ka (pumayag ka na target yun eh).

 

kung hindi naman ipina-alam sa iyo ang target na ito nung na-hire ka, pwede mo itong i-contest. Good luck sa iyo.

 

 

salamat na marami sa inyong tugon.

[rocco69]

the worst thing an employer can do to you would be to make it appear that you committed a crime, then have you arrested and jailed for it.

 

good afternoon sirs,

 

I'm just curious and concerned.

 

what is the worst thing that your employer can do to you if you made a mistake with no bad faith?

1. can they go after your personal properties or termination lang?

 

My work is risky and the amounts involved are quite high.

 

Thanks!

Edited May 15, 2011 by rocco69

[stainted]

the worst thing an employer can do to you would be to make it appear that you committed a crime, then have you arrested and jailed for it.

thanks boss for the reply, follow up question po sana.

 

I don't think that they will do that. For example, If I approved the release of funds and it turns out that the signature of the depositor was forged (in a bank setting). Aside from terminating me, can they go after my house if they don't go through a criminal proceeding?

 

Thanks in advance!

[virtuoso2022]

it is possible for you to secure receipts from the BIR just like what doctors do

 

you apply with the BIR as a self-employed (actually you are a mixed employment individual, partly self-employed, partly compensation - but the BIR treats that also as a self-employed individual) professional practitioner. you also apply for receipts with the BIR

 

if you earn more than P550,000 per year, you pay VAT, otherwise you pay 3% on your gross income per month (you'll have to file a return every month - Form 2551M, with the LandBank if you earn every month)

 

Sir Rocco thanks a lot for this explanation. Mabuhay!

[rocco69]

if, aside from terminating you, they want to file a civil case to claim compensation from you, then they can do so (ala naman pumipigil sa kanila upang gawin yun). whether it will prosper will depend on the circumstances.

 

thanks boss for the reply, follow up question po sana.

 

I don't think that they will do that. For example, If I approved the release of funds and it turns out that the signature of the depositor was forged (in a bank setting). Aside from terminating me, can they go after my house if they don't go through a criminal proceeding?

 

Thanks in advance!

[jopok]

1. saan ba dapat manggagaling ang pambayad sa abogado ng union sa pagtatapos ng usapin ng CBA? at magkano or ilang porsyento?

 

Ayun sa Art. 222( ng Labor Code:

 

No attorney’s fees, negotiation fees or similar charges of any kind arising from any collective bargaining agreement shall be imposed on any individual member of the contracting union: Provided, However, that attorney’s fees may be charged against union funds in an amount to be agreed upon by the parties. Any contract, agreement or arrangement of any sort to the contrary shall be null and void.

 

Ayun din sa Art. 241(o):

 

Other than for mandatory activities under the Code, no special assessments, attorney’s fees, negotiation fees or any other extraordinary fees may be checked off from any amount due to an employee without an individual written authorization duly signed by the employee. The authorization should specifically state the amount, purpose and beneficiary of the deduction; and

 

Lumalabas na ang pera ng unyon ang dapat na ipambayad sa abugado, hindi ang perang makukuha sa kumpanya bilang benefit ng empleyado sa ilalim ng CBA (unless papayag ang empleyado sa pamamagitan ng isang resolution na aaprubahan ng mayorya ng miyembro sa isang meeting at gagawa siya ng individual written authorization)

 

 

2. ang central organization ba kung saan kasama ang union ay may parte sa makukuha sa CBA?

 

ayun din sa Art. 241(n):

 

No special assessment or other extraordinary fees may be levied upon the members of a labor organization unless authorized by a written resolution of a majority of all the members in a general membership meeting duly called for the purpose. The secretary of the organization shall record the minutes of the meeting including the list of all members present, the votes cast, the purpose of the special assessment or fees and the recipient of such assessment or fees. The record shall be attested to by the president.

 

lumalabas na ganun din ang requirement para makakuha ng pera ang national organization kung saan affiliated ang unyon - kung papayag ang empleyado sa pamamagitan ng isang resolution na aaprubahan ng mayorya ng miyembro sa isang meeting at gagawa siya ng individual written authorization

 

 

thanks for the reply,i ask some of our union officers about the issue and they said that the deduction was approved by the members(unions of companies)of the federation when they had their assembly or meeting sometime ago,,though it was not implemented before in our previous CBA by the previous union president,,and since we have anew leader(president) they sat that its about time that it (10% deduction from the signing bonus as attorneys fee,1,400 strong X php 3,100)should be implemented,illegal pa din ba ito,,?

[rocco69]

illegal pa din ba ito?

 

looks like it. approval by members of the federation IS NOT APPROVAL BY UNION MEMBERS. Plus, no individual written authorization by each union member. However, I suggest you go to DOLE and ask for advice on this (they would be the experts on labor matters, so you'd be getting advice straight from the horse's mouth).

 

thanks for the reply,i ask some of our union officers about the issue and they said that the deduction was approved by the members(unions of companies)of the federation when they had their assembly or meeting sometime ago,,though it was not implemented before in our previous CBA by the previous union president,,and since we have anew leader(president) they sat that its about time that it (10% deduction from the signing bonus as attorneys fee,1,400 strong X php 3,100)should be implemented,illegal pa din ba ito,,?

Edited May 19, 2011 by rocco69

[erika123]

Simple lang ang tanong ko.

If somebody (who owes our company) is selling us their condo in exchange of their loan, who shoulders the transfer tax, doc stamps, notarial fee and registration fee? Magkano ba mga yun?

Thank you.

[rocco69]

1. who shoulders the transfer tax, doc stamps, notarial fee and registration fee?

 

kung sino ang mapagkasunduan niyo na magbabayad, i.e. kung pumayag kayo na charge sa inyo, eh di kayo ang magbabayad, kung mapagkasunduan nyo naman na charge sa may utang sa inyo, eh di sila ang magbabayad. In other words, nasa usapan nyo yan.

 

2. Magkano ba mga yun?

 

Transfer Tax - 0.5% of the selling price, or zonal value or fair market value, which ever is higher.

Documentary Stamp Tax - 1.5% of the selling price or zonal value or fair market value, which ever is higher.

Registration Fee - 0.25% of the selling price, or zonal value or fair market value, which ever is higher.

Capital Gains Tax equivalent to 6% of the selling price on the Deed of Sale or the zonal value, whichever is higher (Withholding Tax if the seller is a corporation)

Unpaid real estate taxes due (if any)

 

Simple lang ang tanong ko.

If somebody (who owes our company) is selling us their condo in exchange of their loan, who shoulders the transfer tax, doc stamps, notarial fee and registration fee? Magkano ba mga yun?

Thank you.

[petrovski]

Mga atty, patanong po. I drive a motorcycle that is registered to a dead relative. It was sold to me by the mother for sentimental reasons. To date, it is still registered under the dead relative's name. My question is: in check points, can the police question why I am driving a motorcycle which is not under my name? If that is their argument, they should be arresting all jeepney drivers right?

[jopok]

illegal pa din ba ito?

 

looks like it. approval by members of the federation IS NOT APPROVAL BY UNION MEMBERS. Plus, no individual written authorization by each union member. However, I suggest you go to DOLE and ask for advice on this (they would be the experts on labor matters, so you'd be getting advice straight from the horse's mouth).

 

last na po ito,,tama ba o legal ba na ang federation ang magtatakda kung magkano ang kukunin nila sa union affiliates at member ng bawat company union sa pagtatapos ng CBA,ano ang basis dito?ano batas ang nagbabawal naman dito?

[cbotc]

Our company (small family business lang) driver aged mid 50s got involved in three road accidents in a span of two weeks. He has been with the company for about twelve years. What is the best way to let him go - separate him or retire him? We didn't think of firing him, thinking his age is getting the better of this performance. And another question is what does the law provide for separation pay? retirement pay?

 

Thanks po.

[evilson]

Mga bro, ask ko lang problem ko

 

last year kasi, yung opisina namin nagkakaso so pati mga office staff like me is nadamay, at nagkaroon kami ng hold departure order sa imigration (kaya di ako makalabas ng bansa ngayon). but last week ko lang nalaman na abswelto kami sa fiscal level, ang question ko is pano ko ipapalift yung hold departure order sakin at kakaylanganin ko ba ng attorney dito at magkano magagastos ko dito?note: wala pa sakin yung reso

 

 

[jopoc]

Mga bro, ask ko lang problem ko

 

last year kasi, yung opisina namin nagkakaso so pati mga office staff like me is nadamay, at nagkaroon kami ng hold departure order sa imigration (kaya di ako makalabas ng bansa ngayon). but last week ko lang nalaman na abswelto kami sa fiscal level, ang question ko is pano ko ipapalift yung hold departure order sakin at kakaylanganin ko ba ng attorney dito at magkano magagastos ko dito?note: wala pa sakin yung reso

 

 

nagtataka lang ako kung papaano ka nagkaroon ng HDO kung sa fiskal level lang kaso mo. dapat Watchlist order lang. korte (RTC) lang at DOJ sec (upon request ng government agency) pwede mag-issue ng HDO. so kung fiskal level lang yan, meaning PI, baka watchlist order lang yan.

 

 

at any rate, kung WLO lang yan, ang validity nyan ay 60 days from filing, unless extended.

what you can do is to check sa computer section ng BI kung valid pa yung WLO mo.

 

 

pero dahil walang silbi ang DOJ at BI natin, kadalasan hindi nila aalisin yan kahit lampas na ng 60 days. so for your own benefit, heto ang gawin mo:

 

 

sumulat ka sa DOJ secretary, which should be under oath (meaning, notarized letter), sabihin mo yung status ng kaso mo. kung dismised na, attach ka ng certified true copy ng resolution dismissing your case. make sure na may receiving copy ka. then wait ka na lang ng order from the DOJ sec lifting the WLO. it helps kung magfollow-up ka every now and then.

[evilson]

nagtataka lang ako kung papaano ka nagkaroon ng HDO kung sa fiskal level lang kaso mo. dapat Watchlist order lang. korte (RTC) lang at DOJ sec (upon request ng government agency) pwede mag-issue ng HDO. so kung fiskal level lang yan, meaning PI, baka watchlist order lang yan.

 

 

at any rate, kung WLO lang yan, ang validity nyan ay 60 days from filing, unless extended.

what you can do is to check sa computer section ng BI kung valid pa yung WLO mo.

 

 

pero dahil walang silbi ang DOJ at BI natin, kadalasan hindi nila aalisin yan kahit lampas na ng 60 days. so for your own benefit, heto ang gawin mo:

 

 

sumulat ka sa DOJ secretary, which should be under oath (meaning, notarized letter), sabihin mo yung status ng kaso mo. kung dismised na, attach ka ng certified true copy ng resolution dismissing your case. make sure na may receiving copy ka. then wait ka na lang ng order from the DOJ sec lifting the WLO. it helps kung magfollow-up ka every now and then.

 

saang website po ba malalaman yun?

[jopok]

mga attorneys ng MTC,ask ko lang po,sana masagot agad..ang isang resolution ba,,regarding special assesment and check off ng Federation at inadopt ng Union ay mananaig ba sa itinatakda ng batas ng paggawa? pwede bang ishort cut sa pamamagitan ng isang resolution na pinilit na ngayon ipasa, ang magiging check off,atty fee,special assesment sa susunod na CBA 3 tatlong buhat ngayon 2014-2015? sana matugunan po ninyo,

[chantal777]

Hi!

 

I have a question that is a bit urgent in nature...

When can you legally demand a separation pay?

 

Company is restructuring and my current work position MIGHT become irrelevant.

 

 

[redblack]

Hi!

 

I have a question that is a bit urgent in nature...

When can you legally demand a separation pay?

 

Company is restructuring and my current work position MIGHT become irrelevant.

 

As provided in the Labor Code,

 

ARTICLE 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

 

ARTICLE 284. Disease as ground for termination. – An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

 

Any of the situations enumerated above would allow you to collect separation pay. NOTE, that the employer must comply with the procedures provided in the first sentence of Art. 283, meaning the notice requirement on employees and the DOLE.

[rocco69]

haaay!

 

alin ang mas mataas, resolution o batas?

kung alin ang mas mataas, yun ang mananaig.

 

mga attorneys ng MTC,ask ko lang po,sana masagot agad..ang isang resolution ba,,regarding special assesment and check off ng Federation at inadopt ng Union ay mananaig ba sa itinatakda ng batas ng paggawa? pwede bang ishort cut sa pamamagitan ng isang resolution na pinilit na ngayon ipasa, ang magiging check off,atty fee,special assesment sa susunod na CBA 3 tatlong buhat ngayon 2014-2015? sana matugunan po ninyo,

[chantal777]

As provided in the Labor Code,

 

ARTICLE 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

 

ARTICLE 284. Disease as ground for termination. – An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

 

Any of the situations enumerated above would allow you to collect separation pay. NOTE, that the employer must comply with the procedures provided in the first sentence of Art. 283, meaning the notice requirement on employees and the DOLE.

 

 

 

Thank you for this. Very helpful.

 

Just a few more follow-up questions: Given that the management has decided to restructure and has made my position redundant, if I quit, will I still be entitled to a separation pay? Or do I have to wait for them to come up with a formal announcement? If they offer me a new position, which I don't like (since its not part of the original agreement we had when I took on the position or will not give me career fulfillment), if I turn it down, will I still be entitled to a separation pay?

 

 

 

 

[jpatricks1]

Good day sirs, Have a few questions about the labor code.

 

I work in a call center and recently they enforced a new metric - adherence - meaning you have to follow your prescribed break schedules. Let's say your break is at 10-10:15am lunch at 2-3pm etc.

 

However you can't really predict when a call will come in or end. So if you're supposed to have your break at 10am but if you're in a call and the ends at 10:10 you only have 5 minutes of your break left. If you're not back by 10:15 you will be breaking the adherence policy and there will be a corresponding penalty.

 

Another policy they have is that by the time your shift starts. You should be ready to take calls. However some computers can be really slow and setting up the systems and tools necessary can take some time.

 

So for example your shift starts at 8am and you get to work 5 minutes before you shift. Because it takes some time for you to setup your pc you only start taking calls by 8:15. You will be tagged as tardy and your pay deducted accordingly.

 

Appreciate your insight sirs thanks!

[Arneeious]

Good day sirs, Have a few questions about the labor code.

 

I work in a call center and recently they enforced a new metric - adherence - meaning you have to follow your prescribed break schedules. Let's say your break is at 10-10:15am lunch at 2-3pm etc.

 

However you can't really predict when a call will come in or end. So if you're supposed to have your break at 10am but if you're in a call and the ends at 10:10 you only have 5 minutes of your break left. If you're not back by 10:15 you will be breaking the adherence policy and there will be a corresponding penalty.

 

Since performing your duty encroached into and reduced your break time, it's only reasonable that your break time be adjusted accordingly. A company's right to establish rules is not absolute. The rules must, among other things, be reasonable.

 

Another policy they have is that by the time your shift starts. You should be ready to take calls. However some computers can be really slow and setting up the systems and tools necessary can take some time.

 

So for example your shift starts at 8am and you get to work 5 minutes before you shift. Because it takes some time for you to setup your pc you only start taking calls by 8:15. You will be tagged as tardy and your pay deducted accordingly.

 

Appreciate your insight sirs thanks!

 

If the reason for the delay in getting ready to take calls is the company equipment then you shouldn't be tagged as delay. Of course, the company can always say that if it takes 15mins to get the computer ready then you should get to your station 15mins early.

[rocco69]

1. if I quit, will I still be entitled to a separation pay?

 

No. You RESIGNED. Resignation = no separation pay. Ergo, wait until they terminate you. Termination for authorized cause = separation pay (except for closure due to business losses)

 

 

2. If they offer me a new position, which I turn down, will I still be entitled to a separation pay?

 

Re-assignment of an employee to a new position (if there is no reduction in pay and other benefits) is a management prerogative. Refusal to comply would be insubordination, which justifies the termination of an employee. Insubordination = just grounds for removal = no separation pay.

 

Thank you for this. Very helpful.

 

Just a few more follow-up questions: Given that the management has decided to restructure and has made my position redundant, if I quit, will I still be entitled to a separation pay? Or do I have to wait for them to come up with a formal announcement? If they offer me a new position, which I don't like (since its not part of the original agreement we had when I took on the position or will not give me career fulfillment), if I turn it down, will I still be entitled to a separation pay?