legal Free Legal Advice

[tambolero]

Thank you very much.

 

 

I think you should still try to talk to your wife about the possibility of adopting the child. I'm helping a friend now who's in a similar situation. He's married with a family who also got a woman pregnant. The child was around 7yrs old when the woman died and my friend wanted to adopt him. After thinking it over, the wife agreed because she felt sorry for the kid (he had no one to take care of him) and didn't want the kid to suffer for my friend's affair. It also helped that my friend's son and the kid got along well.

[ej_qn]

Hi. This happened last week with a female colleague of mine. She was away from work due to illness but while she was away one of her "enemies" at work filed an incident report against her and also verbally reported the "infractions" against her to the HR Manager. I was there and know for a fact that those allegations are untrue. Of course to be fair I informed her that an IR was sent against her. Here's where it got confusing.... when she returned to work she was asking the IR documentation from Human Resources because she's planning to file a civil case against the complainant for libel, slander, derogatory remarks..etc. BUT.. HR didn't want to give the said IR documentation because according to them that's "company property" ??? What the heck?! Can the company do that? I mean logically speaking kung may nangyaring more grave incident like sexual harassment pala sa loob ng office at nag file ka ng IR eh di mo rin pala pwede pahawakan mga dokumento mo to be used in court?

[ej_qn]

follow up question din po sir/maam. My friend works sa isang BPO(call center).. he was assigned to one account but had to leave because there was a death in the family. He was reinstated but to a different account... the account he went to had a lower salary but he disputed that he should retain his old salary which is a lot higher and is mandated by labor code. Nakuha ng friend ko yung basic niya dati but the benefits of the account he went to he didn't get. When he showed me his contract I found something questionable.. on page 1 it just said 2k non tax benefits but on page 2 it says a TOTAL of 5k non-tax benefits so he brought this up w/ DOLE. Nagkaroon ng hearing pero unfortunately parang ang dinahilan daw ng respondent from the company is "nagkaroon ng typographical error on the contract and we'll edit that!" Diba po once a contract has been signed eh binding na po yun?! The only things I know they can change in the contract pag may typo error is yung name, date. Pero in terms of policy and benefits parang ang habang typo error naman yun.. isang buong paragraph!? Kasi on his old account my friend only had a max of 1.5k non tax benefits but on the new account it's 5k, ang laking bagay din yun. My question now is, Pwede ba i edit yung contract since it's signed.. ironclad agreement na eh. And 2nd.. pwede ba gawing "reason" na nagka error sa contract??? Considering the contract is always reviewed before being printed in triplicate before giving it to the employee. Does the company have the right to exclude the benefits of my friend from his new account? Diba ang sa batas ng labor code eh the employer should give the employee the higher salary and the better benefit?

 

Salamat po.

[moridins79]

Hi. This happened last week with a female colleague of mine. She was away from work due to illness but while she was away one of her "enemies" at work filed an incident report against her and also verbally reported the "infractions" against her to the HR Manager. I was there and know for a fact that those allegations are untrue. Of course to be fair I informed her that an IR was sent against her. Here's where it got confusing.... when she returned to work she was asking the IR documentation from Human Resources because she's planning to file a civil case against the complainant for libel, slander, derogatory remarks..etc. BUT.. HR didn't want to give the said IR documentation because according to them that's "company property" ??? What the heck?! Can the company do that? I mean logically speaking kung may nangyaring more grave incident like sexual harassment pala sa loob ng office at nag file ka ng IR eh di mo rin pala pwede pahawakan mga dokumento mo to be used in court?

 

well, technically, HR files belong to the company. however, there are other means to establish the elements of libel. does she know people willing to execute affidavits? if the HR files are the only means of establishing the case, you can have the court subpoena the necessary documents. you will still need to have the person who made the report or who heard the narration of the "enemy" testify though.

 

incidentally, why is she only filing a civil case?

[moridins79]

follow up question din po sir/maam. My friend works sa isang BPO(call center).. he was assigned to one account but had to leave because there was a death in the family. He was reinstated but to a different account... the account he went to had a lower salary but he disputed that he should retain his old salary which is a lot higher and is mandated by labor code. Nakuha ng friend ko yung basic niya dati but the benefits of the account he went to he didn't get. When he showed me his contract I found something questionable.. on page 1 it just said 2k non tax benefits but on page 2 it says a TOTAL of 5k non-tax benefits so he brought this up w/ DOLE. Nagkaroon ng hearing pero unfortunately parang ang dinahilan daw ng respondent from the company is "nagkaroon ng typographical error on the contract and we'll edit that!" Diba po once a contract has been signed eh binding na po yun?! The only things I know they can change in the contract pag may typo error is yung name, date. Pero in terms of policy and benefits parang ang habang typo error naman yun.. isang buong paragraph!? Kasi on his old account my friend only had a max of 1.5k non tax benefits but on the new account it's 5k, ang laking bagay din yun. My question now is, Pwede ba i edit yung contract since it's signed.. ironclad agreement na eh. And 2nd.. pwede ba gawing "reason" na nagka error sa contract??? Considering the contract is always reviewed before being printed in triplicate before giving it to the employee. Does the company have the right to exclude the benefits of my friend from his new account? Diba ang sa batas ng labor code eh the employer should give the employee the higher salary and the better benefit?

 

Salamat po.

 

In general, contract modifications require the agreement of all parties to the contract. The BPO’s claim that the contract contains a typographical error and is not the true intent of the parties deserves scant consideration.  This is assuming that the contract between the parties were entirely drafted, finalized and notarized by the BPO and is, thus, a contract of adhesion.  Being a contract of adhesion, your friend's only role was to sign the same.

[doofy88]

follow up question din po sir/maam. My friend works sa isang BPO(call center).. he was assigned to one account but had to leave because there was a death in the family. He was reinstated but to a different account... the account he went to had a lower salary but he disputed that he should retain his old salary which is a lot higher and is mandated by labor code. Nakuha ng friend ko yung basic niya dati but the benefits of the account he went to he didn't get. When he showed me his contract I found something questionable.. on page 1 it just said 2k non tax benefits but on page 2 it says a TOTAL of 5k non-tax benefits so he brought this up w/ DOLE. Nagkaroon ng hearing pero unfortunately parang ang dinahilan daw ng respondent from the company is "nagkaroon ng typographical error on the contract and we'll edit that!" Diba po once a contract has been signed eh binding na po yun?! The only things I know they can change in the contract pag may typo error is yung name, date. Pero in terms of policy and benefits parang ang habang typo error naman yun.. isang buong paragraph!? Kasi on his old account my friend only had a max of 1.5k non tax benefits but on the new account it's 5k, ang laking bagay din yun. My question now is, Pwede ba i edit yung contract since it's signed.. ironclad agreement na eh. And 2nd.. pwede ba gawing "reason" na nagka error sa contract??? Considering the contract is always reviewed before being printed in triplicate before giving it to the employee. Does the company have the right to exclude the benefits of my friend from his new account? Diba ang sa batas ng labor code eh the employer should give the employee the higher salary and the better benefit?

 

Salamat po.

Is your friend regular or contractual employee? anyway.

 

On your first question whether a signed contract can be edited, I would agree to Sir moridins79 it can be modified / edited as long as both parties agreed. There are also remedy provided by law when their true intention is not expressed in the contract which maybe brought by reason of fraud, mistake, inequitable contract or accident. One party may ask for reformation of instrument or contract which will require court action.

 

As for your second question error in contract may be used as a reason, in my opinion is it can be. It is possible that some portions of the contract maybe overlooked by the drafter even after several reviews of the contract, a book you bought may contain typo errors even if that book underwent several proof readings. Although the law does not always look in favor of the one who drafted the contract.

 

As for your third question whether a company has rights to exclude the benefits of your friend. My opinion is I depends.. If it is a long term practice made by their company to give benefits such as the one your friend received to all their employees my answer is, no the company cannot simply exclude it. However if such benefit is given only for a particular time or season, my answer will be the opposite. As for salary my opinion is, your friend must demand for salary similar not necessary higher than his/ her salary on his/ her previous account.

 

Hope it helps. Have a good day.

[Spank_me_then]

tanong lang: the local company i work for had business with a taiwan company. kumbaga outsourcing services. yung commission na babayaran ng local sa taiwan company subject sa withholding tax?

 

thank you!

[rapturousone]

tanong lang: the local company i work for had business with a taiwan company. kumbaga outsourcing services. yung commission na babayaran ng local sa taiwan company subject sa withholding tax?

 

thank you!

 

When a Philippine company transacts with and pays income to a nonresident, the liability of the nonresident to pay Philippine income tax, if any, is shifted to the Philippine company. The Philippine company becomes the withholding agent of the BIR. This is because income payment to a nonresident that is subject to Philippine income tax is subject to a final withholding tax which becomes the liability of the Philippine company.

 

A non-resident foreign corporation is generally taxable at 32% on gross income from Philippine sources. However, significant relief may however be enjoyed in terms of lower tax rates or exemptions if the payee corporation is a resident of a country with which the Philippines has a tax treaty. In your case, you need to look at the RP-Taiwan Double Taxation Treaty which may provide for a reduce rate or even an exemption from Philippine income tax if the Taiwanese corporation has no "permanent establishment" in the Philippines, as defined in the treaty. You should also look if the Treaty has a most-favored nation's clause that can be invoked to get the benefit of a lower tax rate in another Double Taxation Treaty.

 

However, to avail of the benefits of a Double Taxation Treaty, the Philippine company needs to file an application with the BIR's International Tax Affairs Division.

[Arneeious]

Good evening, can a company refuse an employee's letter of resignation?

[FrankMartin]

Hi! Sir/Ma'am,

 

 

Here's my story, yung kapatid ko kasi nagkaanak dun sa bf nya pero di sila kasal pero nilakad yung papel para maging surname ng bata is yung surname ng tatay nya at first magaling at nasusuportahan nya financially yung pamangkin ko then all of a sudden hindi na umuwi ng bahay yung lalakeng g*go.. Dapat ba talagang suportahan financially ng lalakeng t*rant*do yung pamangkin ko? kasi ako na halos yung umaako ng responsibilidad imbes na yung tatay nung bata kahit hindi na sa kapatid ko tutal magkahiwalay naman sila at buti na lang hindi sila nagpakasal. Hindi kasi ako familiar sa mga child custody at mga support na dapat ibigay ng isang tatay sa isang anak kahit hindi sila magkasama..

 

Thanks in advance.

[rocco69]

obligasyon ng magulang na suportahan ang anak.

 

kung me trabaho naman si lalake, maaari siyang obligahin na magbigay ng suporta sa kanyang anak.

 

magkano ba ang kailangan ng bata? Sa halagang yan, dapat 50-50 sila ng kapatid mo (kung kaya nilang sagutin pareho yung halaga).

 

kakailanganin nyong magdemand kay lalaki na magbigay siya ng suporta. sulatan nyo at ipa-receive ng personal para maganda.

 

kung di tumalima, sampahan nyo ng kasong kriminal (child abuse, o di-kaya'y violence against women). Alam na sa barangay yan, dun kayo magpatulong. Dahil me kulong ang isinampa nyong kaso, mas malamang sa hindi, makikipag-areglo yan. Solved ang problema!

 

 

 

 

Hi! Sir/Ma'am,

 

 

Here's my story, yung kapatid ko kasi nagkaanak dun sa bf nya pero di sila kasal pero nilakad yung papel para maging surname ng bata is yung surname ng tatay nya at first magaling at nasusuportahan nya financially yung pamangkin ko then all of a sudden hindi na umuwi ng bahay yung lalakeng g*go.. Dapat ba talagang suportahan financially ng lalakeng t*rant*do yung pamangkin ko? kasi ako na halos yung umaako ng responsibilidad imbes na yung tatay nung bata kahit hindi na sa kapatid ko tutal magkahiwalay naman sila at buti na lang hindi sila nagpakasal. Hindi kasi ako familiar sa mga child custody at mga support na dapat ibigay ng isang tatay sa isang anak kahit hindi sila magkasama..

 

Thanks in advance.

Edited July 30, 2012 by rocco69

[rocco69]

YES, kung gusto ba nilang tanggihan eh.

 

Kaya lang, hindi mapipilit yung empleyado na pumasok pa rin. Yun ay magiging katumbas ng slavery, bawal!

Alalahanin mo nga lang na kapag walang matibay na dahilan yung pagbibitiw at walang tamang abiso sa employer, maaaring habulin ng danyos perwisyos ang empleyado. Hindi nga siya mapipilit na ipagpatuloy ang pagtratrabaho sa kumpanya, pero maari siyang pagbayarin ng danyos (yun nga lang, mas malamang sa hindi, hindi na naghahabol ang kumpanya at mas malaki yung gagastusin sa abugado kesa dun sa makukuhang danyos mula sa empleyado)

 

Good evening, can a company refuse an employee's letter of resignation?

[ambrosio]

Hi mga boss,

 

Just want to ask if there are any laws prohibiting video arcades (yung ps2 na hinuhulugan ng piso)?

 

Balak ko po sana kasi magpatakbo ng ganitong negosyo, 1 unit lang naman.

 

Thank you!

[japlog]

May issue lang po na gustong i consult...

 

ang uncle(kapatid ng mother ko) namatay recently and he had no family nor dependents.

he has two major properties.

 

question #1 : kanino po ba pwede mapunta un said properties? Paano po ang sharing nito? as far as i know wala naman po written will un uncle ko.

 

question #2 : nag issue ko pa kasi un uncle ko ng SPA to one of his sisters. un SPA po ba e valid pa din even after the death ng uncle ko?

if answer is yes, does my aunt have the legal right/access to transfer all his properties to my aunt's name(with the SPA)?

[rocco69]

#1 kung nabubuhay pa ang magulang ng uncle mo (lolo at lola mo) mapupunta yung property sa kanila.

 

Kung wala na ring magulang ang uncle mo, mapupunta ang property sa mga kapatid niya (kung full blood brothers and sisters ito, pare-pareho share nila)

 

#2 nung mamatay ang uncle mo, at ng malaman ito ng aunt mo na nabigyan ng SPA, wala nang bisa ang SPA.

 

Wala rin cyang karapatan na ilipat sa pangalan lng nia yung properties dahil hindi lng siya ang nagmana nito (see answer to #1)