legal Free Legal Advice

[rocco69]

1. what or who could initiate the action needed to protect said funds?

 

this is a matter internal to the union. you have to look at the Constitution and By-laws of the union as to what needs to be done on this matter. if all these fail, that is the time you can go to DOLE's Bureau of Labor Relations.

 

2. if the company declares a lockout, does these mean it will ceased to operate?

 

yung lockout, parang strike din, yun nga lang yung kumpanya ang may kagagawan. walang trabaho ang mga taga-unyon, pero tuloy ang operasyon (mga hindi miyembro ng unyon ang tuloy ang trabaho). as you said, "company continue to operate with contractual and agency workers as workforce".

 

3. kung hindi pala magkaroon ng panibagong official ang union sa pagtatapos ng termino ng mga dating opisyal..maari bang madisolve ang union o di ito kilalanin ng kumpanya(dahil walang lider)?

 

hindi madidissolve ang union dahil lang wala pang officials; pero may basehan ang kumpanya na di makipag-negotiate hanggang walang opisyal ang union.

 

thank you sir rocco..a lot had happen since i post this question...the federation where the union belongs refuse to call for an election for a new set of officials .maybe in sympathy of the terminated ones,,or even direct/appoint an ad hoc committe to bargain with the company in relation to the cba nego..the federation wanted the company to first returned the terminated official before sitting for negotiation..the thing is the terminated officials term of office is set to expire come september 2014..another thing these former official still continue to have access to the union funds because they hold the passbook and are still the signatories of the account..what or who could initiate the action needed to protect said funds...if the company declares a lockout.does these mean it will ceased to operate?removed all employees whether regular.contractuals and agency worker?or just the regular employees be affected by the declaration of lockout and company continue to operate with contractual and agency workers as workforce(if ever lang naman)..salamat sa pagsagot at pagbibigay ng panahon.....at kung hindi pala magkaroon ng panibagong official ang union sa pagtatapos ng termino ng mga dating opisyal..maari bang madisolve ang union o di ito kilalanin ng kumpanya(dahil walang lider)

[vkalbos]

If a sales man working about 5-6 years and a regular employee tas dumating na yung twilight of sales performance and the management decided to let her/him go by means of resignation, may habol ba as regular employee?

 

May mga options kaya?

 

TIA

[jopok]

thanks sir rocco

[rocco69]

1. may habol ba as regular employee?

 

kug nagresign siya, wala

 

2. May mga options kaya?

 

wag siya magresign, hintay siya tanggalin siya or offeran siya ng magandang severance package

 

If a sales man working about 5-6 years and a regular employee tas dumating na yung twilight of sales performance and the management decided to let her/him go by means of resignation, may habol ba as regular employee?

 

May mga options kaya?

 

TIA

[oric91]

Good day, ask ko lang about the article below, this was filed by unionized employees and retirees, kasama ba sa ruling ang mga non-unionized employees at retirees na hindi nag-file? Thanks.

 

 

 

CA affirms Coke workers’ bonus claims

 

THE Court of Appeals (CA) has ruled that the practice of giving yearly bonuses to employees, aside from their 13th-month pay, can no longer be withdrawn once it has ripened into a “company practice.”

 

Thus, the appellate court denied the petition filed by Coca-Cola Bottlers Philippines Inc. (CCBPI) seeking to reverse the decision issued by the National Labor Relations Commission (NLRC), which upheld the claim of its regular rank-and-file employees for the payment of their bonuses equivalent to their monthly pay from 2008 to 2010.

[fallguy]

2. May mga options kaya?

 

wag siya magresign, hintay siya tanggalin siya or offeran siya ng magandang severance package

 

itong mga ganitong offer po ba, 1 month salary x length of service po ba ang katumbas or half month lang po? ang mga naririnig ko po kc ay half month lang daw po, tia

[rocco69]

ang 1/2 month salary for every year of service ay para sa:

 

i. retrenchment to prevent losses

ii. closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses

iii. 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

 

ang bayad ay one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher.

 

It ay alinsunod sa Art. 283 at 284 ng Labor Code na nagsasabi:

 

Art. 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.

 

Art. 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.

 

2. May mga options kaya?

 

wag siya magresign, hintay siya tanggalin siya or offeran siya ng magandang severance package

 

itong mga ganitong offer po ba, 1 month salary x length of service po ba ang katumbas or half month lang po? ang mga naririnig ko po kc ay half month lang daw po, tia

[rocco69]

it depends on the wording of the Decision. you need to look at the Decision.

 

Don't worry though, di mo pa makukuha yan, at siguradong iaapela yan sa Supreme Court at malaking halaga ang involved, mga ilang taon pa ulit yan.

 

Good day, ask ko lang about the article below, this was filed by unionized employees and retirees, kasama ba sa ruling ang mga non-unionized employees at retirees na hindi nag-file? Thanks.

 

 

 

CA affirms Coke workers’ bonus claims

 

THE Court of Appeals (CA) has ruled that the practice of giving yearly bonuses to employees, aside from their 13th-month pay, can no longer be withdrawn once it has ripened into a “company practice.”

 

Thus, the appellate court denied the petition filed by Coca-Cola Bottlers Philippines Inc. (CCBPI) seeking to reverse the decision issued by the National Labor Relations Commission (NLRC), which upheld the claim of its regular rank-and-file employees for the payment of their bonuses equivalent to their monthly pay from 2008 to 2010.

[oric91]

it depends on the wording of the Decision. you need to look at the Decision.

 

Don't worry though, di mo pa makukuha yan, at siguradong iaapela yan sa Supreme Court at malaking halaga ang involved, mga ilang taon pa ulit yan.

 

 

Thanks Sir.

[zyxel09]

hi good afternoon po, I'm having problems with my mother who is always nagging and bragging which makes my life miserable, my mother is not a filipino citizen which is considered alien I think, I'm 21 years old, what legal charges can I consider to make my life much better. thank you

[DivineDeath]

hi good afternoon po, I'm having problems with my mother who is always nagging and bragging which makes my life miserable, my mother is not a filipino citizen which is considered alien I think, I'm 21 years old, what legal charges can I consider to make my life much better. thank you

 

Oral Defamation....

[gulaman]

magandang gabi po, anong kaso at anong penalties ang kahaharapin ko kung sakaling di ko natupad ang isang contrata? like...after bigyan ako ng libreng training with allowance, kailangan kong magserbisyo for 3 years, kung di ko tinapos ang 3 taon, ano ang legal action na kahahantungan nito, hindi na ba ko makakalabas ng bansa? salamat.

 

*pwede ko bang bayaran nalang ang natitira pa sanang taon at buwan na ilalagi ko sana?

[jazon7099]

Mga legal illuminaries sirs, sana mabigyan nyo po kmi ng legal na kaliwanagan sa problem po namin.

Ung municipal bureau of fire po ay sumulat sa isang kampo po at ngdedemand xa na mgbayad ang kampo (philippine army camp) ng mga building fees at ibang fees under the fire code at building code. Ano po pwede namin gawin considering na ang philippine army ay under ng department of national defense?

[zyxel09]

Oral Defamation....

 

thank you po

[Pinoymale]

magandang gabi po, anong kaso at anong penalties ang kahaharapin ko kung sakaling di ko natupad ang isang contrata? like...after bigyan ako ng libreng training with allowance, kailangan kong magserbisyo for 3 years, kung di ko tinapos ang 3 taon, ano ang legal action na kahahantungan nito, hindi na ba ko makakalabas ng bansa? salamat.

 

*pwede ko bang bayaran nalang ang natitira pa sanang taon at buwan na ilalagi ko sana?

 

Breach of contract lang yan so civil complaint lang ang pwede i-file laban sayo, hinde criminal case. Hinde affected ang pag-abroad mo. Damages (actual, exemplary, etc.) ang pwede habulin sayo. Basahin mo ang contract na pinirmahan mo, malamang nakalagay dun kung ano penalties kung hinde ka tumupad sa usapan.