legal Free Legal Advice

[Roubaix]

 

I received my regular appointment last July 21, 2021 stating that from October 21, 2019 to June 21, 2020 I have demonstrated a commendable work performance. But last September 25, 2020 they gave me a PIP (Performance Improvement Plan) and that I should improve within 60 days or they will terminate my employment status. Also after the meeting and plans has been submitted our HR Manager advice me to do a voluntary resignation since they already hired a replacement for me. In good faith for our HR manager I did what she advice I submitted a voluntary resignation and ask for a package of assistance with equivalent of 3 months of my salary. But when she gave me the acceptance letter for my resignation she told me that the package was not approve and I will only receive my last pay. So I withdraw my resignation and she offer me again this time they add a little amount.

This is getting stressful every day.

My question is, can they terminate me on the basis if I did not deliver the said PIP? Do I have the right to ask for assistance if they want me to resign voluntarily?

I really need your help.

Thank you.

 

 

From what you said, they cannot terminate you. There is a two notice requirement, the first one states the reason and a chance to explain. But "to improve" is not an authorized cause for termination. The closest cause is "lack to trust and confidence" and according to you, the notice didn't state that.

[alteregoko]

The company i am in needs to preserve our cash and one of the easier means to achieve this is having the unused SLs not paid next year. Issue is its on the contract that SLs convert to cash on the first quarter of the new year.

 

What are the options that are available that we can use not to pay?

[Mr.Potatoes]

The company i am in needs to preserve our cash and one of the easier means to achieve this is having the unused SLs not paid next year. Issue is its on the contract that SLs convert to cash on the first quarter of the new year.

 

What are the options that are available that we can use not to pay?

 

Closure of business due to business losses.

[alteregoko]

 

Closure of business due to business losses.

Not quite so drastic yet. That is a bit too extreme.

[s@ntin0v3rd3]

May mga resibo kame na nakapangalan sa mother ko ang mga bayad.

 

Kaya lang naka sama pangalan ng tatay ko sa mga title ni mama nag aabroad kasi sya at ang tatay ko nandito.

 

HI Kalesi, I sent you a PM. Hope you see it.

 

Take care!

[X-23]

The company i am in needs to preserve our cash and one of the easier means to achieve this is having the unused SLs not paid next year. Issue is its on the contract that SLs convert to cash on the first quarter of the new year.

What are the options that are available that we can use not to pay?

Make them use it (forced leave).

[alteregoko]

Make them use it (forced leave).

You cannot force people to use leaves that convert to cash. That was explored and viewed as highly untenable legally.

[X-23]

You cannot force people to use leaves that convert to cash. That was explored and viewed as highly untenable legally.

Check the circulars issued by DOLE this pandemic.

[Ms zelen of LA Spa]

Hellooo

[bonito99]

Hellooo

kindly stop self-promoting.

[charliehouse]

Any update kung anong mga documents ang needed para makapunta ng QC from non-luzon province?

[Ariana]

Pfff legal.

The moment grass grows you can play on it.

 

The min age a girl you may kiss/have sex with is: min age = your age/2 7

 

I also have one in dutch but it doesnt rhyme in English.

 

An English-dubbed Dutch horror film about Sinterklaas being a serial killer.

 

Your posts to the threads you've been to is off topic.

[dyodyo]

To anyone needing free legal advice,

 

I'm a starting lawyer looking to expand my network. Thought I'm a "freshman" in the legal profession, I have some expertise on Family Law, Estate Planning, Labor Law, Intellectual Property, IT Law, Sports Law, Franchising, Media Law, and Corporate Housekeeping. Consultations can be casual and free of charge if you're just looking for advice.

 

Take care guys! Cheers.

Happy New Year! Can i ask for some advice from you sir?

[s@ntin0v3rd3]

Happy New Year! Can i ask for some advice from you sir?

Hi Dyodyo! Happy New Year as well. Could you send me a personal message regarding your inquiry? In the alternative, we can speak through Viber. Thanks

 

Best regards,

Santino Verde

Edited January 4, 2021 by s@ntin0v3rd3

[ctc]

an employee filed for a leave of absence for 4 days. He reason is to attend to personal matters
In those 4 days, it was discovered that the employee went to work for another company temporarily but return to its original office on the 5th day to work again.

What violation did he commit? Is it a grave offense that carries a penalty of termination?

[manilaman33]

an employee filed for a leave of absence for 4 days. He reason is to attend to personal matters

In those 4 days, it was discovered that the employee went to work for another company temporarily but return to its original office on the 5th day to work again.

 

What violation did he commit? Is it a grave offense that carries a penalty of termination?

Under DOLE Circular 147-15, just causes of termination refer to serious misconduct, willful disobedience or insubordination, gross and habitual neglect of duties, fraud or willful breach of trust, loss of confidence, commission of a crime or offense, and analogous causes. Our labor laws expressly provide that for acts or omissions to be considered as analogous causes, the same must be expressly specified in company rules and regulations or policies.

Authorized causes of termination refer to installation of labor-saving devices, redundancy, retrenchment or downsizing, closure or cessation of operation, and disease.

The Rules clarify that an employee may also be terminated from employment based on reasonable and lawful grounds specified in company policies and/or based on grounds provided for under Collective Bargaining Agreements.

So, the employee should check if (assuming there is a CBA) his/her CBA states that additional employment engaged outside his current employment is a ground for dismissal.

In addition, fraud or willful breach of trust means that the employee committed an act, omission or concealment which involves a breach of legal duty, trust, or confidence justly reposed. It must be committed against the employer or his/her representative and must be in connection with the employer’s work.

So, the additional employment must not be in direct competition with the current employer or at least intimately related to the employer's industry or contrary to any office memo/policy issued by the employer.

[Kapitan6969]

Hirap neto, well wishing you goodluck

[sirheinrichcu]

an employee filed for a leave of absence for 4 days. He reason is to attend to personal matters

In those 4 days, it was discovered that the employee went to work for another company temporarily but return to its original office on the 5th day to work again.

 

What violation did he commit? Is it a grave offense that carries a penalty of termination?

burden of the employer to prove na nag work siya sa ibang company... they can ask the company straight forward. in my own experience sa employee ko .kahit hindi namin competitor sa f&b. nagwork siya dun for a week. we terminated him. so malamang sa dole siya pumunta. nanalo kami sa arbiter level .pagakyat sa commisioner panalo parin

ni isang singko wala siya nakuha sa amin. take note .8 years na siya sa amin. tanga talaga

[wildswans]

Hi there. I'm wondering if a person lost his atm and he found out that someone withdraw some money from his account. Can he just go to his branch and request to see the CCTV footage? what can he do? Thanks for any info.

[rocco69]

Hi there. I'm wondering if a person lost his atm and he found out that someone withdraw some money from his account. Can he just go to his branch and request to see the CCTV footage? what can he do? Thanks for any info.

what can he do?

 

go to his branch and request to see the CCTV footage

[jopok]

Check the circulars issued by DOLE this pandemic.

..can you pls give the link re..dole circular..appreciate it..thanks

[keenpee]

hi po, about sa DTI po, ask ko lang po kung gano katagal ang expiration ng nakuha kong CFA after failed mediation sa DTI? di ko pa kasi nafile ulit sa adjucation team ng DTI ung CFA.

di na kasi ako sinasagot ng mediation officer,

january 7 ko nakuha ung CFA

ito lang ung sagot nya,

After 10-day period from the issuance of CFA, the counting of the prescriptive period of two (2) years from the time of the alleged violation will resume.

[utaro]

mag tatanong lang po,

what if if two married couple (meaning both kasal,but separated) magkaroon ng affair,

tapos ngakaroon silang baby,

pwede ba ilagay yung name nung actual father dun sa birth certificate?

o yung name ng tunay na husband ng girl ang ilalagay kahit hindi sya ang tatay?

[rocco69]

Magiging ground for annulment po ba yun?

 

Ang simpleng panlalaki ni Mrs ay hindi ground para sa Annulment (legal separation lang, at ito ay dapat maihain sa korte sa loob ng limang taon mula sa panlalalaki).

 

Kung maghihiwalay lang, dahil hindi nga siya ground para sa annulment, walang magbabago sa ugnayan nila sa properties nila (kung maghahain siya ng Legal separation, sa Legal separation, paghahatian ang properties ng mag-asawa, at may bahagi na ifo-forfeit si mrs).

 

Ask ko lang po. If si misis po ba nagloko long time ago pero recently ka lang nakakuha ng proofs. Magiging ground for annulment po ba yun? and kung sakali man pong maghihiwalay/magpapa annul dahil sa pangangaliwa ni misis, ano po mangyayari sa conjugal properties? mahahati parin po ba yun sa both parties? or wala po makukuha si misis?

[rocco69]

Kung idedeklara nung babae na may asawa siya, sa pangalan nung asawa niya dapat isunod yung bata.

 

Kung magsisinungaling siya at sasabihin niyang asawa niya yung kabit niya, maisusunod sa apelyido ng kabit niya yung bata.

 

Kung magsisinungaling siya at sasabihin niyang single siya, kung pipirma si kabit sa birth certificate nung bata, maisusunod ito sa apelyido nung kabit. Kung di pipirma sa birth certificate nung bata si kabit, apelyido ng ina ang gagamitin nung bata

mag tatanong lang po,

what if if two married couple (meaning both kasal,but separated) magkaroon ng affair,

tapos ngakaroon silang baby,

pwede ba ilagay yung name nung actual father dun sa birth certificate?

o yung name ng tunay na husband ng girl ang ilalagay kahit hindi sya ang tatay?