legal Free Legal Advice

[Dr_PepPeR]

but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman.

 

today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila.

 

next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing.

 

yung paychecks naman nila, as in feb 1 - 15 lang ang covered.

 

walang additional to cover any separation or what.

 

basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok.

 

ganun na lang ba yun?

 

Considering the circumstances, this looks like involuntary separation due to 'a labor saving device'. As such, I think you are entitled to one month for every year of service. Otherwise, this is an illegal dismissal and as legalavatar said, can be brought before the National Labor Relations Commission.

 

sorry to butt in dudes. i think it depends. hindi pwede ang outsourcing if what you are outsourcing are positions which are "usually necessary or desirable in the usual trade or business of the employer".

 

file ka na lang ng illegal dismissal sa nlrc (sa ppsta banawe) then mag claim ka na rin ng lahat ng benefits including separation pay, para covered assuming na valid yung closure ng department.

 

my guess is, illegal practice to. example - a school cannot suddenly dismiss all its teachers tapos i-outsource yung teaching dahil in a school, a teaching position is one which is usually necessary or desirable in the usual trade or business of the employer,. kuha mo pards?

 

kung ganoon ka indispensable ang department mo, tapos regular employees na kayo, thats clear illegal dismissal to my mind.

 

 

please forgive my previous post. newbie :-)

 

I still think outsourcing is a valid business decision provided the procedures on involuntary separation are complied. Only if a business is subject to a regulator and if the regulator prohibits outsourcing of certain core functions is outsourcing illegal. As to 'usually necessary or desirable in the usual trade or business' stated in the Labor Code, I believe this refers to contractual or probationary employees who are allowed to continue working for more than six months, and who then should be considered regular employees.

[legalavatar]

well opinions aside, wouldn't you agree that based on the facts, a case for illegal dismissal, payment of backwages, separation pay, employee benefits, damages and attorney's fees should be filed with the nlrc.

 

go the entire mile. sayang naman if the labor arbiter would agree that there was illegal dismissal. sayang yung backwages.

 

if the labor arbiter doesn't agree, at least you tried. in any case, you still have your claim for separation pay.

 

may public attorney's office sa nlrc ground floor. i'm sure they will want to take your case, if you decide not to get a lawyer of your own. it's free by the way. otherwise, you can appear on your own behalf. but as they say, a person who represents himself has a fool for a client. hence, i urge you seek legal advice.

 

good luck :upside:

Edited February 18, 2008 by legalavatar

[Google]

but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman.

 

today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila.

 

next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing.

 

yung paychecks naman nila, as in feb 1 - 15 lang ang covered.

 

walang additional to cover any separation or what.

 

basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok.

 

ganun na lang ba yun?

 

 

imho, there should be a period alloted (e.g. 15 to 30 days). i think they can complain if this happens (if they are regular employees as well).

and there should be an additional amount to cover separation.

 

on the outsourcing, it is still a valid option, because management can decide on the options to take in consideration of efficiency and savings.

[moichi]

mga bossing, maraming salamat po sa advice.

 

have shown this to my sis and we'll go to nlrc.

 

i-update ko na lang kyo on wat happened.

 

slamat po uli sa inyong lahat.

[koki2006]

mga sir ask lng,

 

my mom died unexpectedly heart attack about 2 years n aug 27 2006 nang makakuha kami sa work nya last pay ( which is date n pinasok nya up to time of death, burial and un galing s prudential which i think is insurance kasi manager sya ) amounting to about more or less 300k kaso nunn una sabi s amin may backpay kaso compute p daw kaso biglang bigla wla n daw kasi un nakuha namin n tig 60k each s prudential un n daw un mga ibang claim wla n daw kaso wla kami pera pra ihabol mayaman kasi un company, tapos halos hirap p kami so wlang may tym mag asiskaso nito ano po b magagawa ko d2 or san ako pde mag ask ng help nag email n ako sa DOLE kaso wla ako natanggap n reply so pde po b ito ihabol kahit mag 2 yrs na?

 

kung may address kau p send n lng po d2 at numbers n pde ko tawagan thanks po.

 

by the way 19 1/2 yrs sya s work nya before she passed away

[Dr_PepPeR]

well opinions aside, wouldn't you agree that based on the facts, a case for illegal dismissal, payment of backwages, separation pay, employee benefits, damages and attorney's fees should be filed with the nlrc.

 

go the entire mile. sayang naman if the labor arbiter would agree that there was illegal dismissal. sayang yung backwages.

 

if the labor arbiter doesn't agree, at least you tried. in any case, you still have your claim for separation pay.

 

may public attorney's office sa nlrc ground floor. i'm sure they will want to take your case, if you decide not to get a lawyer of your own. it's free by the way. otherwise, you can appear on your own behalf. but as they say, a person who represents himself has a fool for a client. hence, i urge you seek legal advice.

 

good luck :upside:

 

Yes I agree that there are grounds for a case here. Ditto on the good luck, I've seen labor lawyers delay things like this for more than two years.

[Dr_PepPeR]

mga sir ask lng,

 

my mom died unexpectedly heart attack about 2 years n aug 27 2006 nang makakuha kami sa work nya last pay ( which is date n pinasok nya up to time of death, burial and un galing s prudential which i think is insurance kasi manager sya ) amounting to about more or less 300k kaso nunn una sabi s amin may backpay kaso compute p daw kaso biglang bigla wla n daw kasi un nakuha namin n tig 60k each s prudential un n daw un mga ibang claim wla n daw kaso wla kami pera pra ihabol mayaman kasi un company, tapos halos hirap p kami so wlang may tym mag asiskaso nito ano po b magagawa ko d2 or san ako pde mag ask ng help nag email n ako sa DOLE kaso wla ako natanggap n reply so pde po b ito ihabol kahit mag 2 yrs na?

 

kung may address kau p send n lng po d2 at numbers n pde ko tawagan thanks po.

 

by the way 19 1/2 yrs sya s work nya before she passed away

 

I don't understand some of this, I wish you would take some time to type it out since you're not using a phone keypad. If as you say this is a rich and therefore big company, they would normally have a death benefit for their employees, if as you say your mom worked there for almost 20 years. Why not go to the HR of the company or at least write to them? If you don't have the time, then forget it, you will have to put some effort into it considering that it seems you left it hanging for almost two years.

[koki2006]

we already tried contacting them about this ang sabi nila ay wla n daw makukuha at yung nakuha namin from the insurance company is from what i understand is the death benefit and seperation pay all in itself, what i meant was n iwan na nakabukas kasi wla kami pera kung mangailangan kami pambayad sa mga legal matters since ginamit namin un pera n nakuha para sa ospital and sa haus kasi pinaalis n kmi (from my other thread), about naman po sa time since weekends lng off namin mag kakapatid and wla p regular s amin that time kyua d namin na asikaso kasi most offices are closed on weekends and manila is quite far from where we are working now

[Dr_PepPeR]

we already tried contacting them about this ang sabi nila ay wla n daw makukuha at yung nakuha namin from the insurance company is from what i understand is the death benefit and seperation pay all in itself, what i meant was n iwan na nakabukas kasi wla kami pera kung mangailangan kami pambayad sa mga legal matters since ginamit namin un pera n nakuha para sa ospital and sa haus kasi pinaalis n kmi (from my other thread), about naman po sa time since weekends lng off namin mag kakapatid and wla p regular s amin that time kyua d namin na asikaso kasi most offices are closed on weekends and manila is quite far from where we are working now

 

Do you remember if they made you sign a quitclaim when you got the money? What I think happened here was that the company took out insurance policies for the employees. There may be other death benefits but it will depend on the company policies. I still think you should write the company so that they will be forced to answer you in writing. If they don't write back within a reasonable time, then I think you can go to DOLE.

[koki2006]

already did that sir just sent it this afternoon, sir the only thing we signed was the release of the benefits coming from prudential and nothing from the company itself, by the way sir the insurance when we asked a my mom's friend was benefit for all executive level employee kaso bago sya namatay binabaan nila from 1m to just 250k kaya un lng nakuha. additional question lang po paano po b un seperation pay can you give me a location or passage from the constitution about this?

[Google]

already did that sir just sent it this afternoon, sir the only thing we signed was the release of the benefits coming from prudential and nothing from the company itself, by the way sir the insurance when we asked a my mom's friend was benefit for all executive level employee kaso bago sya namatay binabaan nila from 1m to just 250k kaya un lng nakuha. additional question lang po paano po b un seperation pay can you give me a location or passage from the constitution about this?

 

i guess you can write to the company asking a breakdown of what your mom supposed to have received outside of the insurance benefits.

but imho, normally, for an employee's last pay, ni-rerelease na lahat yan eh, including insurance benefits one-time. if you have the time, kindly review the quit claim letter that you have signed. baka naka break down na dun.

[dr_illuminati]

Hello to everyone, im a pinoy working here in the states, do we have an immigration lawyer here that I can consult regarding greencard matters? Thanks a lot

[Google]

Hello to everyone, im a pinoy working here in the states, do we have an immigration lawyer here that I can consult regarding greencard matters? Thanks a lot

 

 

hmmm. ako naman i am looking for an immigration lawyer here in the Philippines to help us process "L" Visas.

pa PM na lang po ako. thanks.

[wildswans]

hi everyone, i have some questions...

 

i lived in a townhouse and because of limited parking space, i had to park my car in a friend's unit just 2 units from ours. they vacated their unit already but don't have any plans of selling it kaya they let me park there. the problem is, yung mga nakatira sa tabing unit nila ay mga inggitero't inggitera parang di matanggap na nakikipark ako dun. anyway, i noticed that everytime my car is newly washed, nagkakaroon ito ng dumi the following day. like splash of dirty water, sometimes they bathe their dog infront of my car so when the dog wags its body tumatalsik mga tubig and sometimes may mga rat droppings pa.

 

i plan to set up a hidden camera so i can be sure na sila gumagawa nun. kapag napatunayan ko na sila ang nagdudumi sa car ko, what should i do? report to barangay or sa police station? what kind of charges can be filed against them at ano parusa?

 

p.s. talking to them won't yield anything good coz lalo lang nila sasadyain.

 

any info will be highly appreaciated.

[mlpf]

hi everyone, i have some questions...

 

i lived in a townhouse and because of limited parking space, i had to park my car in a friend's unit just 2 units from ours. they vacated their unit already but don't have any plans of selling it kaya they let me park there. the problem is, yung mga nakatira sa tabing unit nila ay mga inggitero't inggitera parang di matanggap na nakikipark ako dun. anyway, i noticed that everytime my car is newly washed, nagkakaroon ito ng dumi the following day. like splash of dirty water, sometimes they bathe their dog infront of my car so when the dog wags its body tumatalsik mga tubig and sometimes may mga rat droppings pa.

 

i plan to set up a hidden camera so i can be sure na sila gumagawa nun. kapag napatunayan ko na sila ang nagdudumi sa car ko, what should i do? report to barangay or sa police station? what kind of charges can be filed against them at ano parusa?

 

p.s. talking to them won't yield anything good coz lalo lang nila sasadyain.

 

any info will be highly appreaciated.

 

Once you get the evidence, you will have to go first to the Barangay if you and the culprit live in the same city. If you and the culprit live in different cities, you can go straight to the police who will assist you in drafting your complaint or you can hire a lawyer and go straight to the Prosecutor's Office.

 

The case here if for "Unjust Vexation". The imposable penalty is imprisonment of 1 to 30 days and/or a fine not exceeding Php 200.00.

 

However, if your car was damaged (e.g. scratched) in any way, you can file a case for "Malicious Mischief". You will have to get a repair estimate. The imposable penalty is imprisonment of up to 6 months depending on the extent of damage to your car.

 

Hope this helps.

[Dr_PepPeR]

hi everyone, i have some questions...

 

i lived in a townhouse and because of limited parking space, i had to park my car in a friend's unit just 2 units from ours. they vacated their unit already but don't have any plans of selling it kaya they let me park there. the problem is, yung mga nakatira sa tabing unit nila ay mga inggitero't inggitera parang di matanggap na nakikipark ako dun. anyway, i noticed that everytime my car is newly washed, nagkakaroon ito ng dumi the following day. like splash of dirty water, sometimes they bathe their dog infront of my car so when the dog wags its body tumatalsik mga tubig and sometimes may mga rat droppings pa.

 

i plan to set up a hidden camera so i can be sure na sila gumagawa nun. kapag napatunayan ko na sila ang nagdudumi sa car ko, what should i do? report to barangay or sa police station? what kind of charges can be filed against them at ano parusa?

 

p.s. talking to them won't yield anything good coz lalo lang nila sasadyain.

 

any info will be highly appreaciated.

 

I would suppose that you also have a homeowner's association there that is in charge of the security guards. Why not ask them for help as well?

[meet_joeblack]

I need help.... San po ba pede makakuha ng sample contract for website development. paemail naman po. meet_joeblack88@yahoo.com

[bonito99]

ano ba ang gusto mong mailagay sa web development contract na yan?

[wildswans]

Once you get the evidence, you will have to go first to the Barangay if you and the culprit live in the same city. If you and the culprit live in different cities, you can go straight to the police who will assist you in drafting your complaint or you can hire a lawyer and go straight to the Prosecutor's Office.

 

The case here if for "Unjust Vexation". The imposable penalty is imprisonment of 1 to 30 days and/or a fine not exceeding Php 200.00.

 

However, if your car was damaged (e.g. scratched) in any way, you can file a case for "Malicious Mischief". You will have to get a repair estimate. The imposable penalty is imprisonment of up to 6 months depending on the extent of damage to your car.

 

Hope this helps.

 

the penalty is not that harsh pala. thanks.

 

I would suppose that you also have a homeowner's association there that is in charge of the security guards. Why not ask them for help as well?

 

we don't have any homeowner's association especially there are only 6 units here. i'll try to grab some evidence to see if my assumption is correct then decide what to do next. thanks.

[jopoc]

the penalty is not that harsh pala. thanks.

 

 

nevertheless,

if you get a conviction, meron na syang record sa NBI.

that is enough payback.

 

==

 

kahit masampa lang kaso sa korte, yung i-require sya mag-attend parati, enough payback na yun.

[juniperxxx]

There are incidences of police planting marijuana leaves inside a car during a checkpoint; what are the things (legal rights and provisions of law) that we must be aware of? Will possession of Marijuana land you in detention? Assuming it's bailable,what if it occurs on a Friday night?

How does this change if it's a drug - ecstasy,shabu Etc...

[engrlee]

meron po ba tayong lawyer na naghahandle ng DOLE cases? especially union matters?

[GARYLYN]

Good day sa mga MTC lawyers,

 

I have a problem and hope I can get some advice from here. My wife and I is not in good term and we are not communicating to each other for almost 4 years now. I am planning to file a legal separation or divorce or whatever that will kept me separate from her. My problem now is my wife was involve in a legal battle and being the husband, the complainant included me in their legal battle. I am na OFW and currently working abroad and I have so far no involvement in their trouble except that I am the husband. What are the action I have to take to depend myself and how can I depend myself considering I am abroad?

 

Thanks

First, you must know what civil action was filed against your wife? Second, what will be your ground for the filing of an annulment case? You must divulge the entire story so that you may be properly advised for the action(s) to be taken against your wife and subsequently for the proper defense of your case.

[jdm922]

ask lng po ako ng opinions mga bosing.

 

last year po i bought a car from a used car dealership in bulacan. assume balance po ang payment (35 Payments) with a DP of 290K. since under bank financing pa sya, under pa rin sya ng name of the original owner. kaso lng po, ung deed of sale is between me and the dealership. ok lng po ba to or should i get a deed of sale from the owner?

 

follow-up lng po. pwede na po ba i-transfer sa name ko ung car sa next registration nya even though di pa tapos bayaran sa bank?

 

thanks po...

[mlpf]

There are incidences of police planting marijuana leaves inside a car during a checkpoint; what are the things (legal rights and provisions of law) that we must be aware of? Will possession of Marijuana land you in detention? Assuming it's bailable,what if it occurs on a Friday night?

How does this change if it's a drug - ecstasy,shabu Etc...

 

The case falls under the Comprehensive Dangerous Drugs Act (RA 9165). During a checkpoint, the police are only authorized to make a visual search. They cannot ask you to open your trunk or ask you to step down unless they have reason to suspect you are carrying contraband. Hence, make sure nothing suspicious in your car is in plain sight. If you are asked to open your trunk, ask them for the reason for the search. Make sure that you personally witness the inspection of your trunk.

 

Possession of marijuana will land you in detention. Possession of dangerous drugs in punishable under Section 11 of RA 9165. Possession is usually bailable (around Php 200,000.00). However, if the quantity of drugs found is large (i.e. 500 grams for marijuana), the crime is non-bailable. The police will bring you to the Station and later refer you to a fiscal for inquest proceedings. The inquest fiscal may file a case against you or refer the case for further investigation (and order your release). Call your lawyer. Make him accompany you during the inquest. Question immediately your arrest even before the inquest prosecutor. If you are arrested on a Friday evening, you will be inquested that same night or during the weekend. However, you will probably spend the entire weekend in jail for the Chief Inquest Prosecutor will be available on Monday.

 

If it is ecstacy or shabu, the quantity is much lower (around 10 grams) for the case to be non-bailable.

 

If the policeman is found to have planted evidence, this is punishable by death (Sec. 29, RA 9165). But, this will be difficult to prove. Policemen are presumed to have performed their duty without any malice. It will be difficult to rebut this.