legal Free Legal Advice

[Kazekage.Gaara]

If you are a regular employee, you can only be terminated for cause. Did you sign a contract when you applied?

 

 

I did. And I am a regular employee too, having stayed with the company for 1 year and 4 months.

[Dr_PepPeR]

I did. And I am a regular employee too, having stayed with the company for 1 year and 4 months.

 

If you signed a contract when you applied for the Quality Analyst position, you might want to check it again to see what is the company policy if you do not pass. If there is no provision regarding separation, then they cannot just let you go as they have to comply with due process first. Normally, separation from service has no corresponding separation pay, unless it is involuntary, like redundancy, retrenchment, retirement, sickness or death etc.

[iceman8]

If you are a regular employee, you can only be terminated for cause. Did you sign a contract when you applied?

 

 

 

If you really train them, you might want to sign them to a training contract that has a penalty if they leave prematurely. But you should know that probies have really no incentive to stay if there's nothing in it for them.

 

yeah, but the problem is, they just change address and you wouldn't even know how to find them anymore. For probies, is there a law or something where in I can sue them to leaving the company prematurely (sudden LOA)?

[Lanceagosto]

Mga sir,

 

Ask ko lang, ano ang ibig sabihin ng John Doe sa contract?

[mardigras]

a John Doe is someone whose true identity is unknown or must be withheld.

[Dr_PepPeR]

yeah, but the problem is, they just change address and you wouldn't even know how to find them anymore. For probies, is there a law or something where in I can sue them to leaving the company prematurely (sudden LOA)?

 

Yes, that really is a problem. If they sign a contract you can sue them in a civil case just for the record, or you can have them blacklisted with the industry.

[Kazekage.Gaara]

If you signed a contract when you applied for the Quality Analyst position, you might want to check it again to see what is the company policy if you do not pass. If there is no provision regarding separation, then they cannot just let you go as they have to comply with due process first. Normally, separation from service has no corresponding separation pay, unless it is involuntary, like redundancy, retrenchment, retirement, sickness or death etc.

 

 

Ah. There wasn't any contract that was signed with any such provisions when I was promoted. i only signed a change of status from agent to QA Trainee. other than that, the then-QA manager told me that I was still an employee of the company when he informed me that I did not pass.

 

Is it correct in saying that a year's service is equivalent to a month's pay when it comes to separation pay due to redundancy?

[moridins79]

Is it correct in saying that a year's service is equivalent to a month's pay when it comes to separation pay due to redundancy?

 

Yes

[shinta]

Good afternoon po.

 

I would just like to make an inquiry: when a contractual employee asks for certificate of employment, is there a law giving a deadline as to when that certificate should be released?

 

My problem is, pinapaikot kami ng HR when we asked for a certificate of employment. Nakapirma na lahat ng dapat pumirma sa kanya lang lagi napapatagal. We tried following up and following up but the HR head keeps on giving us excuses until finally they said they lost the certificate, so we had to draft another one and ask for signatures of the section heads again. But again, the certificate stopped moving when it was passed to the HR...

 

 

Thanks!

[yellowjacket]

I have problem with our neighbor. just want to know kung pwede ko ba sya ireklamo sa barangay o sa company nya. nagkaroon kami ng misunderstanding. I kept quiet after the incident but this guy is bugging me for a long time gusto yata talaga ng away. pnababayaan ko na lang para walang gulo. kaya lang talagang ayaw ako tigilan. lagi syang nagpaparinig at nang-aasar. last week nagkasalubong ang car nmin sa village, instead na dumaan sa lane nya kinain nya un lane ko at intensyon na banggain ako. napahinto nga ako bigla baka mabangga nya ako. ng malapit na sya sa akin saka nya iniwas at nakangiting aso pa. kasama nya pamilya nya at pinapakita nya kung gaano kasama ang ugali nya sa mga anak at wife nya. di ko lag alam kung paano ko bibigyan ng leksyon ang taong ito. Please advice naman po. thanks.

[moridins79]

I have problem with our neighbor. just want to know kung pwede ko ba sya ireklamo sa barangay o sa company nya. nagkaroon kami ng misunderstanding. I kept quiet after the incident but this guy is bugging me for a long time gusto yata talaga ng away. pnababayaan ko na lang para walang gulo. kaya lang talagang ayaw ako tigilan. lagi syang nagpaparinig at nang-aasar. last week nagkasalubong ang car nmin sa village, instead na dumaan sa lane nya kinain nya un lane ko at intensyon na banggain ako. napahinto nga ako bigla baka mabangga nya ako. ng malapit na sya sa akin saka nya iniwas at nakangiting aso pa. kasama nya pamilya nya at pinapakita nya kung gaano kasama ang ugali nya sa mga anak at wife nya. di ko lag alam kung paano ko bibigyan ng leksyon ang taong ito. Please advice naman po. thanks.

 

You can complain to your barangay. A salient part of the Barangay’s function to promote peace and harmonious elationships among community members. This is in recognition of the capacity of the barangay and its leaders to facilitate the settlement and resolution of disputes at their level.

 

Incidentally, if you decide to initiate court action, you probably need to pass through the Katarungang Pambarangay.

 

Not sure how you can file a complaint with the guy's company without more information.

[moridins79]

Good afternoon po.

 

I would just like to make an inquiry: when a contractual employee asks for certificate of employment, is there a law giving a deadline as to when that certificate should be released?

 

My problem is, pinapaikot kami ng HR when we asked for a certificate of employment. Nakapirma na lahat ng dapat pumirma sa kanya lang lagi napapatagal. We tried following up and following up but the HR head keeps on giving us excuses until finally they said they lost the certificate, so we had to draft another one and ask for signatures of the section heads again. But again, the certificate stopped moving when it was passed to the HR...

 

 

Thanks!

 

not really a labor practitioner despite having several labor case but i don't think there's a law setting a period. What sort of company are you working for? The quickest route is to have a lawyer friend send the request for you or, at the very least, follow up on the certificate.

[OmegaSupreme]

mga sir, can you check out this video i watched sa kabilang thread:

http://www.remate.ph/rematevideo/?p=55

 

hindi ba pwede kasuhan yung pulis na nagpakasasa muna bago hinuli yung psp? suppose to be 'pag binayaran na and nakahubad na, dun na pwedeng hulihin like what's happening sa xxx, imbestigador, etc.

[moed]

mga sir, can you check out this video i watched sa kabilang thread:

http://www.remate.ph/rematevideo/?p=55

 

hindi ba pwede kasuhan yung pulis na nagpakasasa muna bago hinuli yung psp? suppose to be 'pag binayaran na and nakahubad na, dun na pwedeng hulihin like what's happening sa xxx, imbestigador, etc.

Kung pakingan mo yong narration, ang sabi ay asset yung ginamit na ientrap yung prosti, malamang hinde ito pulis at civilian na ginagamit ng pulis sa mga operation nila.

Edited February 19, 2011 by moed

[Lanceagosto]

Sir Rocco,

 

Pasensya na sa abala, pero tatanawin kong malaking utang na loob kung inyong mabibigyang pansin ang katanungan ko sa PM.

 

Tnx

[Lanceagosto]

Sir Rocco,

 

Maraming maraming salamat sa sagot mo sa PM ko.

 

Last question, sir kapag sinabing bad debt, ano ang ibig sabihin nito? nangangahulugan ba ito na wala ng pakialam ang bangko? sa bangko pa rin ba mapupunta ang anumang makukulekta para sa bad debt? o sa collecting firm?

 

Maraming salamat muli

[Lanceagosto]

a John Doe is someone whose true identity is unknown or must be withheld.

 

Sir, sa demanda ba, isinasama rin yung John DOe?

 

Thanks

[rocco69]

oo. Habang naglilitis, kapag nalaman yung tunay na katauhan nung taong kinilala muna bilang "John Doe", babaguhin yung reklamo para ipakita ito (Section 7, Rule 110, 2000 Rules of Criminal Procedure).

 

Sir, sa demanda ba, isinasama rin yung John DOe?

 

Thanks

[vkalbos]

Guys, would like to know if there's a ground of filing civil case like "utang" worth 11K

 

Anyway, it came from salary loan. I have the docs on me.

 

Anyone care to help.

 

TIA.

[redax]

Guys, would like to know if there's a ground of filing civil case like "utang" worth 11K

 

Anyway, it came from salary loan. I have the docs on me.

 

Anyone care to help.

 

TIA.

If you can get him to pay even half the amount, it would be better to get a compromise agreement. If you are willing, you can file a small claims case in the Metropolitan Trial Court or whichever court has jurisdiction, depending where you will file the case. Small claims cases are initiated by the plaintiff himself and no lawyers are permitted to appear, except of course if the lawyer is the plaintiff or defendant. Check out A.M. No.08-8-7 SC, The Rule of Procedure for Small Claim Cases for further information.

[vkalbos]

If you can get him to pay even half the amount, it would be better to get a compromise agreement. If you are willing, you can file a small claims case in the Metropolitan Trial Court or whichever court has jurisdiction, depending where you will file the case. Small claims cases are initiated by the plaintiff himself and no lawyers are permitted to appear, except of course if the lawyer is the plaintiff or defendant. Check out A.M. No.08-8-7 SC, The Rule of Procedure for Small Claim Cases for further information.

 

Sir, actually am the defendant. i do paying them by salary deduction and then eventually i stopped when i resigned from work. I guess my balance was 4k plus. i thought it was fine because i have pending salary to compensate the balance. "company to bank agreement" i do have also co-maker to pay the obligation if ever i fail to pay them.

 

It summed up to 11k including arrears and attorneys 10% fees. anyway, am willing to pay the said amount to settle the issue.

 

If ever, i shall compromise to pay off court would it possible to arrange also the payment filed by plaintiff called "case filing fee" na bayaran ko rin? tama po ba?

 

May hearing date na po kasi ako.

 

Salamas

[moridins79]

better consult a lawyer so that he can go over the pleadings.

[moed]

Sir, actually am the defendant. i do paying them by salary deduction and then eventually i stopped when i resigned from work. I guess my balance was 4k plus. i thought it was fine because i have pending salary to compensate the balance. "company to bank agreement" i do have also co-maker to pay the obligation if ever i fail to pay them.

 

It summed up to 11k including arrears and attorneys 10% fees. anyway, am willing to pay the said amount to settle the issue.

 

If ever, i shall compromise to pay off court would it possible to arrange also the payment filed by plaintiff called "case filing fee" na bayaran ko rin? tama po ba?

 

May hearing date na po kasi ako.

 

Salamas

You can offer to amicably settle the case at the hearing. As is usual in cases like this, when the loan you obtained is covered by a contract stipulating interests, penalties and expenses to be incurred for litigation is borne by the debtor, it's better to pay off the loan as agreed upon. In this case, it seems like the creditor is in this business so he will probably also be able to get the officer enforcing the judgment of the court to garnish your future wages. Hopefully you have a friend who's a lawyer to help you out, but not appear at the hearing of course, but if not, obtaining the services of a lawyer would just add to your expenses. It would be better to pay what the plaintiff is asking for instead. Try to negotiate to lower the amount you have to pay at the hearing. Usually, a debtor would agree to get a lower amount, specially if it will be paid in full in one payment, than go through the hassle of litigation. Good luck.

Edited February 22, 2011 by moed

[vkalbos]

You can offer to amicably settle the case at the hearing. As is usual in cases like this, when the loan you obtained is covered by a contract stipulating interests, penalties and expenses to be incurred for litigation is borne by the debtor, it's better to pay off the loan as agreed upon. In this case, it seems like the creditor is in this business so he will probably also be able to get the officer enforcing the judgment of the court to garnish your future wages. Hopefully you have a friend who's a lawyer to help you out, but not appear at the hearing of course, but if not, obtaining the services of a lawyer would just add to your expenses. It would be better to pay what the plaintiff is asking for instead. Try to negotiate to lower the amount you have to pay at the hearing. Usually, a debtor would agree to get a lower amount, specially if it will be paid in full in one payment, than go through the hassle of litigation. Good luck.

 

Thanks Man.

 

What if, I just run way. anyway wala naman silang mahihita sa akin. wala naman akong properties o kung ano man.

 

Any good point?

Edited February 23, 2011 by vkalbos

[moed]

Thanks Man.

 

What if, I just run way. anyway wala naman silang mahihita sa akin. wala naman akong properties o kung ano man.

 

Any good point?

Sorry, last sentence of my post should have been creditor instead of debtor. Creditor would be willing to accept lower amount instead of going through hassle of litigation.

Under Rules of Procedure for Small Claims Cases, failure of defendant to respond authorizes the court to render judgment as warranted by facts alleged by plaintiff. Meaning he would be able to get judgment and plaintiff may ask the officer enforcing judgment to garnish your income from your employer.