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Butsoy

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KG: What exactly is his nationality? Nevertheless, as a Union member, you can investigate your own members, to the point of removing him from your group. Check out your Union constitution and by-laws regarding this matter.

 

Aliens need a special working permit to allow them to work here.

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Gandang hapon po :lol: I've been back reading this thread na for two weeks. Very helpful and educational para sa aken. Salamat po :cool:

 

Consult ko lang po yung situation dito sa office. I'm working for Japanese company. We have an officemate who is half Japanese and I think dual citizen sya. Needless to say, management is favoring him. Ano po ba ang batas in employing dual citizens? He is a member of our employees union. We suspect that he is leaking out information to management about the union. Currently, we are negotiating our CBA and it is obvious that management is getting info about what was discussed in the union meetings. We would like to kick him out but we can't get solid proof.

 

Salamat po ulit :)

This is a little difficult to answer in that it is an issue of the "loyalty" of the employee to the Union. Technically, dual citizenship is not prohibited in the Philippines and in some cases are actually perpetuated by the lack of proper monitoring of who has what citizenship. But then, pure Filipino citizenship is not a pre-requisite to becoming a member of a Union to start with.

 

Immigrations will not touch the person unless he commits an act of disloyalty to the state. :(

 

The only remedy you have would be investigate on his actions and determine if the accusations are correct. (Note that you must respect due process) Only with evidence of his disloyalty to the firm can the Union act to "expel" the employee from the union. If your CBA contains a provision on Union protection, then it can be a ground to have him terminated (assuming he is covered by the same).

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thunderboy1234,

 

Re: closure of business (single proprietorship)

 

In addition to what coychee advised, I believe your bro has to go to the Bureau of Internal Revenue and get a tax clearance.

Also, he has to inform the city or municipal government (city/municipal hall) that he is ceasing business operations so that he wont have penalties for non payment of local taxes, etc.

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Bonito99, Freelicker, maraming salamat po.

 

I think the guy holds a Japanese passport. Hirap ng situation sa union namin ngayon kase may loyalty issues not only with this guy but with some other members. This guy is using the system to his advantage, he knows that it would be hard to proove that he is leeking info to management and his loyalty is with management kaya he is getting away with murder. Anyway, someday all of these things will catch up with him.

 

Salamat po ulit ng marami. It's nice to have you people whom we could consult with our legal concerns.

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if i may interject.

 

would you know when the marriage was celebrated? you're correct in saying that the marriage is void only if it was celebrated after the Family Code took effect in 1988. assuming that the marriage is indeed void, the kids are illegitimate.

 

you say the guy's using the kids to milk money from the girl. do you mean that the guy is threatening to take custody of the kids if the girl doesn't give him money? if this is the case then ...

 

1. do you know how old the kids are?

 

custody of children below 7 years of age is normally granted to the mom. the exception to this rule is when the mom is "unfit" to have custody, such as when she is of loose morals.

 

2. if there is no compelling reason for the courts to deviate from the general rule in no. 1 above, then i suggest that the girl file a petition for declaration of nullity of the marriage.

 

i hope this helps. but there are other issues concerning this matter that should be threshed out, such as support and the property relations of the parties. if you want, you (or your friend) can email me.

thanks for the input! should she decide on what actions to take, can she count on you guys for further advice?

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