legal Free Legal Advice

[TeeUp]

i have a married friend whose hubby is foolin' arnd w/ this other gurl.Ung gurl mejo habol ng habol s hubby ng friend ko. What charges cn my friend file against the gurl(if there's any)?

<{POST_SNAPBACK}>

 

i guess the problem is more personal than legal. your friend's bigger problem is not the girl but her husband. she can stop this girl but not every other girl if she doesn't check the situation from its source - him.

[TeeUp]

If your friend is able to establish that her husband and the married girl are doin the bling-bling...she can forward the evidence to the injured husband (husband of the married girl) so that he can file a case of adultery against the philandering wife.

 

and her own husband......this should make your friend rethink her options.

[justx]

question po ulit...

 

what if nag awol ung employee...meron ba syang pwedeng makuhang salary and other benefits na hindi na nya nakuha? benefits like what?

<{POST_SNAPBACK}>

 

Wages or benefits that were already earned. For example, if the employee was not yet paid his salary for 15 to 28 of September and goes AWOL on the 29th, then you are still required to pay his 15-28 September salary including ots if any. (But this is on the assumption that he has no liabitlities with the company which may be offset). Another example is 13th month pay which is pro-rated (total earned compensation for the year divided by 12).

 

Be careful in treating AWOL cases, just because an employee had failed to report for work for a long time does not automatically mean that he is already considered dismissed or terminated from service. He might file an illegal dismissal case. The jurisprudence still requires that the employer send the employee, a notice requiring him to explain why he should not be terminated because he is AWOL. If he does not explain despite of the receipt or his explanation is not satisfactory, then that is the time that he can be terminated. The notice of termination must likewise be furnished to the employee.

[NoX]

NoX,

 

"anyway, i was wondering what the laws are on the regularization of employees  after the standard probationary period. can somebody clarify the points to me or point me to any online materials?"

If an employee is required to work by the employer after his/her last day of pro-b then he/she is considered a regular employee.

 

Generally, Article 281 of PD442 or otherwise known as the Labor Code of the Philippines applies in probationary employment. Article 281 does not apply to private school teachers and government employees.

 

Article 281 of PD442(as amended) provides:

 

ARTICLE 281. Probationary employment. — Probationary employment shall not exceed six months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.

 

Also check out Section 6, Book VI of the Implementing Rules of PD442.

 

You can view PD442 and its Implementing Rules at www. chanrobles.com or www.lawphil.net

 

Could you elaborate further what matters you want clarified?

<{POST_SNAPBACK}>

 

sorry i wasn't clear before.

i just finished the probationary six months period and i was wondering, if it is included in the labor law, what type of salary adjustment i can ask for.

[sago]

If you cant get to edit your registry then dont worry coz you'll be asking for more problems.

<{POST_SNAPBACK}>

 

 

-> do i have to agree?!?! hehehe. :cool:

[bokam]

NoX,

 

Nutin 2 b sory about. :cool: :goatee:

 

Anyway, salary adjustments will depend mainly on ur agreement wid d employer/management. Ask the HR, if dey have one, on wat ur status and salary grade is. They may also know the company's policy on salary adjustments. At the very least, u get d minimum wage of.... dnt know how much coz the wage order keeps changing.... but u get d minimum.

[NoX]

ok, thanks.

[coolestboy]

sorry i wasn't clear before.

i just finished the probationary six months period and i was wondering, if it is included in the labor law, what type of salary adjustment i can ask for.

<{POST_SNAPBACK}>

 

 

check your contract also.....wala bang provision doon for salary adjustment?

[freelicker]

check your contract also.....wala bang provision doon for salary adjustment?

<{POST_SNAPBACK}>

 

As far as the law is concerned, there is no provision for salary adjustments when an employee acquires permanent regular status and such may only be a "right" of an employee if that was previously agreed upon by "contract" between the employer and the employee. These contracts may take the form of the employment contract, company policies or the CBA. If these do not provide for regularization increase, then sorry my friend, the law will not give you one.

[NoX]

i've always wondered if there really is a law on that, thanks for clearing it up. :cool:

[justx]

Question to MTC Lawyers:

 

Can an employer abolish a job position as redundant because of the creation of another position encompassing the functions of the dropped position as well as some new functions?

[strutbar]

mga lawyers... pwede po b ito ?

eksena s isang corporate scenario n nagabawal ng cellphone...

 

*Company* Philippines Policy on Cell phone

 

Unauthorized bringing of cell phone on factory floor is prohibited for the following two reasons: Security and Productivity.

 

Implementation of this policy will categorize as follows:

 

Soft landing > Will start on Sept 15 until Sept 30. Non compliance employee will be reminded by security personnel and their names will be recorded for non compliance and will forward to the implementing managers.

 

Strick Implementation > Will start on October 1 onward. Employee caught violating the policy will undergo Discipline n Discharge in accordance to *Company* policy

 

 

eto po ang reaksyon ng mga manggagawa :

kuha lang po ito s email n kumalat s loob ng kumpanya

 

Lots of affected employees have negative reactions on the implementation of this new policy. Most of them are rank and file employees, directly work in the mfg floor and has a little or may not at all have the capacity to react against management and higher levels and dispute their individual right. I am one of them, maybe you too..

 

As we become aware of this policy, we may not be aware of how it will affect to our employment and our life needs, aside from the fact that our hard earned cellphone is endanger in the hands of crook and may lost in anytime in our locker.

 

What we are experiencing right now is not just a difficulty to use our cellphone as a communication tool but a mere deprivation of our individual right!!

 

I say we are being deprived in the following reasons:

 

> Deprived to use a right communication tool for our emergency needs.

 

Case1: In emergency, an employee’s spouse call her husband at *Company* and need help for her life threatening situation but learned that her husband cannot be reach in cellphone, she then call his supervisor to relay her situation. The message had been relayed, unfortunately he was not able to respond on time. His help is no longer needed.

 

> Deprived to the information on our concerns.

 

Case2: An employee, aware of this new cellphone policy, violate it in his urge to respond in his communication needs for his family welfare. He was caught of his violation. He did not understand that his employment is at stake under the *company* Discipline n Discharge policy because it was not discussed during the download of cellphone policy. He was terminated on his employment.

 

> Deprived to secure our hard earned personal belonging.

 

Case3: An employee, because he was not granted with cellphone loan, earn his two month salary and intend to buy a cellphone for his personal needs. He then bought one with enhance latest technology. Aware of *Company* Philippines cellphone policy, he left his hard earned cellphone in his locker. He does not aware that there is a crook watching, and learned later that his cellphone was missing.

 

Does our management aware of this? They that have sent by our company in rep*table schools to learn and embrace technology., They that called to be top caliber and have capability and education to bring change and make our life easy,

 

What options they have left to us is an option in a very primitive way!” AANHIN PA ANG DAMO KUNG PATAY NA SI JUAN”. ,,pero ano ang magagawa ko, isa lamang akong mababang uri ng manggagawa na walang kakayahang ipagtanggol ang karapatan???

 

I wrote this open letter to call an action and bring change by letting this small idea be heard and be aware..i hope it does…..

 

 

*name*

 

ETO PA :

Di na sana ko sasagot sa liham ni *name* pero sa nangyari kagabi parang naisip ko tama at nangyari ang isa sa mga pangunahing dahilan para at sana muling pag-aralan at rebisahin ang panuntunan sa pagbabawal ang pagdala ng cell phone sa loob ng pagawaang ito particular lang ang *site1* at *site2*.

 

Sa naganap na lindol 10:36pm kagabi sa di inaasahang lakas ng pagyanig lalo na kung nasa itaas na palapag ng gusali lahat ng empleyado ay taranta dahil di namin alam ang susunod na mangyayari ng oras na iyon dahil ang lakas 6.6magnitude at intensity 6.2 at nawalan ng elektrisidad… iisipin mo na lang kung paano ka lalabas ng gusali… habang ang lahat ay palabas na napagutusan ang unang grupo ng empleyado na muling bumalik at para daw isarado ang mga kandado ng mga trolley. Sa aking pananaw at sa pananaw ng lahat na mali na bumalik ka sa pagkakataon iyon. pero ibang topic pa yan.

 

 

Ang punto ko dahil sa pinagkait ang paggamit ng cellphone sa pagawaan ay nung mga oras na iyon lahat kami ay nag alala sa mahal namin sa buhay gayundin ang mga mahal natin sa buhay sa atin ngunit di kaagad namin nalaman kung ano ang nangyari. Ang masakit pa ay di agad namin makuha ang cellphone sa aming mga locker dahil nga sa naganap na pangyayari ngunit ilang oras na ang nakakalipas inatasan na ang lahat na ligtas ng bumalik ng pagawaan ngunit ang pinakamasakit at pinatay ang lahat sa pag aalala upang matawagan kahit huli na ang aming mga minamahal ng ipagbawal muna nila ang pagpunta at pagbukas ng locker lalo na ang may dalang smocks bantay sarado ang mga guwardiya sa locker area at gusto nila pumasok muna ang empleyado sa gowning at magpa scan bago magpunta sa locker parang sobra naman yatang wala ng tiwala sa ating lahat pede naman kaming bantayan habang kinukuha naming ang cellphone sa aming locker…

 

ISA PA ULING HINAING :

disclaimer applies...)

 

my 2¢ on this:

don't they see that this "policy" is a blatant form of discrimination?

they should have asked opinions about this before applying it.

as evident in the "policy download" that no one(for those who were present) from team 4 was surveyed regarding the matter.

 

look at these:

- the "policy" was implemented because of two items: SECURITY and PRODUCTIVITY.

 

then why implement it at *site1* only? don't the other *products* products (flash, cep) fall under High Value Inventory too? worthless ba mga yon?

 

don't you think that the other factories would benefit from this "policy" by being more "productive"? or they don't need this to be productive?

 

- SECURITY. they downloaded that the "policy" is designed to disrupt criminal communications yet they allow cellphone passes...are we to

 

assume that those with passes have undergone a thorough investigation and found innocent and had solemnly swear they would not do any criminal acts? so what does that make the rest of us? - - - suspects?

did security narrowed down their suspects to just the rank and files?

 

if they would be giving these two reasons for the "policy" implementation they should implement it properly

 

otherwise it is a highly questionable "policy" to implement.

 

my suggestion. first, redo the "survey" i believe no rank and file were asked for their inputs, second, apply the "policy" across all sites and personnel. no if's and but's. only then will this "policy" be not so suspicious.

 

 

HUMIHINGI LANG PO KAMI NG KAUNTING PAGSILIP SA MGA ABOGADO ng MTC.... salamat po!

[bokam]

JustX,

 

Yup, management can do that in the exercise of its "management prerogative."

[bokam]

strutbar,

 

M lousy at tagalog so i cant comment on some parts. But Im guessing that its all about the banning of mobile devices in the workplace by the management.

 

Sad to say, such move by management may still be considered as "management prerogative" and is therefore valid.

 

But it does not, however, mean that the employees have no other recourse on the matter.

 

The remedy that labor may avail will depend upon the structure of labor. If the establishment is organized, then the labor Union might help. If not, then employees can always resort to "labor-management councils", if any, for matters regarding company policy and decision-making.

 

Hope I somewhat answered your question.

[charmofcaleb]

COMPANIES OR INDIVIDUALS IN NEED OF SECURITY GUARDS...PM ME COZ I HAVE A REGISTERED PROFESSIONAL SECURITY AGENCY...OR EMAIL ME AT calebcarisma@yahoo.com[/size]

[justx]

JustX,

 

Yup, management can do that in the exercise of its "management prerogative."

<{POST_SNAPBACK}>

 

thanks bokam,

 

I found a Supreme Court decision on this specific point. It might interest you too in your upcoming future legal battles. (Santos, et al. vs. Court of Appeals, et al., G.R. No. 141947, July 5, 2001)

[servo101]

strutbar: i honestly believes that still falls within the ambit of "management prerogative". Management can do impose whatever policy it deems to be in its best interest. It may not be in the best interest of the employees but as long as no labor laws are violated, then there really is no remedy for it. You could always enter in consultations with the company to redress these "issues" but then again, I doubt the company would act on it since these aren't even grievances to begin with.

[justx]

strutbar,

 

What type of business is your company engaged into? Is it the type where the full concentration employees is indispensable to get the job done? Is the prohibition applicable to all, from managers to rank and file employees?

 

I hope it is not into banking and in Quezon City because there is a city ordinance banning (criminalizing) the use of cellphones inside QC bank premises.

[roxysnonie]

 

guys, anybody got a sn for kazaa download accelerator v1.04.9? highly appreciate it...

[-=extreme=-]

Try these keys:

 

258-4587-528

or

528-4587-218

or

258-4587-668

[roxysnonie]

 

thanks! it worked!

 

one more time!

 

made a reinstall to xpsp2..

 

now i need a working serial for avg v7.28 network edition, anybody got some?

 

salamat!

Edited October 23, 2004 by roxysnonie

[Ryuji_tanaka]

lam niyo ung up the fourth degree of consanguity? gano ba kaklose un?ano ba pinsan tita o wat ba un?

[coolestboy]

a lawyer friend of mine told me...u count this way...

 

child to parents (first degree)- child to parents to grandfather (second degree)- child to parents to grandfather to uncle/aunt (third degree), child to parents to grandfather to uncle/aunts to cousins (fourth degree)

 

consanguinity - affiliation by blood....

[yellowjacket]

I need some advice here. here's the problem. i got married 1991 in a simple ceremony in my ex-wife's house and the very next day i left abroad to work. when i came back two years later we never had the chance to consummate the marriage coz we decided to partways. question is do i have to file for nullity or annulment?

 

Pls. help me out of this.

[coolestboy]

I need some advice here. here's the problem.  i got married 1991 in a simple ceremony in my ex-wife's house and the very next day i left abroad to work. when i came back two years later we never had the chance to consummate the marriage coz we decided to partways. question is do i have to file for nullity or annulment?

 

Pls. help me out of this.

<{POST_SNAPBACK}>

 

 

have a clinical psychologist examine you and your spouse...either of you may be psychological incapacitated to fulfill your marital obligations. Art. 36 of the Family Code says its a ground to declare your marriage null and void.