legal Free Legal Advice

[bokam]

nzchick,

 

based from ur questions, i gather that is not phil law ur studying. Please keep in mind that some states may not have the same/identical principles as others.

[houseboy]

Good day.

 

I am working for Company A since July of last year. Our company has been experiencing heavy losses for the past year and the mother company has decided to close it. I have been having some disputes with my HR manager regarding the length of service rendered for the company. Since they are going to pay us our separation pay, I want to get what is due me.

 

Before I was hired by Company A, I was sent to abroad for training by Company A's sister company, which we now call Company B. Before going abroad for training, we signed a contract with Company B that we will work for them for 2 years after we have finished our training and that was in March 2001. We signed that contract and we proceeded with our training.

 

Upon the completion of our 2 years training, Company B has come to an agreement with Company A that my employment with Company A is to be transferred to Company B. They made us sign a contract, and this is what was stated in the contract:

 

Upon your successful completion of a 2 year training course abroad sponsored by CompanyA, and your subsequent return to your regular employment in the Philippines, Company B is pleased to inform you that Companies A and B have entered into an agreement whereby your employment with Company A shall be transferred to Company B, under the terms and conditions to be decided by both parties.

 

Since I was transferred to Company B, I was expecting that they will honor the length of service I have rendered with company A. Much to my dismay, they told me that they will not honor my previous employment because they said that I was just a trainee and not an employee. They told me that since there was no contract signed indicating that I was an employee of Company A, I am just a trainee and that I am not entitled to enjoy the benefits that was being given to regular employees. I told them that eventhough I don't have any proof or contract, the mere fact that I have paid my SSS contributions under Company A and the fact that I have continued my services with Company A for more than a year states that I am already a regular employee of Company A (this is just what I have read from the Labor Law).

 

Do I have the right to ask them to credit the two years of training I have rendered under Company A, thus making my total length of service to 3+ instead of 1? I want to get the 3 years of service because I want them to compute my separation pay based on the total number of years rendered for both co. A and B. They have tendered an offer that they will pay me 1 year plus they will give me another 1 year, making it appear that it is my "utang na loob" if they will pay me 2 years of service.

 

Hope you can shed light on this matter.

 

Many thanks!!!

 

:mtc:

[totoybola]

May panalo ka dyan tol. I won't go into legal details muna coz I just woke up at antok pa ako, but suffice it to say you have a very good chance of winning. However, if your employer/s decide to play hardball by refusing to settle once you've filed a complaint, matagalan din ang paghihintay. So its a choice between getting less money now or getting more later (di sure kelan). As a middle ground, I suggest you file a complaint before the NLRC then negotiate with them during the preliminary conference stage. Maybe you can negotiate for a better offer then .If your employers (plural, coz you will be impleading both A and are adverse to the prospect of a prolonged legal battle, they just might improve their offer. Sympre they also might not.Depende talaga sa timpla ng employer mo. Meron kasi dyan na prinsipyo pinapairal. If they feel talagang di ka dapat makakuha ng 3-yr separation pay, ilalaban nila. Of course, on your part, you also don't want to incur legal expenses. You simply want a better offer. Pero sympre, if prinsipyo pinapairal mo and you want to get 3 years worth of benefits, then ibang usapan na yon. Decide ka muna ngayon pa lang kung handa ka maghintay na mahaba-habang panahon para sa prinsipyo na yan. Kung hindi, take the offer (now or before the labor arbiter) and run.

[totoybola]

correction sa taas:"impleading both A and B..."

"suffice it to say that..."

[niceguy_7377]

What is the citizenship of a 26 year old person born in the US having both parents as Filipino? If he has a US passport already, can he still be a Filipino citizen? Will his citizenship be retained? Where will he pay taxes? US Gov or Phil Gov?

[TeeUp]

What is the citizenship of a 26 year old person born in the US having both parents as Filipino? If he has a US passport already, can he still be a Filipino citizen? Will his citizenship be retained? Where will he pay taxes? US Gov or Phil Gov?

being born to filipino parents, he is a filipino under philippine laws, which confer citizenship by reason of blood relations (jus sanguines). on the other hand, having adopted the principle of jus soli, US laws confer american citizenship to anyone who is born inside US territory irrespective of his parents' citizenship.

 

it is of no consquence under philippine laws if he is recognized as an american and a holder of a US passport under US laws or by any country for that matter. what matters to the philippines is that he is a filipino. by the same token what is important under US laws is that he is an american even if other countries recognize him as their own.

 

that being said, he is a filipino under philippine laws and an american under US laws. as such, he owes allegiance to each of the two countries for which he is duty bound to contribute in the raising of funds (called taxes) for the support and survival of each of the two states in consideration for the protection said countries afford to him as a citizen.

 

this however speaks of taxation in general. as to which specific taxes (excise, income, property, vat, etc...) he is under obligation to pay, depends on the tax laws of each of the two countries. it should be further be remembered that the extent to which each country may effectively enforce its tax laws on him as a citizen is entirely another issue.

 

peace!

Edited August 7, 2004 by TeeUp

[houseboy]

May panalo ka dyan tol. I won't go into legal details muna coz I just woke up at antok pa ako, but suffice it to say you have a very good chance of winning. However, if your employer/s decide to play hardball by refusing to settle once you've filed a complaint, matagalan din ang paghihintay. So its a choice between getting less money now or getting more later (di sure kelan). As a middle ground, I suggest you file a complaint before the NLRC then negotiate with them during the preliminary conference stage. Maybe you can negotiate for a better offer then .If your employers (plural, coz you will be impleading both A and are adverse to the prospect of a prolonged legal battle, they just might improve their offer. Sympre they also might not.Depende talaga sa timpla ng employer mo. Meron kasi dyan na prinsipyo pinapairal. If they feel talagang di ka dapat makakuha ng 3-yr separation pay, ilalaban nila. Of course, on your part, you also don't want to incur legal expenses. You simply want a better offer. Pero sympre, if prinsipyo pinapairal mo and you want to get 3 years worth of benefits, then ibang usapan na yon. Decide ka muna ngayon pa lang kung handa ka maghintay na mahaba-habang panahon para sa prinsipyo na yan. Kung hindi, take the offer (now or before the labor arbiter) and run.

 

Thank you Sir!

 

Ewan ko kung prinsipyo yung pinapairal ng employers ko, pero sa tingin ko e hindi. HR head kasi namin ang nakikipag-usap sa President namin (Japanese). Dahil nga siguro dahil sa sulsol ng HR head namin, kala ng Japanese na Pres namin e tama na yung HR head. Kaya nga binigyan ako ng offer ng President para naman daw hindi ako magtampo sa kanila. Hindi lang kasi nakakaintindi ng maayos yung HR head namin. Ewan ko ba kung bakit naging HR head yun! :sick: Yung computation nga ng SL/VL namin e hindi maintindihan. Yung length of service ko pa kaya. Tsk tsk tsk. Sabi na lang ng President namin, consult na lang daw niya sa lawyer nila. Sana ay pareho kayo ng payo para naman mas malaki matatanggap ko.

 

Salamat po uli! Sa uulitin. :cool:

[dj_flip03]

There are current issues on the creative audigy drivers for windows xp, you need to get the latest driver to fix it, if you use the cd installer driver then you'll get blue screen/autoreboot issues.

Damn, you're right!!! I downloaded the latest driver and it worked!!!

 

Now, one more thing: I used a pirated XP os , now I got 15 days left to activate it. Will i lose everything here if I dont activate it? (obviously, I can't activate it cause its an illegal copy).

Edited August 7, 2004 by dj_flip03

[izzecoh]

bakit ang monitor ko nag "OUT OF RANGE" everytime i install the new video driver.... is it in the OS nya or s CMOS config...

[l3v3l]

bakit ang monitor ko nag "OUT OF RANGE" everytime i install the new video driver.... is it in the OS nya or s CMOS config...

try to adjust your VGA Driver frequency to 60Hz.. your monitor might not support higher refresh rates...

[l3v3l]

can anybody accompany me buy a pc?heheheh

sure....

[l3v3l]

pre tanong ko lang saan sa manila pinaka mura mag assemble pc na malinis at walang fake parts... meron daw kasing labas ang asus na fake gawa china na naka kalat sa manila o pinas...salamat!!

 

:cool:

actually, most MB makers have transfered shop from taiwan to china.. so you would mostly see "Made in China/Assmbled in China" MBs from companies like ASUS, GIGABYTE, ABIT and the rest...

[younghermit]

What is the citizenship of a 26 year old person born in the US having both parents as Filipino? If he has a US passport already, can he still be a Filipino citizen? Will his citizenship be retained? Where will he pay taxes? US Gov or Phil Gov?

Lucky guy! A pure DUAL CITIZEN.

 

As for the consequences, the laws of the two nations (US and RP) will govern as far as practicable (Teeup has already given sufficient explanation for this).

 

Taxwise= The general rule is that HE is the tax subject of the state where he is a RESIDENT.

[younghermit]

1. Anybody know other solutions for spyware other than Ad Aware?

 

2. Other than tweaking the registry, anybody know how to fix the home page url for internet explorer in case a malicious program turns the default 'home page' into a particular site?

 

3. anybody know what this site is: (http://www.windowws.cc/hp.htm?id=80.) WARNING: please don't go there if you dont know what you are doing.

[menime]

Damn, you're right!!! I downloaded the latest driver and it worked!!!

 

Now, one more thing: I used a pirated XP os , now I got 15 days left to activate it. Will i lose everything here if I dont activate it? (obviously, I can't activate it cause its an illegal copy).

Is your copy of windows saying that you need to activate it, mine doesn't I'm also using a pirated copy of windows, where did you buy your cd? The ones that you get from your greenhills tiange doesn't need to be activated because they pirated the corporate edition of winxp pro.