legal Free Legal Advice

[sheila70]

I have a question regarding my SSS & Pagibig contributions which were not remitted by my previous employer.

 

From 1996 up to 2001, the company I worked for religiously deducted my contributions every month only to find out that they were lagging behind the quarterly remittance of their employees' contributions until eventually, they stopped remitting at all. Now, I can't even apply for a new loan even if I have already exceeded the number of contributions required because I still have a pending SSS salary loan amounting to P13,000+. I have my payslips to confirm that I was able to pay off my loan in 24 months. Before I left the company, we were informed that by next year, everything should have been cleared with SSS because the said company applied for amnesty. I've already inquired from SSS & was informed that I have to pay my salary loan in cash to be eligible for a new loan.

 

I've worked my ass off for this company, I want to get everything they've taken from me. It might be a small amount but I've learned that I wouldn't be able to apply for a passport if I have unpaid loans.

 

I'd be more than glad to hear from you sirs. Thanks :*

[$weet Baby]

hi sweet, just some clarification before we deal with the issues.  do you mean to say that these employees also have  contracts with your company? If thats the case,  the so-called probationary employees may also be considered as contractual employees.

<{POST_SNAPBACK}>

 

 

are you asking if they have a copy of their contract? yes they have copy. The reason why we're going to extend is for re-evaluation with in 3 months. To give the agents time also to improve their performance, then our director doesn't want also to have high attritions, since we're spending a lot on their training.

[$weet Baby]

A call center is relatively a new industry which cannot be easily classified as far as labor laws are concerned.  Unlike construction companies where a lot of rulings have already been issued, call centers are still somewhat of a novelty as far as labor jurisprudence is concered.  Thus, the classification of "contractual employees" for your employees may not necessarily apply in that they will be performing "regular functions" in a call center.

 

The observation that employees become regular after the 6th month of employment is correct in that you may have some problems "terminating" them because they now enjoy a more secure tenure in your office.  Even if they will be considered contractual, labor laws now recognize the class of "regular contractuals" who you cannot terminate while the need for their services exist.  Considering that the people you may be considering as "regular contractuals" may be doing what majority of your employees are performing, they may as well be considered regulars for all intents and purposes.

 

Please note that a lot of people have worked on ways to go around the regular employment rule but very few have succeeded in doing so.  Short of going to court (or the NLRC), there is really no hard and fast rule of knowing if your plan has actually succeeded or not.

<{POST_SNAPBACK}>

 

 

Thanks, I agree to that. Will it be possible if I'm going to issue a contract extension notice, stating the areas that the agents need to improve then if with in the 3 months extension & they don't improve their performance they will be terminated.

[Dr_PepPeR]

Thanks, I agree to that. Will it be possible if I'm going to issue a contract extension notice, stating the areas that the agents need to improve then if with in the 3 months extension & they don't improve their performance they will be terminated.

<{POST_SNAPBACK}>

 

I think this is still subject to the 6 month rule on regular employment. So as long as the termination is done within the probationary period, you will be OK. I have a feeling if ever a case like this goes to the NLRC, it will rule in favor of the employee, particularly if the employer cannot justify that the work is seasonal or project related.

[freelicker]

Thanks, I agree to that. Will it be possible if I'm going to issue a contract extension notice, stating the areas that the agents need to improve then if with in the 3 months extension & they don't improve their performance they will be terminated.

<{POST_SNAPBACK}>

 

Extending the employment of a probationary employee past the probationary period will automatically make them regular, no matter what the reason for the extension. We have seen cases were even if the extension was with the consent of the employee or the extension was made based on humanitarian reasons, the employer was still made liable for the termination after the employee became regular.

 

So your proposal may not fly, at least not without some exposures.

[Dr_PepPeR]

I have a question regarding my SSS & Pagibig contributions which were not remitted by my previous employer.

 

From 1996 up to 2001, the company I worked for religiously deducted my contributions every month only to find out that they were lagging behind the quarterly remittance of their employees' contributions until eventually, they stopped remitting at all. Now, I can't even apply for a new loan even if I have already exceeded the number of contributions required because I still have a pending SSS salary loan amounting to P13,000+. I have my payslips to confirm that I was able to pay off my loan in 24 months. Before I left the company, we were informed that by next year, everything should have been cleared with SSS because the said company applied for amnesty. I've already inquired from SSS & was informed that I have to pay my salary loan in cash to be eligible for a new loan.

 

I've worked my ass off for this company, I want to get everything they've taken from me. It might be a small amount but I've learned that I wouldn't be able to apply for a passport if I have unpaid loans.

 

I'd be more than glad to hear from you sirs. Thanks  :* 

<{POST_SNAPBACK}>

 

While it is true that the company is liable to remit its SSS contributions, it seems you are applying for another SSS loan. While the company deducted your SSS loan payments, it seems that the company did not remit this to SSS. You may file a complaint with the SSS against the company for non-remittance of SSS contributions/payment but then this will take time. However you still cannot avail of a loan until your previous loan is fully paid.

[Kurtsky Keigee]

edited made a new thread for my Q

Edited March 10, 2006 by kUrTsKY

[<"Blood Burst">]

gud pm computer experts!

im planning to buy a laptop pc.

and i want one that can accomodate simultaneous

programs like photoshop & autocad/microstation.

any recommendations on the needed specs.?

thanks..

[agentjackbauer]

Other than filing a complaint with the SSS, why dont you take it a step further and file a criminal complaint for violation of R.A. 1161, as amended by R.A. 8282 (the "SSS Law"). All you need is proof that your employer deducted premium contributions from your salary but failed to remit it to the SSS. Mahirap depensahan ang kasong ito. Mabigat pa ang penalty, more than 6 years and one day kaya hindi probationable. Once you do this, Im willing to bet your employer/s (in this case, the directors of the company) will be more than willing to settle the matter with you immediately.

[lomex32]

Hello BB

 

Ideally for Adobe Photoshop (actually Adobe Indesign na ang latest stop na ang Photoshop)

ung mataas ang Memory .... 1GB at least specially when u intend to work with high resolution graphics of 20mb up. opening large graphic files will utilize disk caching (meaning magagasta ng husto ung disk mo) if the PC memory is too low.

 

PIV 2.X Mhz is OK, kung laptop u may consider the Pentium M (mobile)

 

Try buying on the upper floors of Sim Lim when you opt for laptops

 

QUOTE(<"Blood Burst"> @ Mar 10 2006, 03:11 PM)

gud pm computer experts!

im planning to buy a laptop pc.

and i want one that can accomodate simultaneous

programs like photoshop & autocad/microstation.

any recommendations on the needed specs.?

thanks..

<{POST_SNAPBACK}>

[<"Blood Burst">]

Hello BB

 

Ideally for Adobe Photoshop (actually Adobe Indesign na ang latest stop na ang Photoshop)

ung mataas ang Memory .... 1GB at least specially when u intend to work with high resolution graphics of 20mb up. opening large graphic files will utilize disk caching (meaning magagasta ng husto ung disk mo) if the PC memory is too low.

 

PIV 2.X Mhz is OK, kung laptop u may consider the Pentium M (mobile)

 

Try buying on the upper floors of Sim Lim when you opt for laptops

<{POST_SNAPBACK}>

:thumbsupsmiley:

thnks bro.....

[sheila70]

Other than filing a complaint with the SSS, why dont you take it a step further and file a criminal complaint for violation of R.A. 1161, as amended by R.A. 8282 (the "SSS Law"). All you need is proof that your employer deducted premium contributions from your salary but failed to remit it to the SSS. Mahirap depensahan ang kasong ito. Mabigat pa ang penalty, more than 6 years and one day kaya hindi probationable. Once you do this, Im willing to bet your employer/s (in this case, the directors of the company) will be more than willing to settle the matter with you immediately.

<{POST_SNAPBACK}>

 

Thanks so much. At least I know where to start. I'm not really trying to apply for a new loan. I just want my contributions & loan payments updated. Good thing I kept all of my payslips from that previous company

 

Now I need a lawyer who would make those people quiver & sweat with utter fear just by seeing his name

[gulaman]

no, a lawyer cannot officiate marriage. only the following are allowed.

a. priest/ minister - provided that at least one of the parties is a member of the church or congregation

b. judges - can be done only within the area of their jurisidiction

c. mayors - same as judges.

falling out of love is not a valid ground.

<{POST_SNAPBACK}>

hmm..pero bakit ang nagkasal sa kaibigan kong babae isang abugado lang(kaibigan pa ng naging asawa nya), at nakakuha pa sila ng marriage license, yong nakalagay sa passport nya apelyido na ng lalake, ...

kailangan bang magduda pag ganon? Anong dapat gawin?

[agentjackbauer]

sheila, perhaps you should get a certification from the SSS that your premium contributions have not been paid or remited by your employer. while you are at it, kuha ka na rin ng copy ng quarterly collection list, kung pwede. your lawyer ought to know what to do, meaning, demand letter muna before anything else, baka doon pa lang bumigay na.

[Kurtsky Keigee]

Whats the difference between DVD-R and DVD +R?

How come I mostly torrent movie downloads that are in DVD-R format?

Is it better for movies? Can I use DVD+R for movies too?

Whats the difference?

Edited March 11, 2006 by kUrTsKY

[tamburukoy]

guys ano po bang mgandang brand ng harddisk ang mainam bilhin..??? :thumbsupsmiley:

[Kurtsky Keigee]

guys ano po bang mgandang brand ng harddisk ang mainam bilhin..??? :thumbsupsmiley:

<{POST_SNAPBACK}>

 

Seagate

:thumbsupsmiley:

 

Tested & Reliable

Edited March 11, 2006 by kUrTsKY

[$$G1ZaL$$]

Any help would be appreciated:

Bluescreen error: physical memory dump error

 

steps already performed

1. last known good configuration

2. disabled start up items in msconfig

3. system restore in safe mode

4. checked device manager for any problems. none

 

Im still getting the same error.

[cheesekeso2004]

Any help would be appreciated:

Bluescreen error: physical memory dump error

 

steps already performed

1. last known good configuration

2. disabled start up items in msconfig

3. system restore in safe mode

4. checked device manager for any problems. none

 

Im still getting the same error.

<{POST_SNAPBACK}>

 

specs? any info what happened or what you did before this thing happened?

[jopoc]

hmm..pero bakit ang nagkasal sa kaibigan kong babae isang abugado lang(kaibigan pa ng naging asawa nya), at nakakuha pa sila ng marriage license, yong nakalagay sa passport nya apelyido na ng lalake, ...

kailangan bang magduda pag ganon? Anong dapat gawin?

<{POST_SNAPBACK}>

 

 

oo naman, dapat kayo magduda nun. start by checking the city registry kung naipasok na mag asawa na sila. check kung sino nagkasakal, etc.

 

gusto ba nila magpa annul?

[joepoc]

if you need jopocs real advice call him

dito 0917******* or 0922******* :thumbsupsmiley:

 

 

 

no posting of contact #s. :mtc:

Edited March 12, 2006 by bubuy

[xycho_g]

does anybody here use spyware doctor 3.5.1.498?....meron b kayong license name and code?...pa share nmn. tnx...

[Dr_PepPeR]

oo naman, dapat kayo magduda nun. start by checking the city registry kung naipasok na mag asawa na sila. check kung sino nagkasakal, etc.

 

gusto ba nila magpa annul?

<{POST_SNAPBACK}>

 

 

if you need jopocs real advice call him

dito 0917******* or 0922******* :thumbsupsmiley:

no posting of contact #s. :mtc:

<{POST_SNAPBACK}>

 

I'm just curious. What is going on here?

[xycho_g]

can somebody explain to me what the hell is cyclic redundancy?...it has something to do with data on a cd or dvd....bkt nagkakaganito and how to prevent this data loss?...tnx...

[Kurtsky Keigee]

can somebody explain to me what the hell is cyclic redundancy?...it has something to do with data on a cd or dvd....bkt nagkakaganito and how to prevent this data loss?...tnx...

<{POST_SNAPBACK}>

 

Hmm that has happened to me a couple of times, esp when I buy pirated games tumitigil ung installer

I think it has something to do with the cd being scratched or something or bad data

Kasi I had a problem like this with GTA pc game before, I re-burned it to a new CDr and ok na..

Dont know how I fixed it though, coz I downloaded a new copy of the game too, maybe corrupt files also