legal Free Legal Advice

[Moonelf]

Gentlemen,

 

Its my first time to consult something here in this thread, hope you would pardon my indulgence because I'm not sure if its a valid case/claim or not (my apologies to thunderboy123, really need to ask this).

 

First I would like to give you an overview of my mother in-law's situation. She is working as a hired help in a medium sari-sari store which also has a bakery. At first we were thankful that someone still took her in considering her old age, and still supports 2 of my wife's sisters. Before she was hired to help-out on checking sales of different branches of the sari-sari store/bakery, later due to lack of workers she was transferred in one of these branches. It was supposed to be a temporary set-up just until they get a replacement for the last hired help that have resigned that post.

 

Eventually the temporary status became a permanent one, of course its still well and good because it beats not having a job at all right? She used to work a typical 7-5 shift / monday-saturday for a small business. Now comes the irritating part, the owners changed it to a 7-8 daily shift (13 hrs.), to which she is not paid any overtime. After that drastic change we suggested for her to find other work, but she reluctantly disagreed. She said that at her age and situation it would be impossible for her to get a better job that she knows. Well got stumped there, because both me and my wife can't offer much to them for we struggle as well. Not much we could do now because we used most of our savings to pay-off some of my in-laws's debts. Actually that didn't stop there, aside from changing it to 7am - 8 pm they also took out the only day-off she had which was sunday and they even made her help in packaging of some of the bread the bakery is making (while tending the store too). So I thought to myself WTF! They're taking advantage of my in-law's sorry situation. They even have the guts to say that she has "utang na loob" to them for the job they're giving her to which I think is too much! We urged her to resign but she stubbornly declined our suggestions. Because with all those bills and outstanding debts she's still paying she can't stop she said, not to mention the medical needs of one of my sister in-law. But I wanted to help her if not in financial terms, maybe I can help give her a better understanding of her rights as a worker.

 

So this may be far fetched but does she or could she claim for overtime pay? The pay is not to be desired either, she gets a mere PhP 200 for a days work (for 13 hrs and w/o day-off). So can she stake such claim? Do we have basis for a complaint?

 

Come to think of it, even if she does have a claim I don't know if we could even fight for it in court.

 

I guess I just wanted to ask for comments on this on a professional point of view.

 

My thanks in advance.

[bonito99]

Dearesr Sirs,

 

I have a friend his relationship with his wife are always in a state of war, recently nagaway na naman sila tapos sabi ng wife ipapapblotter kita (husband) so sabi ng lalaki sige gawin mo, so ginawa ng woman tumawag sa barangay at police at nagcreate siya ng scenario na kesyo tinutukan siya ng baril, sinaktan siya at pinalalabas nagwawala pa ang lalaki, at may props pa siyang medical certificate.  Pero ang reality hindi siya nanutok ng baril, hindi siya nanakit pero verbally talaga nakikipagsabayan siya sa awayan.  Meron pa ginawa ang woman dinala ang baril sa pulis pero sinama nman ang license card sinurender for safekeeping purposes daw. Ngayon ang lalaki nung nsa barangay hindi masydo makadefend sa sarili because mas binibigyan ng weight ang babae, so puro yes na lang siya kaya binigyan siya ng barangay protection order na 15 days or more hindi siya pwedeng bumalik sa bahay nila. Yung baril naman niya kasi hindi na siya pumalag sa debate nakuha nman after three days although medyo naglabas siya pameryenda at iba pang padulas kasi kumplet nman papers niya.  Question is may batas daw ngayon RA something na maski na konti galaw mo lang sa misis eh pagnagreklamo mabigat ang magiging kalagayan mo, paano nman ang kalagayan ng mister kung hindi naman totoo ang sinasabi ng misis? Lagi na lang ba siyang pwedeng ipabarangay or ipapulis na kesyo tinutukan ng baril na kathang isip lang ng babae? Saan at paano ang gagawing ng mister para medyo may laban naman siya?

<{POST_SNAPBACK}>

 

 

Violence against women and children yan. sa Fiscal bagsak ng yan.

Doon sila magtutuusan.

 

If i were the husband, I'd make friends with the police and barangay.

[bonito99]

You have a strong case against the bakery/sarisari employers.

[Dr_PepPeR]

You have a strong case against the bakery/sarisari employers.

<{POST_SNAPBACK}>

 

Probably. But consider the consequences. File something in DOLE. Of course the mom-in-law gets fired. Hire a lawyer, prepare complaint, get documents, follow up in DOLE. More expenses. Hearings, postponements, appeal etc. Bottom line is she still loses her job. Strong case not withstanding, he would still have to consider the economics.

[Dr_PepPeR]

Violence against women and children yan. sa Fiscal bagsak ng yan.

Doon sila magtutuusan.

 

If i were the husband, I'd make friends with the police and barangay.

<{POST_SNAPBACK}>

 

He should do something similar like file a complaint with the barangay and police for blotter purposes with his version of what happened.

[bonito99]

Probably. But consider the consequences. File something in DOLE. Of course the mom-in-law gets fired.  Hire a lawyer, prepare complaint, get documents, follow up in DOLE. More expenses. Hearings, postponements, appeal etc. Bottom line is she still loses her job.  Strong case not withstanding, he would still have to consider the economics.

<{POST_SNAPBACK}>

Those are consequences that I would prefer than having his mother get exploited.

Edited July 3, 2006 by bonito99

[SamanthaJones]

gud afternoon need your legal advice...the company that i worked for recently didnt give my salary. i think there are like 3 or 4 us who didnt get our salary last friday.payroll manager want us to wait until wednesday but they cant guarantee that by that time we could get it. i already happended before and what they din was to include the pay next pay day. what can i do? can i file a complaint in dept of labor?

[LooXee]

"The instruction at 0x08cc454d" referenced memory at "0x08cc454d".  The memory could not be "read"

 

"The instruction at 0x6290e139" referenced memory at "0x6290e139".  The memory could not be "read"

 

Click "OK" to terminate the program

Guys, what does this error message mean?  anyone?

<{POST_SNAPBACK}>

 

 

Are you sure about that error message? Coz usually, it should be 0x800----. This is the first time ive heard of that error message.

 

Anyways, when will that error message appear? and Is it on a blue or black screen? Or probably a pop-up window? wat Operating System are you using?

[Moonelf]

You have a strong case against the bakery/sarisari employers.

<{POST_SNAPBACK}>

 

 

Probably. But consider the consequences. File something in DOLE. Of course the mom-in-law gets fired.  Hire a lawyer, prepare complaint, get documents, follow up in DOLE. More expenses. Hearings, postponements, appeal etc. Bottom line is she still loses her job.  Strong case not withstanding, he would still have to consider the economics.

<{POST_SNAPBACK}>

 

Sir bonito I too think that way, but due to my lack of legal knowledge keeps me in the dark. And yet what Dr P stated may be disheartening but still is the cruel truth we face right now.

 

Even if we decided on going thru with it and with the understanding of a strong case on our part we don't know up to what extent we can endure the trial process let alone the professional expenses that it may incurr.

 

It just really saddens me that there are people (not to mention them being rich) thriving on other peoples misery. So how can the small people like us even believe in the justice system?

 

 

 

Those are consequences that I would prefer than having his  mother get exploited.

<{POST_SNAPBACK}>

 

Thats what I thought too but what can we do? We can't fight them head-on. A former employee of theirs made a complaint due to alledged physical injuries incurred from the male owner. They even went to Mon Tulfo about it, but I heard from my mother in-law the case got sacked even with Tulfo's help I think...

 

Well I thank you for your comments, I just wanted to get this load off that's been bugging me for quite some time now. I hope that you could extend me your views further in future inquirries.. :thumbsupsmiley:

Edited July 3, 2006 by bonito99

[bonito99]

Try to have faith in our justice system.

 

I had a case, for the seaman-employee, for illegal dismissal. We won at the arbiter level, commission, CA and SC against the erring employer.

 

We still have hope.

[teasoy216]

wow, dami pala ditong naive or freenhorn, the justice system here in the philippines only service the power broker and influence peddler. i thought the SC was insulated from this kind of influences or pressure group, but sadly no.... read the decisions... the decision flipflop depending on the parties involve. s@%t!!!!

[bonito99]

That's what you call "undermining" the judicial system.

 

If you are one of us, I am so sorry with your attitude.

 

 

 

And may I remind you that this is a free legal help desk.

[Dr_PepPeR]

Those are consequences that I would prefer than having his  mother get exploited.

<{POST_SNAPBACK}>

 

Mr. Bonito I would rather not argue this point with you. I too do not like seeing anyone get exploited. All I am saying is that people open their eyes to the consequences of what they are about to do, actionable rights notwithstanding. You cite your recent case involving the seaman, good for your client then if he has the means to support himself while the wheels of justice slowly grind. Faith? Yes, that would be nice but I'd rather be a realist. My first concern is the welfare of my client.

 

My apologies for the off topic remark, this is after all, a free legal help forum.

Edited July 4, 2006 by Dr_PepPeR

[Dr_PepPeR]

gud afternoon need your legal advice...the company that i worked for recently didnt give my salary. i think there are like 3 or 4 us who didnt get our salary last friday.payroll manager want us to wait until wednesday but they cant  guarantee that by that time we could get it. i already happended before and what they din was to include the pay next pay day. what can i do? can i file a complaint in dept of labor?

<{POST_SNAPBACK}>

 

Of course you have every right to file a complaint with the DOLE. Salaries are one of the primary obligations of a company. Second only to taxes that is. If only four of you didn't get their salaries then there are also discriminatory policies involved which are also a cause of action. Do you have a union? Is there a grievance procedure? Suggest you write the President or HR head or union leader about this to document your complaint.

[yakanampu]

pa join sa discussion, bedan law student here.

[SamanthaJones]

Of course you have every right to file a complaint with the DOLE. Salaries are one of the primary obligations of a company. Second only to taxes that is. If only four of you didn't get their salaries then there are also discriminatory policies involved which are also a cause of action. Do you have a union? Is there a grievance procedure? Suggest you write the President or HR head or union leader about this to document your complaint.

<{POST_SNAPBACK}>

 

 

actually there are still others who didnt get their pay..most of them were either transferred to another account. We don't have a union. And we also dont have an employer-employee relations department.Do i have just cause to file a complaint with the DOLE?The head of hr dept(american) actually refuse to give my salary in a cash and the people in the payroll department were told not give out cash because they will be issued a corrective action if they do so. So our operations manager spoke with our Country Manager and in the mean time they gave me 3k, but if i get my whole salary from the atm i will have to return the 3k to them.what should i do?i got my payslip too, it didnt reflect the pay i was suppose to get for that pay period.actually it didnt indicate anything at all. they told me that it will be reflected in my next payslip.

[jopagong]

HELP mga sir : i have a pqi 512mb flash disk, the one when you buy comes with a disk-software for password protecting and partitioning the drive... because i needed to secure a lot of files i partinioned the 'flash' into two, both 256 size, with half of it secured with password...

 

i used the said storage for about 5 months... the problem is, comes the time that i needed to format the unsecured portion , and stupid me i accidentally deleted/ formated the same..which includes the whatever small program required to open the 'secured' space. ang malaking problema pag view mo yung disk iisa na lang ang partition, naging 256 na lang yung flash instead of 512. hindi na maopen yung 'secured' space... patulong naman o

[Dr_PepPeR]

actually there are still others who didnt get their pay..most of them were either transferred to another account. We don't have a union. And we also dont have an employer-employee relations department.Do i have just cause to file a complaint with the DOLE?The head of hr dept(american) actually refuse to give my salary in a cash and the people in the payroll department were told not give out  cash because they will be issued a corrective action if they do so. So our operations manager spoke with our Country Manager and in the mean time they gave me 3k, but if i get my whole salary from the atm i will have to return the 3k to them.what should i do?i got my payslip too, it didnt reflect the pay i was suppose to get for that pay period.actually it didnt indicate anything at all. they told me that it will be reflected in my next payslip.

<{POST_SNAPBACK}>

 

I suggest you start documenting it. Write to the country manager cc everyone high in the ladder you think should know, detailing everything you know and have it received personally or by the secretary if necessary. Make the letter reasonable but pointing out objectively what you know and demand that you be given what is due you. Try to get your co-employees similarly situated to do the same thing. At the least, this will alert them that you are conscious of your rights and possibly laying the groundwork for legal action. At the worst is they will pick on you and your co-employees who dared question them. If they do not react by writing back to you or resort to strong-arming, then you have to decide whether to go to DOLE. Yes of course you have the right but weigh it against the consequences. Sometimes Lady Justice moves in slow motion so be prepared. Good luck, I mean that sincerely.

[agentjackbauer]

If I may suggest a middleground. True, you may go and file a complaint with the NLRC or do nothing at all lest you risk you mother-in-law losing her job. However, you may try another tack. Try going to the Department of Labor and Employment and complain about the violations committed by your mother's employer. If the sari-sari store and bakery is under one business, I would think that it has enough employees to fall under the coverage of the minimum wage law (establishments with less than 15 employees are exempt, right? for the number). If your mother-in-law is getting less than the minimum wage, complaint about it. If she is not being paid overtime, complaint about that too, and all the other abuses being committed by the employer. If Im not mistaken, the Dole will treat your complaint in confidence thus there is no risk of the employer finding out that it was your mother-in-law who complained. On the basis of your complaint, the DOLE will send an investigator to visit the establishment concerned and verify the allegations. A letter will be issued telling the employer to rectify the violations and if the employer fails to do so, the DOLE itself will go after the employer.

 

Same thing with the SSS. I am almost certain that this employer is not collecting and remitting the proper employee contributions to the SSS. Criminal violation yan. You may also complain to the SSS and the said agency will send an investigator to the establishment.

 

Through this, you are able to do something about your mother-in-law's plight and at the same time, protect her present employment.

 

Good luck.

 

Gentlemen,

 

Its my first time to consult something here in this thread, hope you would pardon my indulgence because I'm not sure if its a valid case/claim or not (my apologies to thunderboy123, really need to ask this).

 

First I would like to give you an overview of my mother in-law's situation. She is working as a hired help in a medium sari-sari store which also has a bakery. At first we were thankful that someone still took her in considering her old age, and still supports 2 of my wife's sisters. Before she was hired to help-out on checking sales of different branches of the sari-sari store/bakery, later due to lack of workers she was transferred in one of these branches. It was supposed to be a temporary set-up just until they get a replacement for the last hired help that have resigned that post.

 

Eventually the temporary status became a permanent one, of course its still well and good because it beats not having a job at all right? She used to work a typical 7-5 shift / monday-saturday for a small business. Now comes the irritating part, the owners changed it to a 7-8 daily shift (13 hrs.), to which she is not paid any overtime. After that drastic change we suggested for her to find other work, but she reluctantly disagreed. She said that at her age and situation it would be impossible for her to get a better job that she knows. Well got stumped there, because both me and my wife can't offer much to them for we struggle as well. Not much we could do now because we used most of our savings to pay-off some of my in-laws's debts. Actually that didn't stop there, aside from changing it to 7am - 8 pm they also took out the only day-off she had which was sunday and they even made her help in packaging of some of the bread the bakery is making (while tending the store too). So I thought to myself WTF! They're taking advantage of my in-law's sorry situation. They even have the guts to say that she has "utang na loob" to them for the job they're giving her to which I think is too much! We urged her to resign but she stubbornly declined our suggestions. Because with all those bills and outstanding debts she's still paying she can't stop she said, not to mention the medical needs of one of my sister in-law. But I wanted to help her if not in financial terms, maybe I can help give her a better understanding of her rights as a worker.

 

So this may be far fetched but does she or could she claim for overtime pay? The pay is not to be desired either, she gets a mere PhP 200 for a days work (for 13 hrs and w/o day-off). So can she stake such claim? Do we have basis for a complaint? 

 

Come to think of it, even if she does have a claim I don't know if we could even fight for it in court.

 

I guess I just wanted to ask for comments on this on a professional point of view.

 

My thanks in advance.

<{POST_SNAPBACK}>

[Moonelf]

Try to have faith in our justice system.

 

I had a case, for the seaman-employee, for illegal dismissal. We won at the arbiter level, commission, CA and SC against the erring employer.

 

We still have hope.

<{POST_SNAPBACK}>

 

 

wow, dami pala ditong naive or freenhorn, the justice system here in the philippines only service the power broker and influence peddler. i thought the SC was insulated from this kind of influences or pressure group, but sadly no.... read the decisions... the decision flipflop depending on the parties involve.  s@%t!!!!

<{POST_SNAPBACK}>

 

 

That's what you call "undermining" the judicial system.

 

If you are one of us, I am so sorry with your attitude.

And may I remind you that this is a free legal help desk.

<{POST_SNAPBACK}>

 

 

Mr. Bonito I would rather not argue this point with you. I too do not like seeing anyone get exploited. All I am saying is that people open their eyes to the consequences of what they are about to do, actionable rights notwithstanding. You cite your recent case involving the seaman, good for your client then if he has the means to support himself while the wheels of justice slowly grind.  Faith? Yes, that would be nice but I'd rather be a realist. My first concern is the welfare of my client.

 

My apologies for the off topic remark, this is after all, a free legal help forum.

<{POST_SNAPBACK}>

 

 

If I may suggest a middleground. True, you may go and file a complaint with the NLRC or do nothing at all lest you risk you mother-in-law losing her job. However, you may try another tack. Try going to the Department of Labor and Employment and complain about the violations committed by your mother's employer. If the sari-sari store and bakery is under one business, I would think that it has enough employees to fall under the coverage of the minimum wage law (establishments with less than 15 employees are exempt, right? for the number). If your mother-in-law is getting less than the minimum wage, complaint about it.  If she is not being paid overtime, complaint about that too, and all the other abuses being committed by the employer. If Im not mistaken, the Dole will treat your complaint in confidence thus there is no risk of the employer finding out that it was your mother-in-law who complained. On the basis of your complaint, the DOLE will send an investigator to visit the establishment concerned and verify the allegations. A letter will be issued telling the employer to rectify the violations and if the employer fails to do so, the DOLE itself will go after the employer.

 

Same thing with the SSS. I am almost certain that this employer is not collecting and remitting  the proper employee contributions to the SSS. Criminal violation yan. You may also complain to the SSS and the said agency will send an investigator to the establishment.

 

Through this, you are able to do something about your mother-in-law's plight and at the same time, protect her present employment.

 

Good luck.

<{POST_SNAPBACK}>

 

Gentlemen,

 

May I extend my deep gratitude to all who have given their precious time on my querry.

Your opinions and knowledge gave a little more spark to my dimming trust to our justice system.

Even if Mr. Teasoy may be right on some occasions I would still want to extend my trust in our current justice system. It's just so hard to risk something that is what we are plainly in short of, which is the finacial resource that may tide us over while the wheels of justice slowly grinds.

 

My thanks to you Dr. P for reminding me for the risks, I just hope that the person we would get help from would be as just as you guys. Mind me for saying this but (maybe I've watched too many movies) some public defenders are more concerned for their own well being rather than their clients.

 

And to you Agent Jack, my thanks to you for extending your suggestions. This would really be a big help. You've given me a new hope for my mother in-law. I just hope that the provincial branches are not corrupt to carry out such complaint. I'm not sure if the owners have connections on these said institutions.

 

But nevertheless I thank you from the bottom of my heart!

[SamanthaJones]

I suggest you start documenting it. Write to the country manager cc everyone high in the ladder you think should know, detailing everything you know and have it received personally or by the secretary if necessary. Make the letter reasonable but pointing out objectively what you know and demand that you be given what is due you. Try to get your co-employees similarly situated to do the same thing. At the least, this will alert them that you are conscious of your rights and possibly laying the groundwork for legal action. At the worst is they will pick on you and your co-employees who dared question them. If they do not react by writing back to you or resort to strong-arming, then you have to decide whether to go to DOLE. Yes of course you have the right but weigh it against the consequences. Sometimes Lady Justice moves in slow motion so be prepared. Good luck, I mean that sincerely. 

<{POST_SNAPBACK}>

 

Thank you so much for replying

[zeromike22]

Now here's the real problem as i tried to reinstall all my updates(since my backup copy pa ako) my screen suddenly turns to blue and i get a message stating "memory dump" sad.gif sad.gif

 

how could i possibly install all my updates without getting a memory dump??? blink.gif blink.gif blink.gif please help

[Barenaked-NoMre]

Got this in my mailbox ...

 

For the benefit of those interested ...

 

Subject: TOSHIBA Bodega Sale and Roadshow - Special Prices and Deals

 

Venue: Level 3, The Enterprise Center

6766 Ayala Avenue cor. Paseo de Roxas

Makati City

Dates: July 13-14 (9am-5pm)

[apo8]

guys, need your help here. I'm renting out a factory warehouse, my tenent did not pay his meralco bills amounting to millions. Now my warehouse is blacklisted by meralco and won"t connent electicity to my place. What course of action must I do

[bonito99]

Write a letter to your tenant. What does your lease contract say?