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Butsoy

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Guys can you help me?

 

I lost my files, dont know what happened..pag open ko ng laptop ko, bumalik sa default settings ng windows..Concern ko lang kasi all my files are in my docs folder.Pero I noticed na andito pa rin yung mga programs ko..My docs files ko lang talaga nawala. I already perform system restore, but unfortunately di sya nag work.. Ano kaya cause? Im using WinXP Home edition.Pls. help me. -_-

 

yup, running in safe mode is perfectly advisable.. pero kung talagang wala mga files mo, download ERPO.. this is a recovery program used by NASA.. its a freeware now.. download mo lang the software is OnTrack Recovery Software.. ti can even recover a formatted hard drive may it be FAT or NTFS format ;)

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wat if sum1 told the employee to resign, for example "kung ndi mo ako makasundo resign ka" is this considered as firing an employee or not???

From what i understand, asking you to resign is like giving you the opportunity to save face from something that is inevitable.....it's not firing....they're doing you a favor.

Edited by Waterbearer
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i have a problem with my surname and middle name it was mispelled. all my records in school and other docs carries the same name except my BC (birth cert). local registry told me na kailangan ko pa daw umatend ng hearing next year march. it they also asked me to pay Php1500. i needed this birth cert for my passport application. i am due to leave this year. can somebody help me on this? need reply asap.

Unfortunately.....your local registry is right..

 

Article 376 of the Civil Code provides that "No person can change his name or surname without judicial authority.". Article 412 of the same Code provides that "No entry in a civil register shall be changed or corrected, without a judicial order.". (kaya kailangan may hearing at di lang hearing...may publication pa ng petition mo in a conspicuous place )

 

Pero BAKA pwede mo namang i-contest na typographical lang sya......

 

Republic Act 9048 amended Articles 376 and 412. Section 1 of this amendatory law provides: "No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.".

 

...yung sa Php1500 ....eto breakdown:

 

filing fee in the amount of one thousand pesos (P1,000.00) for the correction of clerical or typographical error

P500....pangkape :boo:

Edited by Waterbearer
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Guest Leviticus

last week I went to HMR and saw a bunch of thin client terminals. Good enough for browsing and office applications, cheap price too as compared to getting a computer set. I asked the tech guy on how to set it up but the A**h0le doesn't want to divulge any info about multiple remote desktop access using winxp, will have to pay him a hefty sum just to set it up :grr:

 

Any info from MTC community? I bought 1 unit from HMR and currently researching how to make it work.

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Guest mitchiko0
mga pre, napakalaki ng maitutulong nyo sakin pag alam nyo ang solusyon sa problema kong ito. nag attached ako ng pics na lagi lumalabas sa screen bago mag restart PC ko. thanks in advance...

 

 

 

yan din ang problema ko sa pc ko.....at salamat sa mga sumagot d2....i guess bili na lang muna me ng new HD...then gawin ko na lang pong slave yung luma ko.....two thumbs up sa inyong mga techy people...

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guys meron akong question regarding labor, pag ang employee nyo mga 8yrs na sa inyo then nag resign, meron ba dapat separation pay or wala?? panu ang computation?? thanks in advance dud

Unless otherwise specified, your final pay should look like this?

 

1 month salary xxxxx

13th month pay (Pro-rata) xxxxx

Encashable leaves (Pro-rata) xxxxx

Other bonuses (Pro-rata) xxxxx

Gross Compensation xxxxx

 

SSS xxxxx

Final Withholding tax on Compensation xxxxx

(They're supposed to give you a certificate)

HDMF xxxxx

EC xxxxx

Company Loans xxxxx

Total Deductions xxxxx

 

Net Final Pay xxxxx

 

Note that i did not include any provision on separation benefits on resignation....there aren't unless your company provides one....Pls. check with your HRD.

 

Peace. :)

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From what i understand, asking you to resign is like giving you the opportunity to save face from something that is inevitable.....it's not firing....they're doing you a favor.

 

that is wat i was hoping to hear, tenks very much for ur help dud :cool:

 

another topic

 

is carrying a weapon jus enuf so sum1 can see it is considered a threat?? or not yet?? wat if am jus holding it, n not raising it or pointing it to anyone???

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that is wat i was hoping to hear, tenks very much for ur help dud :cool:

 

another topic

 

is carrying a weapon jus enuf so sum1 can see it is considered a threat?? or not yet?? wat if am jus holding it, n not raising it or pointing it to anyone???

Depending on the type of weapon you are carrying (offensive or defensive), you should or everyone else for that matter be aware of the following:

 

1. PD 1866 (Illegal Possession of Firearms)

 

2. PD 5121 (Concealment of a Deadly Weapon).

 

With that said, we move on.....

 

Threat is defined as follows:

 

1.An expression of an intention to inflict pain, injury, evil, or punishment.

2.An indication of impending danger or harm.

3.One that is regarded as a possible danger; a menace.

 

....The only good thing i could think of in carrying a weapon is to defend yourself...other than that or even with that, you are a threat......the mere fact that you are carrying it mean you would possibly use it to attack...... so you need to take note of the following:

 

It is basic that for self-defense to prosper, the following requisites must concur:

(1) there must be unlawful aggression by the victim;

(2) that the means employed to prevent or repel such aggression were reasonable; and

(3) that there was lack of sufficient provocation on the part of the person defending himself.

 

We shall now discuss the following requisites in detail:

 

A. Unlawful Aggression:

 

Unlawful aggression presupposes an actual or imminent danger on the life or limb of a person. Mere shouting, intimidating or threatening attitude of the victim, assuming that to be true, does not constitute unlawful aggression. Real aggression presupposes an act positively strong, showing the wrongful intent of the aggressor, which is not merely a threatening or intimidating attitude, but a material attack. Examples are the pointing of a gun or the brandishing of a knife or other deadly weapon.

B. Reasonable necessity of the means employed:

Whether the means employed is reasonable or not, will depend upon the kind of weapon of the aggressor, his physical condition, character, size, and other circumstances as well as those of the person attacked and the time and place of the attack. Although a knife is more dangerous than a club, its use is reasonable if there is no other available means of defense at the disposal of the accused.

 

C. Lack of sufficient provocation on the part of the person defending himself:

"Sufficient" means proportionate to the damage caused by the act, and adequate to stir one to its commission. Imputing to a person the utterance of vulgar language is sufficient provocation. This element refers to the person defending himself and is essentially inseparable and co-existent with the idea of self-defense.

 

Hope this helps.

 

Peace :)

Edited by Waterbearer
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Depending on the type of weapon you are carrying (offensive or defensive), you should or everyone else for that matter be aware of the following:

 

1. PD 1866 (Illegal Possession of Firearms)

 

2. PD 5121 (Concealment of a Deadly Weapon).

 

With that said, we move on.....

 

Threat is defined as follows:

 

1.An expression of an intention to inflict pain, injury, evil, or punishment.

2.An indication of impending danger or harm.

3.One that is regarded as a possible danger; a menace.

 

....The only good thing i could think of in carrying a weapon is to defend yourself...other than that or even with that, you are a threat......the mere fact that you are carrying it mean you would possibly use it to attack...... so you need to take note of the following:

 

It is basic that for self-defense to prosper, the following requisites must concur:

(1) there must be unlawful aggression by the victim;

(2) that the means employed to prevent or repel such aggression were reasonable; and

(3) that there was lack of sufficient provocation on the part of the person defending himself. We shal now discuss the following requisites in detail:

 

A. Unlawful Aggression:

 

Unlawful aggression presupposes an actual or imminent danger on the life or limb of a person. Mere shouting, intimidating or threatening attitude of the victim, assuming that to be true, does not constitute unlawful aggression. Real aggression presupposes an act positively strong, showing the wrongful intent of the aggressor, which is not merely a threatening or intimidating attitude, but a material attack. Examples are the pointing of a gun or the brandishing of a knife or other deadly weapon.

B. Reasonable necessity of the means employed:

Whether the means employed is reasonable or not, will depend upon the kind of weapon of the aggressor, his physical condition, character, size, and other circumstances as well as those of the person attacked and the time and place of the attack. Although a knife is more dangerous than a club, its use is reasonable if there is no other available means of defense at the disposal of the accused.

 

C. Lack of sufficient provocation on the part of the person defending himself:

"Sufficient" means proportionate to the damage caused by the act, and adequate to stir one to its commission. Imputing to a person the utterance of vulgar language is sufficient provocation. This element refers to the person defending himself and is essentially inseparable and co-existent with the idea of self-defense.

 

Hope this helps.

 

Peace :)

 

thanks dud, owe u a beer pag may mtc event ulit hehe :thumbsupsmiley:

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i have a problem with my surname and middle name it was mispelled. all my records in school and other docs carries the same name except my BC (birth cert). local registry told me na kailangan ko pa daw umatend ng hearing next year march. it they also asked me to pay Php1500. i needed this birth cert for my passport application. i am due to leave this year. can somebody help me on this? need reply asap.

 

You need to tell us your family name as it appears in your birth certificate and your other records para mas eksakto ang advice na makukuha mo. :)

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From what i understand, asking you to resign is like giving you the opportunity to save face from something that is inevitable.....it's not firing....they're doing you a favor.

 

 

Im sorry but I dont quite agree. If an employee is asked to resign and he refuses then the company will most likely initiate dismissal proceedings against the said employee. If the ground is as flimsy as "kung di mo ako makasundo resign ka", then it wont hold water. True, if the employee resigns then he might be able to save face especially if he will surely be dismissed anyway.But then again, a resigning employee will not have the benefit of any separation pay unless company policy provides otherwise (most likely retirement pay siguro). My point is, it doesnt necessarily follow that the company is doing you a favor. Depende na rin kung talagang mabigat ang ground for dismissal, otherwise, mas ok pa na ilaban mo na lang. But then again, case to case basis yan.

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i have a problem with my surname and middle name it was mispelled. all my records in school and other docs carries the same name except my BC (birth cert). local registry told me na kailangan ko pa daw umatend ng hearing next year march. it they also asked me to pay Php1500. i needed this birth cert for my passport application. i am due to leave this year. can somebody help me on this? need reply asap.

 

since this is just a matter of a mispelled surname and middle name, then this is most probably a clerical or typographical error which under Republic Act 9048 maybe corrected without need of a judicial order amending Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order. Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the consul general to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order. President Gloria Macapagal-Arroyo approved the Act on 22 March 2001. With the law taking effect on 22 April 2001, the Civil Registrar-General promulgated Administrative Order No. 1 Series of 2001, which was published in the newspaper in August that year.

 

The Act allows the correction of clerical or typographical errors in any entry in civil registry documents, except corrections involving the change in sex, age, nationality and status of a person. (A clerical or typographical error refers to an obvious mistake committed in clerical work, either in writing, copying, transcribing, or typing an entry in the civil register that is harmless and innocuous, such as a *MISSPELLED NAME* or misspelled place of birth and the like, and can be corrected or changed only by reference to other existing record or records.)

 

WHO MAY FILE THE PETITION?

 

Whether it is for correction of clerical or typographical error, or for change of first name, the petition may be filed by a person of legal age who must have a direct and personal interest in the correction of the error or in the change of first name in the civil register.

 

A person is considered of legal age when he is eighteen years old and above. Thus, a minor (less than eighteen years old) cannot by himself file a petition, either for correction of clerical or typographical error or for change of his first name.

 

Only the following persons are considered to have a direct and personal interest in the correction of clerical error or change of first name:

 

1. Owner of the record that contains the error to be corrected or first name to be changed

 

 

2. Owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected.

 

 

 

WHAT SHOULD BE THE FORM AND CONTENT OF THE PETITION?

 

The petition, whether it is for correction of clerical error or for a change of first name, should be accomplished properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001 require that the petition should be in the form of an affidavit, hence, it should be subscribed and sworn to before a person authorized to administer oath.

 

Basically, the petition must contain the following facts or information:

 

* Merits of the petition

* Competency of the petitioner

* Erroneous entry to be corrected and proposed correction; first name to be changed and the proposed new first name

 

 

 

WHAT SUPPORTING DOCUMENTS ARE REQUIRED FOR CORRECTING A CLERICAL OR TYPOGRAPHICAL ERROR IN A CIVIL REGISTRY DOCUMENT?

 

The petition shall not be processed unless the petitioner supports it with the required documents. The supporting documents should be authentic and genuine, otherwise, the petition shall be denied or disapproved pursuant to Rule 5.8 of Administrative Order No. 1, S. 2001. The following supporting documents are admissible as basic requirements:

 

1. Certified machine copy of the certificate containing the alleged erroneous entry or entries

 

2. Not less than 2 public or private documents upon which the correction shall be based. Examples of these documents are the following: baptismal certificate, voter's affidavit, employment record, GSIS/SSS record, medical record, school record, business record, driver's license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants, and others.

 

3. Notice and Certificate of Posting

 

4. Certified machine copy of the Official Receipt of the filing fee

 

5. Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)

 

 

 

HOW MUCH IS THE FEE IN FILING A PETITION?

 

The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following rates of filing fees:

 

* One thousand pesos (P1,000.00) for the correction of clerical error

 

In the case of a petition filed with the Consul General (CG), the fees are the same for all Philippine Consulates. The fees are the following:

 

* Fifty U.S. dollars ($50.00) for the correction of clerical or typographical error

 

A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR). This service fee shall accrue to the local treasury of the PRCR.

 

* Five hundred pesos (P500.00) for correction of clerical or typographical error

 

WHERE SHOULD THE PETITION BE FILED?

 

The general rule is that petition shall be filed with the Local Civil Registry Office (LCRO) where the record containing the clerical error to be corrected or first name to be changed is kept. Included in this general rule is the case of the Office of the Clerk of Shari'a Court where records of divorces, revocations of divorces, conversions to Islam are kept and where some Muslim marriages are registered.

 

However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or domicile is different from where his civil registry record or records are registered, he may file the petition in the nearest LCRO in his area. His petition will be treated as a migrant petition.

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1. To read the full text of the law, click here:

http://www.census.gov.ph/data/civilreg/ra9048.html

 

2. For the ADMINISTRATIVE ORDER NO. 1, SERIES OF 2001

Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9048, check out:

http://www.census.gov.ph/data/civilreg/irr_ra9048.html

 

3. For press release re: NSO-OCRG issuance of implementing rules and regulations on correction of entries on civil registry documents:

http://www.census.gov.ph/data/pressrelease...1/pr0127tx.html

 

http://www.census.gov.ph/data/civilreg/irr_info.html

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dud can u further explain?? example pls, tenks :D

 

This is where the employee leaves their job due to the employer's behaviour. For example, the employer has made the employee's life very difficult and the employee feels that they cannot remain in their job. When this happens the employee's resignation is treated as an actual dismissal by the employer, so the employee can claim Constructive Dismissal. The employer's actions must have amounted to a fundamental breach of contract.

 

Examples of Constructive Dismissal can include:

 

1. Not supporting managers in difficult work situations.

 

2. Harassing or humiliating staff, particularly in front of other less senior staff.

 

3. Victimising or targeting particular members of staff.

 

4. Changing the employee's job content or terms without consultation.

 

5. Making a significant change in the employee's job location at short notice.

 

6. Falsely accusing an employee of misconduct such as theft or of being incapable of carrying out their job.

 

7. Excessive demotion or disciplining of employees.

 

An employee can resign over one serious incident or due to the build up of a number of incidents. However, the employee must resign soon after the incident in order to be able to rely upon it. Generally the actions of the employer must be a serious breach of contract.

 

Constructive Dismissal & Unfair Dismissal

An employee being constructively dismissed only proves that they were dismissed, it does not automatically prove that the dismissal was unfair, without cause. The employee has to go on and prove that the dismissal was also unfair, without cause.

 

This can be a tricky area, an employee can resign and claim Constructive Dismissal due to the employer's behaviour, but the employer could turn around and say that he (the employer) breached the employment contract, but that it was done, for example, because of the reorganisation of the business. The chances are that the employer will be given the benefit of the doubt. The reason for this is that Employment Tribunals do not like to interfere with business management. If on the other hand the employee resigned because he or she thought that they had been treated too harshly over a disciplinary matter, it would be easier for the Tribunal to look for and find unfairness.

 

For a general explanation of what constructive dismissal is, read it from here - http://en.wikipedia.org/wiki/Constructive_dismissal

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More on constructive dismissal:

 

The legal basis of CD is anchored on Art. 285 of the Labor Code. Although an employee terminates the employment relationship with the employer, she does so not on her own volition. Constructive dismissal exists as an involuntary resignation on the part of the employee due to the harsh, hostile and unfavorable conditions set by the employer. In other words, it is an act amounting to dismissal but made to appear as if it were not. In fact, the employee who is constructively dismissed may be allowed to keep on coming to work. Constructive dismissal is therefore a dismissal in disguise.

 

Verily, constructive dismissal is brought about where there is clear discrimination, insensibility or disdain by an employer and this becomes unbearable to the employee. The law recognizes and resolves this situation in favor of employees in order to protect their rights and interests from the coercive acts of the employer. Whereas valid termination by the employee under Art. 285 of the Labor Code contemplates such act to be voluntary, an employee who is forced to relinquish the position held through the employer’s unfair or unreasonable acts is deemed to have been illegally terminated or discharged, as such the termination is implied to be involuntary.

 

The test of constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his position under the circumstances.

 

[source: G.R. No. 150092. October 20, 2003, GLOBE TELECOM vs. FLORES available at http://www.supremecourt.gov.ph/resolutions...2Oct/150092.htm]

 

See also the case of THE PHILIPPINE AMERICAN LIFE AND GENERAL INSURANCE CO. vs. ANGELITA S. GRAMAJE, [G.R. No. 156963. November 11, 2004] at http://www.supremecourt.gov.ph/jurispruden...2004/156963.htm

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3 po kaming magkakaibigan, and we decided that each one invest 200T

to buy a piece of LAND,

 

Puede po bang ilagay sa name naming 3 iyung TITLE nito kung hindi po puede , what other LEGAL ways we CAN do para naman lahat kami ay magkaroon ng right doon sa LUPANG bibilhin namin.

 

Appreciate your replies

 

thanks

S.P.

 

yes you can have the land titled in your names and you will be treated as co-owners, hence, the provisions on co-ownership in the Civil Code may govern.

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:cool: pano po kung yung marriage contract nyo ay hindi nakapirma yung wife mo pero nung kinasal kayo pumirma sya pero nung lumabas na yung marriage contract namin walang pirma applicable ba yun walang maaring problema dun guy ineed yuor opinion

 

 

Unfortunately, your marriage is still VALID.

 

EXECUTIVE ORDER NO. 209 or the THE FAMILY CODE OF THE PHILIPPINES provides as follows:

 

Chapter 1. Requisites of Marriage

 

Article 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (52a)

 

Art. 2. No marriage shall be valid, unless these essential requisites are present:

 

(1) Legal capacity of the contracting parties who must be a male and a female; and

 

(2) Consent freely given in the presence of the solemnizing officer. (53a)

 

Art. 3. The formal requisites of marriage are:

 

(1) Authority of the solemnizing officer;

 

(2) A valid marriage license except in the cases provided for in Chapter 2 of this Title; and

 

(3) A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age. (53a, 55a)

 

Art. 4. The absence of any of the essential or formal requisites shall render the marriage void ab initio, except as stated in Article 35 (2).

 

A defect in any of the essential requisites shall not affect the validity of the marriage but the party or parties responsible for the irregularity shall be civilly, criminally and administratively liable. (n)

 

Art. 5. Any male or female of the age of eighteen years or upwards not under any of the impediments mentioned in Articles 37 and 38, may contract marriage. (54a)

 

Art. 6. No prescribed form or religious rite for the solemnization of the marriage is required. It shall be necessary, however, for the contracting parties to appear personally before the solemnizing officer and declare in the presence of not less than two witnesses of legal age that they take each other as husband and wife. This declaration shall be contained in the marriage certificate which shall be signed by the contracting parties and their witnesses and attested by the solemnizing officer.

 

In case of a marriage in articulo mortis, when the party at the point of death is unable to sign the marriage certificate, it shall be sufficient for one of the witnesses to the marriage to write the name of said party, which fact shall be attested by the solemnizing officer. (55a)

 

From the above, it appears that the marriage you have contracted, unfortunately, is still VALID.

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ako po ulet, help namn po sa direction sa IBP, and whom should i look for. salamat ulet!

 

Address:

 

IBP Building, No.15 Julia Vargas Avenue

Ortigas Center, Pasig City, Philippines

 

Secretariat

Tel. Nos.

631-3018, 631-3014, 634-4697

Fax Nos.

631-3014 & 634-4697

 

Commission on Bar Discipline

Tel. No.

631-26-44

Fax No.

910-0407

 

National Committee on Legal Aid

Tel. Nos.

631-3016, 910-0408

Fax No.

631-3013

 

Accounting

Tel. Nos.

631-3017, 634-4696

 

 

Publications

TeleFax No.

634-4696

 

 

FOR DIRECTIONS: see attached map

post-31670-1157383978.gif

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Im sorry but I dont quite agree. If an employee is asked to resign and he refuses then the company will most likely initiate dismissal proceedings against the said employee. If the ground is as flimsy as "kung di mo ako makasundo resign ka", then it wont hold water. True, if the employee resigns then he might be able to save face especially if he will surely be dismissed anyway.But then again, a resigning employee will not have the benefit of any separation pay unless company policy provides otherwise (most likely retirement pay siguro). My point is, it doesnt necessarily follow that the company is doing you a favor. Depende na rin kung talagang mabigat ang ground for dismissal, otherwise, mas ok pa na ilaban mo na lang. But then again, case to case basis yan.

Very true.

 

But Like i said.... from what i understood. I identified the problem mostly with probationary employees who are not to be made permanent. I also identified the problem with permanent employees who may have done justifiable cause against the company tantamount to dismissal......But Jake is right.....eitherway constructive dismissal proves that there was dismissal.....in disguise. Moreover, I agree with what he said and i quote

 

"This can be a tricky area, an employee can resign and claim Constructive Dismissal due to the employer's behaviour, but the employer could turn around and say that he (the employer) breached the employment contract, but that it was done, for example, because of the reorganisation of the business. The chances are that the employer will be given the benefit of the doubt. The reason for this is that Employment Tribunals do not like to interfere with business management. If on the other hand the employee resigned because he or she thought that they had been treated too harshly over a disciplinary matter, it would be easier for the Tribunal to look for and find unfairness"

 

Thank you for correcting me.

 

Peace. :)

Edited by Waterbearer
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