legal Free Legal Advice

[webmaster_ph]

maybe bonito99 can help. he answered a similar question.

[Google]

repost ko lang baka dito may makasagot. from the HRD section:

 

I once worked in a call center. Malaking issue at that time ang night differential ng mga employees. Luckily may night diff naman at that time when I was still at the company. Pati ang HR office agree sa amin na dapat lang na may night diff, and pinagtanggol pa kami sa management. Ang main reason namin was "nasa Labor Code". So we (employees) enjoyed our night diff.

 

According to the government website, night differential pay is described as:

 

B. Minimum Night Shift Pay

 

* Every employee is entitled to a night shift differential or night shift pay of not less than ten percent (10%) of his regular wage for each hour of work performed between 10:00 o'clock in the evening and 6:00 o'clock in the morning.

* If overtime work or work in excess of eight (8) hours falls within the aforesaid period, premiums for overtime work should first be integrated into the regular hourly rate of the employee before computing night shift pay.

however..

 

Now that I am running a BPO company problema na ang night diff na yan. Gusto ko tangalin ang night differential na yan since ang regular work hours ng mga personnel ko is during our client's working hours, particularly at night. tindi kasi ng percentage para salary eh.. +10%.

 

I know the side of the employee and know the main reason that it is in the Labor code. However, the labor code was not designed with BPO graveyard shifts in mind. malulugi ang BPO companies dahil sa night diff na yan. Aside from the night diff ay ang holiday pay, since ang work ng BPO industry follows the client's calendar. Mahirap ang magpa force leave; also another issue in my previous company.

 

question ko ay what other compensation can I give my employees instead of the night diff, or how do I circumvent this night diff altogether?

 

i am not a lawyer, but its either:

 

a) you have to paid the night diff.

or give your employees a higher salary, integrating the night differential factor and explain it to them during hiring.

[hmmidontknow]

hi to all lawyer i just nid a second opinion about this topic thanks..

 

http://manilatonight.com/index.php?s=&...t&p=4843440

[bonito99]

hmmm...any ballpark figures?

 

 

Depends on the lawyer, the client and the complexities of the case, buddy.

 

[Spank_me_then]

Tanong lang po. May GF akong foreigner. gusto naming magpakasal sa pinas. paano siya magiging Filipino citizen?

 

Salamat!

[Google]

Tanong lang po. May GF akong foreigner. gusto naming magpakasal sa pinas. paano siya magiging Filipino citizen?

 

Salamat!

 

alam ko dapat pakasal muna kayo. tapos she has to go to the Bureau of Immigration, file an application for Filipino Citizenship, in which, naka attach dun yung mga copies ng birth certificates nya, marriage contract nyo, etc.

[saracrew]

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

 

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

 

Gross and habitual neglect by the employee of his duties;

 

Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

 

Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

 

Other causes analogous to the foregoing.

 

 

I got this from the DOLE website in search for an answer to my problem.

I filed my resignation from the company I'm working in and asked that the 30days notice be waived in my favor because I've been sick. The docotor even wrote a medical certificate stating that I'm not fit to work. That I gave them as proof that I can't come to work to serve the 30days. Still, they are asking me to report to work stating that they'd terminate me if I don't come to work immediately.

Would my medical certificate not be enough as proof that I can't come to work? Do they have grounds for terminating me? Considering I resigned all ready? Besides, I am not forcing them to make my resignation effective immediately if they wouldn't want to. But why are they asking me to still come to work? Help, it's really stressful all ready.

[north13]

my friend also has the same case with saracrew....

 

please reply dear lawyers...thank you much.

[agentjackbauer]

ART. 285. Termination by employee. - (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

 

( An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

 

1. Serious insult by the employer or his representative on the honor and person of the employee;

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

 

3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

 

4. Other causes analogous to any of the foregoing.

[hmmidontknow]

ART. 285. Termination by employee. - (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

 

( An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

 

1. Serious insult by the employer or his representative on the honor and person of the employee;

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

 

3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

 

4. Other causes analogous to any of the foregoing.

 

hello po just to clarrify.. im not into be with them anymore ok lng sakin na terminated

ang kaso po nde po nila ako poinayagang mag resign after ko po ako mag work ng 1 year sa kanila...

ang problema po pinagbabayad po ako ng cost of taingning + damages... if not daw po kakasuhan ako...

 

kasama po ba yun sa termination by employee....??? ty po sa reply

[hmmidontknow]

hi to all lawyer i just nid a second opinion about this topic thanks..

 

http://manilatonight.com/index.php?s=&...t&p=4843440

[webmaster_ph]

a follow-up to fryxxter's concern: if they do file a case, what is the proper course of action?

[Google]

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

 

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

 

Gross and habitual neglect by the employee of his duties;

 

Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

 

Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

 

Other causes analogous to the foregoing.

I got this from the DOLE website in search for an answer to my problem.

I filed my resignation from the company I'm working in and asked that the 30days notice be waived in my favor because I've been sick. The docotor even wrote a medical certificate stating that I'm not fit to work. That I gave them as proof that I can't come to work to serve the 30days. Still, they are asking me to report to work stating that they'd terminate me if I don't come to work immediately.

Would my medical certificate not be enough as proof that I can't come to work? Do they have grounds for terminating me? Considering I resigned all ready? Besides, I am not forcing them to make my resignation effective immediately if they wouldn't want to. But why are they asking me to still come to work? Help, it's really stressful all ready.

 

imho, they cannot make you render the 30 days notice specially in your case na supported ng medical certificate yung sakit mo.

[webmaster_ph]

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

 

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

 

Gross and habitual neglect by the employee of his duties;

 

Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

 

Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

 

Other causes analogous to the foregoing.

 

 

I got this from the DOLE website in search for an answer to my problem.

I filed my resignation from the company I'm working in and asked that the 30days notice be waived in my favor because I've been sick. The docotor even wrote a medical certificate stating that I'm not fit to work. That I gave them as proof that I can't come to work to serve the 30days. Still, they are asking me to report to work stating that they'd terminate me if I don't come to work immediately.

Would my medical certificate not be enough as proof that I can't come to work? Do they have grounds for terminating me? Considering I resigned all ready? Besides, I am not forcing them to make my resignation effective immediately if they wouldn't want to. But why are they asking me to still come to work? Help, it's really stressful all ready.

 

hmmm...they can't force you to work when you're unfit to do so.

 

have they acknowledged the medical certificate & the resignation letter?

[hmmidontknow]

hi to all lawyer i just nid a second opinion about this topic thanks..

 

http://manilatonight.com/index.php?s=&...t&p=4843440

[jojoendejr]

hi to all lawyer i just nid a second opinion about this topic thanks..

 

http://manilatonight.com/index.php?s=&...t&p=4843440

 

 

 

 

Opinion about what? Sori kabubukas ko lang ng site.

[jojoendejr]

hi to all lawyer i just nid a second opinion about this topic thanks..

 

http://manilatonight.com/index.php?s=&...t&p=4843440

 

 

Ah ok. Ini-scan ko ang earlier posts mo and I saw ur problem with your company.

 

First off, you have the right to dis-associate from any company, group or association which you don't like to continue being with. This is what we call freedom of association. If they don't want to receive your resignation, send it thru registered mail. They will have no cjhoice but to receive it. Just remember na if you resign, you will no longer be entitled to any benefits pertaining toemployment like separation pay, etc. If they contact you and tell you that your resignation is not allowed under your employment contract, tell them to go to h-ll. That provision is null and void for being "contra bonus mores" (against public policy, standards and morals).

 

Don't be afraid sa sinasabi nilang sasampahan ka ng kaso for breach of contract. That's plain and simple idiotic. No lawyer in his right mind will file a Court case against an employee who resigned and doesn't want to be with a company he despise.

 

Relax kid. You're perfectly and legally safe.

 

Lawyer here.

[webmaster_ph]

congrats fryxxter!

 

now you can rest easy...

[Wolf]

Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:

 

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

 

Gross and habitual neglect by the employee of his duties;

 

Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

 

Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

 

Other causes analogous to the foregoing.

I got this from the DOLE website in search for an answer to my problem.

I filed my resignation from the company I'm working in and asked that the 30days notice be waived in my favor because I've been sick. The docotor even wrote a medical certificate stating that I'm not fit to work. That I gave them as proof that I can't come to work to serve the 30days. Still, they are asking me to report to work stating that they'd terminate me if I don't come to work immediately.

Would my medical certificate not be enough as proof that I can't come to work? Do they have grounds for terminating me? Considering I resigned all ready? Besides, I am not forcing them to make my resignation effective immediately if they wouldn't want to. But why are they asking me to still come to work? Help, it's really stressful all ready.

 

The purpose of the 30-day notice is to help the employer prepare and look for another employee.

If you are ill, they can't force you to work.

If they do fire you, I think that'd fall under "inhuman treatment" and therefore would be an illegal dismissal.

[hmmidontknow]

Ah ok. Ini-scan ko ang earlier posts mo and I saw ur problem with your company.First off, you have the right to dis-associate from any company, group or association which you don't like to continue being with. This is what we call freedom of association. If they don't want to receive your resignation, send it thru registered mail. They will have no cjhoice but to receive it. Just remember na if you resign, you will no longer be entitled to any benefits pertaining toemployment like separation pay, etc. If they contact you and tell you that your resignation is not allowed under your employment contract, tell them to go to h-ll. That provision is null and void for being "contra bonus mores" (against public policy, standards and morals).Don't be afraid sa sinasabi nilang sasampahan ka ng kaso for breach of contract. That's plain and simple idiotic. No lawyer in his right mind will file a Court case against an employee who resigned and doesn't want to be with a company he despise.Relax kid. You're perfectly and legally safe.Lawyer here.

hi sir thanks for the reply it really help's me a lot..but im already awol.. and cant send my resignation letter thru snail mail...The question is can they charge me of being awol? = tehy want me to pay the training cost + damagesPS: im not interested of claiming their benefits... even though i still have my cash bond which they said that they will give it to me after 1 year but they didnt its ok if they dont give me any certificates... i just want them to leave me alone... again... thanks a alot

congrats fryxxter!now you can rest easy...

i really appreciate your support sir...many thanks... Edited October 5, 2007 by fryxxter

[jojoendejr]

how much do lawyers charge nowadays?

 

is it a rate like "per hour"?

 

Very ticklish and issue na iyan pards. But in my experience, prof fees of lawyers are like this:

 

a) Package deal = lawyer will review the facts and will agree to handle the case in its entirety for a specific sum. If the client agrees to this and pays, everything will be handled by the lawyer. No more fees for the filing of the case, mailing expenses, fees for reproduction of documents, consultation, etc.

 

Ordinary style = lawyer will review the facts and will charge acceptance fee formalizing the lawyer-client relationship. Per hearing, the client will pay appearance fee. Once the case is submitted for decision, the bulk of his attorney's fee will be paid which normally is about 20-25% of the amount involved. Client will pay for everything like filing fee, mailing fees, reproduction of documents, etc. If the case goes on appeal, another agreement will be entered between the client and lawyer.

 

c) contingent fee = Lawyer will agree to be paid only when the case is decided in their favor. Normally, lawyers do not want this kind of agreement. Very risky. Paano pag minalas na matalo?

 

 

Fees are always negotiable and this depends on several factors like kung how complicated ang case, kung mahirap ilaban, etc. Only the lawyer can determine this.

 

Ako, I always opt sa second/ordinary type of agreement.

[jojoendejr]

hi sir thanks for the reply it really help's me a lot..but im already awol.. and cant send my resignation letter thru snail mail...The question is can they charge me of being awol? = tehy want me to pay the training cost + damagesPS: im not interested of claiming their benefits... even though i still have my cash bond which they said that they will give it to me after 1 year but they didnt its ok if they dont give me any certificates... i just want them to leave me alone... again... thanks a aloti really appreciate your support sir...many thanks...

 

No they cannot charge you for being AWOL. No such thing.

:goatee:

[hmmidontknow]

No they cannot charge you for being AWOL. No such thing.

:goatee:

 

cant find ways to give my endless gratitude sir...

GOD BLESS and more power...

[jojoendejr]

cant find ways to give my endless gratitude sir...

GOD BLESS and more power...

 

 

No problem kid.

[jps0218]

Hi to the lawyers here this is kind of complicated labor matter ...

 

I used to work for "Company A" which owner Mr. C sold ... after a year or so owner Mr. C asked me to move to his other "Company B" which was also part of a group of companies where "Company A" was part of. We didnt sign any agreement about transferring my tenure but it was implied in our arrangement through chats, I was always treated as a long time employee enjoying the benefits and bonuses of someone who has been with them for a long time ... two years forward "Company B" had to close down, the termination letters were actually vague though the employees have a good idea why. Initially the accountant was implying i would get so much separation pay but afterwards she says she was told by the company lawyers not to pay for separation, she was also instructed to payoff some obligations by the lawyers for another company that was part of the group and incorporated by these lawyers. In short we did not get separation pay and shes also saying now that even if we did i am only entitled to two years worth of service, also management has made no further moves to liquidate company assets to pay off the employees separation benefits.

 

Questions:

1) Do I have legal ground to ask for the full seven years I was actually employed by the group of companies?

2) What is the accountability of incorporators, in particular the lawyers who wanted the obligations of the business units they incorporated to be paid off?

3) What can the employees do? Its clear that there has been commingling of funds between the different companies under the group and management has not been transparent with the unwinding?

4) Would you as a lawyer seek to handle a case such as this?

 

Many thanks.

Edited October 9, 2007 by jps0218