legal Free Legal Advice

[noah]

Hello All the Attorneys,

I am planning to start a business and I would like to know if any of you specializes in business legal issues. If you are or if you know someone, would you please PM. Thank you much and I greatly appreciate it....noah

[tentacle]

Remember!

 

It's not in the school, it's in the student.

 

We all read the same law books, anyway.

 

<{POST_SNAPBACK}>

 

true. unfortunately, employers think otherwise.

[redax]

Remember!

 

It's not in the school, it's in the student.

 

We all read the same law books, anyway.

 

<{POST_SNAPBACK}>

This could be true, but a graduate from a school which has a consistent 90% passing rate in the bar exams would have a better chance of passing the bar exams and becoming a member of the IBP.

[agentjackbauer]

Remember!

 

It's not in the school, it's in the student.

 

We all read the same law books, anyway.

 

<{POST_SNAPBACK}>

 

 

 

To a certain extent, you are right. But all things being equal, it certainly wont hurt if one goes to a good law school. A good student plus a good law school is a better combination than a good student and a bad school right?:-)

 

 

"THE BUSINESS OF A LAW SCHOOL IS NOT SUFFICIENTLY DESCRIBED WHEN YOU MERELY SAY THAT IT IS TO TEACH LAW, OR TO MAKE LAWYERS. IT IS TO TEACH LAW IN A GRAND MANNER, AND TO MAKE GREAT LAWYERS."

- O.W. HOLMES

[fauxhead]

Linus,

 

An employer must hire a probationary employee if he has passed the standards set for him to acquire regular status. A probationary employee can only be denied regular employment after the probationary period if he did not pass the standards set for him or if he is dismissed for cause (both just and authorized, those under Articles 282,283 or 284). That is why the employer is required to inform the probationary employee of the requirements he must meet at the start of the employment. If the performance appraisal was the only standard by which the probationary employee is to be judged and he passes it, then he/she must be given a regular status after the probationary period. The employer would be guilty of violating the employment contract if he fails or refuses to do so.

 

The employer cannot deny the issuance of a property clearance or COE without a valid justification. It smacks of arbitrariness and a whimsical regard for the rights of the employee. While it may have a right to ask for damages because of the failure of the employee to observe the 4-week notice rule, such damage must first be proved before it can ripen into a justified reason to withhold property clearance or COE.

 

On the third question, it must be first determined whether the prior contractual employment refers to activities which are usually necessary or desirable in the usual business or trade of the employer or whether it is a project employment, i.e. where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee (to include seasonal employment). If it is the former, the subsequent contract might be declared as void for trying to circumvent the rule on security of tenure . If it is the latter, however, the subsequent contract will be valid. The effect of such on the question on diminution of benefits would thus be clearer. On the first case, the employment would thus be seen as continuous and the removal of the 10% premium would be considered a diminution of benefits which should be disallowed. On the second, it would be valid.

 

 

 

Pañeros and pañeras:

 

I have a bit of a problem, my knowledge on labor law is rusty at best. I seek the learned opinions of esteemed colleagues in MTC. 

 

Firstly, if a probationary employee has passed the perfromance appraisal, albeit barely (76 on passing rate of 75 out of 100), is the employer without recourse to terminate him?

 

Secondly, may an employer validly refuse the issuance of a property clearance and/or COEs of an employee who resigned abruptly (meaning non compliance with 30 day notice rule)?

 

Finally, a contractual employee has finished his contract and is being eyed for a more permanent employment by the owner. Since the contract of employment included a premium (since no other benefits accrue, a 10% premium was added on top of the normal salary rate for the position), would there be a diminution of benefits if the employee goes through the normal probationary status (6 months) and the 10% premium was removed?

 

I have an idea of the attack, just seeking other learned opinions.

 

Thanks!

 

linus larrabee

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

- Robert Frost, “The Road Not Taken”(1920)

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[oliverjohnholmes]

 

Thanks faux...

 

Brent v Zamora is still controlling...but i haven't found a decision on contractual employment being a question on diminution of benefits if and when the former contractual employee is being offered to undergo the process of regularization (meaning probationary for at most 180 days, performance appraisal, and then regularization)...i am thinking along the lines of accrued benefits (earning of VLs and SLs) as replacement for the 10% premium benefit for contractuals with a net effect of non-diminution of benefits...

 

Thank you pañero...

 

Linus

 

 

 

 

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

Robert Frost, “The Road Not Taken”(1920)

 

 

[bonito99]

To a certain extent, you are right. But all things being equal, it certainly wont hurt if one goes to a good law school. A good student plus a good law school is a better combination than a good student and a bad school right?:-)

"THE BUSINESS OF A LAW SCHOOL IS NOT SUFFICIENTLY DESCRIBED WHEN YOU MERELY SAY THAT IT IS TO TEACH LAW, OR TO MAKE LAWYERS. IT IS TO TEACH LAW IN A GRAND MANNER, AND TO MAKE GREAT LAWYERS."

- O.W. HOLMES

<{POST_SNAPBACK}>

 

That's UP's marquee line.

 

Anyways, just because one is not from the Top 5 law Schools, it does not mean one can not be a successful law practitioner.

 

It all boils down to the individual.

[bonito99]

Like what all barristers say, " pantay-pantay lahat yan pag dating ng Bar"

[oliverjohnholmes]

 

from what i heard, there are only two law schools in the Philippines...

 

U.P. and others...

 

just passing information along...

 

 

 

Two roads diverged in a wood, and I--

I took the one less traveled by,

And that has made all the difference.

- Robert Frost, “The Road Not Taken”(1920)

 

[bonito99]

let's add 3, based on last year's performance.

 

-UST

-Lyceum

-Arellano

[bonito99]

Well, you got to hand it to the UP lawyers.

[cdma]

Good  Evening Lawyers,,, :goatee:

 

I am planning to take the Ateneo Law School Admission Test,,,

 

I would very much appreciate it if you guys can provide me tips regarding the test.

 

It would be better if I could get a higher score, to boost my chances of availing for a scholarship,,,

 

My thanks to all,,, :goatee:

<{POST_SNAPBACK}>

 

 

You may find the following useful:

 

1. Refresh your English grammar rules and vocabulary.

 

2. Practice with a few IQ tests.

 

3. Sharpen your common sense.

 

Passing the Ateneo Law School Entrance Exams is not a problem. The challenge is getting a grade that is in the upper 20%. Of about a few thousands that apply, Ateneo accepts about 300 max. The same is true in UP and San Beda.

 

good luck

[bonito99]

Alrrrrrrrright..... (Justice Relova)

 

Let's get back to giving Free Legal Advice.

[MrSouth]

Hello mga attorneys na gwapo ng MTC. :mtc: I just need you guys to shed me some light on this issue.

 

My brother, an undergraduate is currently working at a Bank as a clerk (ung nagaayus ng mga envelopes) due to some financial situation (f**k You Platinum plans! :thumbsdownsmiley: ) anyway.. so ayun nag work nga xa.. eventually there's an employee na palakas sa manager nila sa night shift at sinumbong xa na natutulog daw though my brother is denying it. anyway to cut the story short he was transferred to the morning shift because of what happened. Unfortunately the Manager assigned in the evning and the one in the morning is not in good terms. There are some hearsays that the manager on the morning shift would not accept employees that were handled by the manager on the evening shift. So in short naiipit yung kapatid ko. he was able to go to work for several days in the morning shift but a while ago he was instructed by the am mgr to go back to the evening shift and she clearly stated that she doesn't accept undergraduates to pile the envelopes. TO PILE THE ENVELOPES! to be sent to the customers. my brother now is in pending status, he cannot go to work because the morning shift doesnt want to accept him and the mgr on the evening shift would do the same because she believed on what the straw employee told her.

 

Now here are my questions:

 

1. Are they violating the Labor Code? the reason why I asked this is, first of, my brother signed a contract. Can the am manager tell him that she's not accepting undergrads on her shift though my brother signed a contract to work with them?

 

2. In the event that we have proven that she have undergrads on her shift (pertaining to the am manager), what charges can we file if there is?

 

3. In the event that my brother was called to get back to work, is there a possibility to extend his working days on the contract since they forced him to leave?

 

4. Last, if we have proven that he's not sleeping on the evening shift, is that Libel against the other employee?

 

I will greatly appreciate all your suggestions mga kapatid. Maraming salamat po. :thumbsupsmiley:  :mtc:

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mga ser wala pa ba tayong suggestions? help pls... :mtc:

[bonito99]

Ok.... let's get back to the topic, shall we?