muffdiver Posted January 27, 2003 Share Posted January 27, 2003 Hey, thanks freelicker! Very enlightening!! Your 10 cents worth of advice may be 10-fold the value once such situation arises!!! At least alam natin what to do, in case... Cheers Quote Link to comment
jelly bean Posted January 28, 2003 Share Posted January 28, 2003 question lang..... Scenario: group of people were retrenched in a company, but the company just regularized a new batch. so the old employees were the ones who were kicked out. is this legal? isnt there a rule of LIFO (last in first out?) need your advice...thanks! Quote Link to comment
MAR_200264 Posted January 28, 2003 Share Posted January 28, 2003 you need to organize a union at your work place.... Quote Link to comment
jelly bean Posted January 28, 2003 Share Posted January 28, 2003 you need to organize a union at your work place.... so you mean w/o the union they cannot make any legal actions for such? Quote Link to comment
Roubaix Posted January 28, 2003 Share Posted January 28, 2003 You only organize a union if there are 20 or more regular employees. baby_sam, you don't need a union to redress your grievances against an employer. With retrenchment, there has be to one month notice to DOLE and employee prior to dismissal. Employer must cite business reversals or cost cutting measures. If they hired a new batch, it can be justified because newer employees cost less than old employees (think lower salaries and benefits). Hope that helps. Quote Link to comment
freelicker Posted January 28, 2003 Share Posted January 28, 2003 so you mean w/o the union they cannot make any legal actions for such? Baby_sam, A Union is one of the ways where you would manage to gain enough support to fight your employer for things like illegal dismissal or unfair labor practice. Usually, a single employee suing the company runs out of financial support long before any case is decided. However, a group of individuals putting together their funds for a common suit would last longer and stand a better chance of winning the case. In any case, with regard your case, retrenchment is an action performed by a company in order to prevent further losses from taking place in the operations or when the services of the employees being retrenched are no longer needed by the company. Given the information you have supplied, it is kinda tricky to determine the legality of the retrenchment. It is possible that despite the regularization of the new batch, downsizing was necessary to reduce losses and they may have a valid grounds as to why only the old guys were terminated (because they have higher salaries??) first before the new ones. Unless you can prove that the action of the employer was done as a clear act of discrimination or to prevent the formation of a Union, you might have a difficult time trying to bring an action in court. Of course, this does not prevent you from filing an illegal dismissal case before the National Labor Relations Commission against the employer. Please note that in such a forum, the labor sector normally wins 85% of the time due to the principle of "in case of doubt, resolve in favor of labor". But if you really do not have a case, then you may just be wasting your separation pay needlessly. Quote Link to comment
mightym0uz3 Posted January 28, 2003 Share Posted January 28, 2003 magkano ba ang cost for annulment? can anyone give me a breakdown of the probable cost. butsoy can you give me your comment on this matter. tnx Quote Link to comment
Huxley Posted January 28, 2003 Share Posted January 28, 2003 There's a lawyer in the house. Let me know how I can help while I'm still online. Quote Link to comment
fruitloops2k3 Posted January 28, 2003 Share Posted January 28, 2003 HI!!!! kompyuter thread po, if ever anybody needs advice, questions, troubleshooting or anything computer related * :wizard: Quote Link to comment
Guest EvilAsh Posted January 28, 2003 Share Posted January 28, 2003 HAHA...nagclose lang yung PinoyPC gawa ka ng sariling mong ppc dito...ihihihihi...post your problems and I'll also try to help. Quote Link to comment
toomtam Posted January 29, 2003 Share Posted January 29, 2003 anong Video Card ngayon ang magandang(pang-games) bilihin??? Quote Link to comment
jelly bean Posted January 29, 2003 Share Posted January 29, 2003 thanks for the advice..... actually there was really no basis for retrenchment (something that is against the employee) they actually regularized a new batch (whic is also earning the same salary than those retrenched) how can they then file sa NLRC? help naman plssss...... Quote Link to comment
Huxley Posted January 29, 2003 Share Posted January 29, 2003 Baby Sam- The new batch may be performing functions different from those of the "retrenched" employees. If such is the case, the hiring and regularization of the new batch may not be reasonably considered as an indication of wrongdoing on the part of the employer. An employer may make changes in its operations in such a manner that a new department is put in place to promote efficiency and remove a department that does not contribute to productivity anymore. The similarities in pay scale also do not necessarily mean that the retrenchment was invalid because it is usual for employees performing different duties within the same company may receive the same salary. In any case, if the "retrenched" employees really feel aggrieved, there's no harm in filing an illegal dismissal case against the company. The NLRC is at Banawe near the corner of Quezon Blvd. They can go to the public assistance desk and fill out the complaint form. They will not yet need a lawyer at that stage. If ever they will need a lawyer, I suggets that they hire those young volunteer lawyers of the Free Legal Assistance Group. They should avoid the shysters who end up sharing more than half of the monetary award. Quote Link to comment
Guest EvilAsh Posted January 29, 2003 Share Posted January 29, 2003 anong Video Card ngayon ang magandang(pang-games) bilihin??? Kung mayaman ka syempre Radeon 9700 Pro. I think it's around 20k. Personally I'm using a Geforce4 MX 420. Mura lang ito mga 4k. Perforamance is pretty good. Quote Link to comment
Fî$hKęŊ Posted January 29, 2003 Share Posted January 29, 2003 yup Geforce...pero syempre ibabagay mo din sa specs nang PC mo.... Quote Link to comment
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