legal Free Legal Advice

[SonBorj]

PROBLEM AREA : LABOR CODE

EMPLOYEE STATUS : Probationary

 

Question : Is it a requirement by our LABOR CODE to pay the 13th month of an employee even if he/she is not a Regular Employee yet? Or is it an option of the employer to pay or not?

 

TIA

 

[webmaster_ph]

afaik, an employee has to be on regular status to avail of the 13th month pay.

[SonBorj]

afaik, an employee has to be on regular status to avail of the 13th month pay.

 

Sir , it seems youre a webmaster only

 

On August 13, 1986, President Corazon C. Aquino issued Memorandum Order No. 28 which provides as follows:

"Section 1 of Presidential Decree No. 851 is hereby modified to the extent that all employers are hereby required to pay all their rank-and-file employees a 13th month pay not later than December 24 of every year."chan robles virtual law library

Before its modification by the aforecited Memorandum Order, P.D. No. 851 excludes from entitlement to the 13th month pay those employees who were receiving a basic salary of more than P1,000.00 a month. With the removal of the salary ceiling of P1,000.00, all rank and file employees are now entitled to a 13th month pay regardless of the amount of basic salary that they receive in a month if their employers are not otherwise exempted from the application of P.D. No. 851. Such employees are entitled to the benefit regardless of their designation or employment status , and irrespective of the method by which their wages are paid, provided that they have worked for at least one (1) month during a calendar year.

 

 

ANY LABOR CODE EXPERT? I just want to confirm what I understand to be right which is any employee (contractual or probationary or regular ) will receive 13th month.

[webmaster_ph]

well, you got your answer right there.

 

just my two cents...

[webmaster_ph]

in sec registration of business partnerships:

 

is it possible to have more than one partner?

[SonBorj]

webmaster Thanks tho for answering lalo na sa queries on Linux (sa kabilang thread)

[webmaster_ph]

no problem. glad to be of help.

[Kupad]

Guys,

Help me naman, for transfer of Title, ano ba nag tamang procedure? ito po ang scenario.

 

Nabili ko po ang lupa sa Cavite na nakapangalan kay ex: Pedro Santos married to Mila Santos, meron na kaming deed of sale at special power of Attorney na lilipat na sa akin ang title lahat ng documents na sa akin na (original Title at mga dockumentong galing sa National Home mortgage. Nabayaran ko na rin ang lahat tax na kailangan, ibig sabihin cleared na ako sa BIR. Ang problema patay na pala itong si Mila ang asawa ng seller. Naibigay ko na din ang NSO death certificate, at special power of attorney na wala ng maghahabol pati ang anak pina pirma sa SPA. Napa publish na rin namin sa dyaryo na tiong lupa na ito ay ibinenta sa akin, bale 1 month na naka publish. Nang ipapasa na namin sa Registry of Deeds, hinihingan pa kami ng certification na katunayan na wala ng ibang property itong si Mila sa probinsiya at may babayaran pa daw kami sa land reform. Ang tanong ko po ano po ba talaga ang procedure dito? Ano pong koneksiyon ng ibang property ni Mila sa binibili kong lupa sa Cavite? Gaano po ba katagal ang transfer of Title sa RD. Maraming salamat po sana po maliwanagan po ninyo ako sa problemang ito.

[jigger_horny]

a follow up question concerning land and real estate ...

 

I have a friend who wanted to buy a piece of land na awarded ... it has a TCT however may encumbrances na di pdeng i mortgaged, transfer nor sell within the period of 20 years ... naka 19 years na kc ang lumipas and I think 1 year n lang eh lapse na yung encumbrances ...

 

question is, can I buy the land? safe bang bilhin yun? definitely ba yung encumbrances eh pde mawala after 20 years or may idadagdag pa dun? ano ano yung downside nun?

 

ang upside kc ... pde ko syang baratin ng konti

TIA

[nissan_r32]

well, how much is it there?

 

in manila, a 42" lcd tv costs about 100k.

 

32 inch lang po but sony s series. before tax is less than 39k PhP

[d art of sex]

To all MTC LAWYERS AND WEBSITE DEVELOPER

 

I was entered into contract last February of this year 2007 regarding website development

ang sabi ko sa sales executive is gusto kong magpagawa ng website na katulad ng jobsDB and jobstreet.com

after ng few days na negotiation i entered into this kind of contract

 

1. TECHNICAL SERVICES - the service provider will provide the client with the following technical services subject to the following terms and condition:

 

1.1 Setup and subscription to the WebJobSearch website system with features and demoed in ________.net

Subscription to the WebJobSearch Site covers the use of the site, itsfeatures and the contents Management system for the duration of the service agreement. Service subscription does not cover ownership of the site programs and system. Project scope does not include the set-up of an on-line payment facility

 

between no. 2 and no. 4 is not really important

 

and then here is the no.5

 

5. CHARGES AND PAYMENT TERMS - For and in consideration of the services to be rendered by the service provider, the client agrees to pay the following charges:

 

5.1 Development Fee equivalent to FIFTY SIX THOUSAND ONE HUNDRED FIFTY PESOS ( P56,150 ) plus VAT

 

HERE IS MY QUESTION

 

1. After ng expiration ng contract namin ng web developer at fully paid ako for monthly subscription na P10,500

pwede ko na bang makuha at mailipat ko sa iba ang hosting ng website ko?

 

2. Meron bang kontrata ang mga web developer na after 1 year at ayaw ng magpahosting sa kanila ay hindi nila ibibigay ang website sa mismong nagpagawa nito?

 

3. Sa mga web developer - me kontrata ba na pag me nagpagawa sa inyo ng website at pina hosting sa inyo ... after 1 year sasabihin nyo na sa inyo ang website at hindi sa nagpagawa?

 

Please i need reply

[webmaster_ph]

32 inch lang po but sony s series. before tax is less than 39k PhP

 

bring it home then. you'd save a lot. make it look like a used item so you wouldn't have to declare it.

 

besides as a balikbayan you are entitled to tax exemptions.

 

last time i checked its usd 2k. pls. verify this w/ poea.

[Dr_PepPeR]

in sec registration of business partnerships:

 

is it possible to have more than one partner?

 

Yes

[ramsstein21]

I would suggest that you just buy here in Manila. Saves you effort of transporting it and for warranty purposes.You can always canvass local prices anyways.They can get married.The question of staying together is another story.

 

Boss Bonito.. they can still get a marriage certificate right, without their parents consent? Diretso lang sila sa huwes na magkakasal?

[webmaster_ph]

follow up on this:

 

but the form has only slots for two partners.