legal Free Legal Advice

[MNdMud4s3x]

meron na po bang jurisprudence laying down the details regarding visitation rights? i mean, anu ba ang extent nito? me hard and fast rule ba regarding this?

Edited January 7, 2008 by MNdMud4s3x

[Google]

kung callcenter yan they rarely pursue it.. that's based on experience though...

 

yes. even though consulting companies do not pursue this. its all a matter of pantakot.

[Google]

Got question. Do certain company can formulate rules that they can force their employees to work during holidays even thougth its nature of business is a manufacturing? I've search the Labor code but seems that It wont shows that they can force employees to work during holidays and it they can discharge the said employees who did not work during that day?

 

they can, but they have to pay overtime rates that are mandated by the labor law.

[wolflove_bigdawg]

Any legal eagle here who could help with an answer here? My wife works in a real estate company/resort company. The problem is she doesnt want to work there anymore and has already been accepted in another company and so she gave her resignation letter and would be staying for another 10 days or so. My wife's company's lawyer then sent her a letter, you know, a little threat here and there that she needs to stay for 30 day or else...

 

Is she really obliged to do that. She doesnt even have a work contract up to now.

[duralife]

Any legal eagle here who could help with an answer here? My wife works in a real estate company/resort company. The problem is she doesnt want to work there anymore and has already been accepted in another company and so she gave her resignation letter and would be staying for another 10 days or so. My wife's company's lawyer then sent her a letter, you know, a little threat here and there that she needs to stay for 30 day or else...

 

Is she really obliged to do that. She doesnt even have a work contract up to now.

 

yes it is provided under the labor code that an employee should file his/her resignation letter 30 days in advance.

[seamaster88]

they can, but they have to pay overtime rates that are mandated by the labor law.

 

 

that's true. but if she has left over leaves, she can take it and start with her new company

[bonito99]

Any legal eagle here who could help with an answer here? My wife works in a real estate company/resort company. The problem is she doesnt want to work there anymore and has already been accepted in another company and so she gave her resignation letter and would be staying for another 10 days or so. My wife's company's lawyer then sent her a letter, you know, a little threat here and there that she needs to stay for 30 day or else...

 

Is she really obliged to do that. She doesnt even have a work contract up to now.

 

 

Legally, No.

 

As long as she gives a proper turnover, that's enough.

[Google]

Legally, No.

 

As long as she gives a proper turnover, that's enough.

 

 

agree here. we handle those things here so frequently that we really do not care about it anymore.

just let her talk with her manager and agree on a certain number of days for turnover and let her do it. tapos nun tapos na.

[Talahib]

For our WISEMEN...

 

 

Sirs my brother's motorcycle was stolen at a paid parking last Nov.'07. It's a Suzuki Raider 150 that he paid for 3yrs and was only stolen in a matter of hours in a paid parking lot. As he states, he parked at around 1pm outside his school at Perps las pinas and went back to get the vehicle around 4pm and realize it as lost. The ticket remains w/ him. He reported the incident to the parking attendant w/c logged the whole story. Then went to police station for blotter. The next day I went assisted him to the scene and checked where he parked and where the attendants are, the ticketing booth (w/c was almost only 8-10 meters away from the stolen vehicle). Ask the attendants how his vehicle was stolen w/o surrendering the ticket. I asked for the person who I can talk w/ at Perps. I got the tel#s of Perps who I can talk w/ but all they say is that they don't have liablity to what happened. At the back of the ticket 1st states..."We are not liable for any lost of items, vehicles or damage to your vehicles", thats what they are telling us. But at the end of the ticket also states that...."Ticket must be surrendered upon exit of vehicle"! Days have past since the lost of our vehicle, nothing happened and little by little we're just accepting that it was lost.

 

 

My question Sirs..."Do we have a case against the parking owner/ attendants w/c we still can win? Even if days have past and we still have the ticket and formal blotter?

 

Also my concern is the money that will be spent for atty's fees. I know its not easy to sue...time and money is critical. We also don't know anybody w/c can help us w/ our legal problem that's why it also reached this day (PAO).

 

pls. help...need your advise.

[Google]

For our WISEMEN...

 

 

Sirs my brother's motorcycle was stolen at a paid parking last Nov.'07. It's a Suzuki Raider 150 that he paid for 3yrs and was only stolen in a matter of hours in a paid parking lot. As he states, he parked at around 1pm outside his school at Perps las pinas and went back to get the vehicle around 4pm and realize it as lost. The ticket remains w/ him. He reported the incident to the parking attendant w/c logged the whole story. Then went to police station for blotter. The next day I went assisted him to the scene and checked where he parked and where the attendants are, the ticketing booth (w/c was almost only 8-10 meters away from the stolen vehicle). Ask the attendants how his vehicle was stolen w/o surrendering the ticket. I asked for the person who I can talk w/ at Perps. I got the tel#s of Perps who I can talk w/ but all they say is that they don't have liablity to what happened. At the back of the ticket 1st states..."We are not liable for any lost of items, vehicles or damage to your vehicles", thats what they are telling us. But at the end of the ticket also states that...."Ticket must be surrendered upon exit of vehicle"! Days have past since the lost of our vehicle, nothing happened and little by little we're just accepting that it was lost.

 

 

My question Sirs..."Do we have a case against the parking owner/ attendants w/c we still can win? Even if days have past and we still have the ticket and formal blotter?

 

Also my concern is the money that will be spent for atty's fees. I know its not easy to sue...time and money is critical. We also don't know anybody w/c can help us w/ our legal problem that's why it also reached this day (PAO).

 

pls. help...need your advise.

 

eto yung mga problema na nangyayari sa atin ehmay mga limit of liabilities and mga parking lot operators for damages, stolen items or stolen vehicles.

i am not a lawyer, but imho, may case pa din yan against the parking owner or attendants dahil they are charging for the maintenance and upkeep of the area. and besides, may onting conflict dun sa terms na naka print sa ticket mo which is "the ticket must be surrendered upon exit of the vehicle". even though may sinurrender na parking ticket yung nagnakaw ng motorcycle, it is the responsibility of the attendant to make sure that the plate number written on the ticket is equal to the plate number of the motorcycle. i am sure this will be a long case, wherein if you have other options like insurance of the motorcycle, i think it is better to go to that option.

 

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

a suggestion though, why not approach the Integrated Bar of the Philippines kung talagang maghahabol kayo dun sa parking lot owners/attendants? Or baka may mga kind hearted lawyers dito who can charge you at a lower cost.

[Dr_PepPeR]

For our WISEMEN...

 

 

Sirs my brother's motorcycle was stolen at a paid parking last Nov.'07. It's a Suzuki Raider 150 that he paid for 3yrs and was only stolen in a matter of hours in a paid parking lot. As he states, he parked at around 1pm outside his school at Perps las pinas and went back to get the vehicle around 4pm and realize it as lost. The ticket remains w/ him. He reported the incident to the parking attendant w/c logged the whole story. Then went to police station for blotter. The next day I went assisted him to the scene and checked where he parked and where the attendants are, the ticketing booth (w/c was almost only 8-10 meters away from the stolen vehicle). Ask the attendants how his vehicle was stolen w/o surrendering the ticket. I asked for the person who I can talk w/ at Perps. I got the tel#s of Perps who I can talk w/ but all they say is that they don't have liablity to what happened. At the back of the ticket 1st states..."We are not liable for any lost of items, vehicles or damage to your vehicles", thats what they are telling us. But at the end of the ticket also states that...."Ticket must be surrendered upon exit of vehicle"! Days have past since the lost of our vehicle, nothing happened and little by little we're just accepting that it was lost.

 

 

My question Sirs..."Do we have a case against the parking owner/ attendants w/c we still can win? Even if days have past and we still have the ticket and formal blotter?

 

Also my concern is the money that will be spent for atty's fees. I know its not easy to sue...time and money is critical. We also don't know anybody w/c can help us w/ our legal problem that's why it also reached this day (PAO).

 

pls. help...need your advise.

 

 

eto yung mga problema na nangyayari sa atin ehmay mga limit of liabilities and mga parking lot operators for damages, stolen items or stolen vehicles.

i am not a lawyer, but imho, may case pa din yan against the parking owner or attendants dahil they are charging for the maintenance and upkeep of the area. and besides, may onting conflict dun sa terms na naka print sa ticket mo which is "the ticket must be surrendered upon exit of the vehicle". even though may sinurrender na parking ticket yung nagnakaw ng motorcycle, it is the responsibility of the attendant to make sure that the plate number written on the ticket is equal to the plate number of the motorcycle. i am sure this will be a long case, wherein if you have other options like insurance of the motorcycle, i think it is better to go to that option.

 

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

a suggestion though, why not approach the Integrated Bar of the Philippines kung talagang maghahabol kayo dun sa parking lot owners/attendants? Or baka may mga kind hearted lawyers dito who can charge you at a lower cost.

 

Clauses appearing on contracts of adhesion limiting liability of the operator, like those in the parking ticket will not protect the parking operator if there was negligence on their part, which appears to be the case here, considering that it was taken out without the parking stub. I have seen drivers who have lost their tickets showing their registration and driver's license to the guards to prove that they are really the authorized drivers of those vehicles, and which details are taken down in a logbook by the guards. But of course you may have to file a court case, and you already know that this takes time and money and patience.

[mlpf]

sa PAO naman, may financial considerations ata before they can consider you. i think you have to receive a certain salary a month (i really don't know how much), before they can consider it.

 

If I am not mistaken, the PAO will accept a civil case if it has merit and your monthly family income does not exceed Php 16,000.00.

[jettison_last]

I'm not sure if this should be posted here though, but just the same...

 

How/where do you report a business/office that has been setup locally but is operating without the necessary licenses, permits, registration, what-not? Also will that office be considered a "business" even though that office is not doing business per se, nor soliciting clients locally but is merely a back-office with the hq in the US?

 

thanks

[maxsurban77]

Legally, No.

 

As long as she gives a proper turnover, that's enough.

 

Here are some considerations: True that the labor code stipulates a 30 day notice, but your wife cannot be forced to work, notwithstanding as the latter will constitute involuntary servitude. Company will have a ground to sue for damages though if 30 days notice will not be complied. Of course, one could come up with so many defenses such as health, family situation, turn over has been made, etc. Company seldom pursue case against an employee who does not want to work for them

[Google]

I'm not sure if this should be posted here though, but just the same...

 

How/where do you report a business/office that has been setup locally but is operating without the necessary licenses, permits, registration, what-not? Also will that office be considered a "business" even though that office is not doing business per se, nor soliciting clients locally but is merely a back-office with the hq in the US?

 

thanks

 

 

hmmm. sa SEC.. tapos BIR for taxes.. even your local mayor's office for the presence of the necessary business permits.