legal Free Legal Advice

[Dr_PepPeR]

Does your sister give you any written receipt every time you give her the monthly payment? You need proof that the money used for paying the car loan in the name of your sister actually came from you.

 

This is easy to prove. If you paid by checks, just get the returned checks from your bank. If it was via direct deposit, then just keep the deposit slips. If you paid directly, then you would have the OR for the amortizations. If you gave the cash to your sister without any receipt, well then it would be a bit more difficult.

[darth_johnnie_walker]

To MTC's GreaT Lawyers,

 

I've been in an accident recently with another car and sad to say

 

its my fault.. Wala naman ako balak takbuhan kaso madyo di ko kasi

 

masyado kasundo yung nkabanga ko,mdyo ayaw kasi makipag-usap ng

 

maayos.. In short,gusto ko na sana takbuhan.. Kinuha nya plate number

 

and number ng linsensya ko,kaso di ko binigay exact details ko (address

 

and name).. Balak ko sana is lost lisence ko na lang lisensya ko para di nila ko

 

mahabol na.. Advise nyo sana ko kung tama gagawin ko at kung may habol

 

pa sa akin yung other party..

 

Tnx..

 

DJW

Edited February 13, 2008 by darth_johnnie_walker

[ej_qn]

Mga sirs/maam,

 

do you know any labor attorneys? Really need a labor attorneys input. Nagkaka gulangan na sa sweldo ng kapatid ko eh. Could you pls pm me. Salamat po ng malaki.

[moichi]

sirs,

 

question po. yung company ng sister ko may isasara na dept.

 

buong dept i-outsource nila sa agency.

 

di po ba bawal yun?

 

 

sirs,

 

question po. yung company ng sister ko may isasara na dept.

 

buong dept i-outsource nila sa agency.

 

di po ba bawal yun?

[Google]

sirs,

 

question po. yung company ng sister ko may isasara na dept.

 

buong dept i-outsource nila sa agency.

 

di po ba bawal yun?

 

 

sirs,

 

question po. yung company ng sister ko may isasara na dept.

 

buong dept i-outsource nila sa agency.

 

di po ba bawal yun?

 

hindi po bawal yun. its a management prerogative on when to outsource or do things in-house, because of cost efficiency.

but they have to either, re-assign the affected employee in an another department or kung walang assignment, they should pay for severance.

[Google]

To MTC's GreaT Lawyers,

 

I've been in an accident recently with another car and sad to say

 

its my fault.. Wala naman ako balak takbuhan kaso madyo di ko kasi

 

masyado kasundo yung nkabanga ko,mdyo ayaw kasi makipag-usap ng

 

maayos.. In short,gusto ko na sana takbuhan.. Kinuha nya plate number

 

and number ng linsensya ko,kaso di ko binigay exact details ko (address

 

and name).. Balak ko sana is lost lisence ko na lang lisensya ko para di nila ko

 

mahabol na.. Advise nyo sana ko kung tama gagawin ko at kung may habol

 

pa sa akin yung other party..

 

Tnx..

 

DJW

 

its not a legal issue, but an ethical issue. bakit mo kailangang takbuhan whereas you admitted that you are at fault. wala ka bang insurance sa oto or something? if this thing would happened to you, let's say, ikaw ang naging victim, would you be happy na tatakbuhan ka ng may kasalanan? kung ganyan ang attitude mo, hwag ka na lang mag drive. parang hit and run na rin yan. kung hindi kayo magkasundo, ask a lawyer to be there during your discussions so you come up with an agreement where both party wins.

 

maski i lost license mo yang license mo, pwede ka nyang itembre dahil alam nya license plate mo. maiimpound pa yang oto mo, na pwedeng maging problema if in case iba ang nagmamaneho o gumagamit nyan.

 

tsk.tsk.tsk... :thumbsdownsmiley:

Edited February 15, 2008 by Google

[darth_johnnie_walker]

kung hindi kayo magkasundo, ask a lawyer to be there during your discussions so you come up with an agreement where both party wins.

 

maski i lost license mo yang license mo, pwede ka nyang itembre dahil alam nya license plate mo. maiimpound pa yang oto mo, na pwedeng maging problema if in case iba ang nagmamaneho o gumagamit nyan.

 

tsk.tsk.tsk... :thumbsdownsmiley:

 

To Google,

 

Tnx for the advise dude.. Wala naman din talaga balak takbuhan talaga yung

 

tao.. Badtrip lang talaga ko dahil magulo makipag-usap.. Pero nagka-usap na kami

 

ulit and thing are going well na naman.. :thumbsupsmiley:

 

DJW

[moichi]

hindi po bawal yun. its a management prerogative on when to outsource or do things in-house, because of cost efficiency.

but they have to either, re-assign the affected employee in an another department or kung walang assignment, they should pay for severance.

 

but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman.

 

today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila.

 

next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing.

 

yung paychecks naman nila, as in feb 1 - 15 lang ang covered.

 

walang additional to cover any separation or what.

 

basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok.

 

ganun na lang ba yun?

[legalavatar]

but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman.

 

today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila.

 

next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing.

 

yung paychecks naman nila, as in feb 1 - 15 lang ang covered.

 

walang additional to cover any separation or what.

 

basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok.

 

ganun na lang ba yun?

sorry to butt in dudes. i think it depends. hindi pwede ang outsourcing if what you are outsourcing are positions which are "usually necessary or desirable in the usual trade or business of the employer".

 

file ka na lang ng illegal dismissal sa nlrc (sa ppsta banawe) then mag claim ka na rin ng lahat ng benefits including separation pay, para covered assuming na valid yung closure ng department.

 

my guess is, illegal practice to. example - a school cannot suddenly dismiss all its teachers tapos i-outsource yung teaching dahil in a school, a teach is a position which is usually necessary or desirable in the usual trade or business of the employer, which is a school.. kuha mo pards?

[legalavatar]

sorry to butt in dudes. i think it depends. hindi pwede ang outsourcing if what you are outsourcing are positions which are "usually necessary or desirable in the usual trade or business of the employer".

 

file ka na lang ng illegal dismissal sa nlrc (sa ppsta banawe) then mag claim ka na rin ng lahat ng benefits including separation pay, para covered assuming na valid yung closure ng department.

 

my guess is, illegal practice to. example - a school cannot suddenly dismiss all its teachers tapos i-outsource yung teaching dahil in a school, a teaching position is one which is usually necessary or desirable in the usual trade or business of the employer,. kuha mo pards?

 

kung ganoon ka indispensable ang department mo, tapos regular employees na kayo, thats clear illegal dismissal to my mind.

 

 

please forgive my previous post. newbie :-)

[Dr_PepPeR]

but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman.

 

today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila.

 

next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing.

 

yung paychecks naman nila, as in feb 1 - 15 lang ang covered.

 

walang additional to cover any separation or what.

 

basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok.

 

ganun na lang ba yun?

 

Considering the circumstances, this looks like involuntary separation due to 'a labor saving device'. As such, I think you are entitled to one month for every year of service. Otherwise, this is an illegal dismissal and as legalavatar said, can be brought before the National Labor Relations Commission.

 

sorry to butt in dudes. i think it depends. hindi pwede ang outsourcing if what you are outsourcing are positions which are "usually necessary or desirable in the usual trade or business of the employer".

 

file ka na lang ng illegal dismissal sa nlrc (sa ppsta banawe) then mag claim ka na rin ng lahat ng benefits including separation pay, para covered assuming na valid yung closure ng department.

 

my guess is, illegal practice to. example - a school cannot suddenly dismiss all its teachers tapos i-outsource yung teaching dahil in a school, a teaching position is one which is usually necessary or desirable in the usual trade or business of the employer,. kuha mo pards?

 

kung ganoon ka indispensable ang department mo, tapos regular employees na kayo, thats clear illegal dismissal to my mind.

 

 

please forgive my previous post. newbie :-)

 

I still think outsourcing is a valid business decision provided the procedures on involuntary separation are complied. Only if a business is subject to a regulator and if the regulator prohibits outsourcing of certain core functions is outsourcing illegal. As to 'usually necessary or desirable in the usual trade or business' stated in the Labor Code, I believe this refers to contractual or probationary employees who are allowed to continue working for more than six months, and who then should be considered regular employees.

[legalavatar]

well opinions aside, wouldn't you agree that based on the facts, a case for illegal dismissal, payment of backwages, separation pay, employee benefits, damages and attorney's fees should be filed with the nlrc.

 

go the entire mile. sayang naman if the labor arbiter would agree that there was illegal dismissal. sayang yung backwages.

 

if the labor arbiter doesn't agree, at least you tried. in any case, you still have your claim for separation pay.

 

may public attorney's office sa nlrc ground floor. i'm sure they will want to take your case, if you decide not to get a lawyer of your own. it's free by the way. otherwise, you can appear on your own behalf. but as they say, a person who represents himself has a fool for a client. hence, i urge you seek legal advice.

 

good luck :upside:

Edited February 18, 2008 by legalavatar

[Google]

but how does his work? i asked kung meron bang announcement tungkol dito. memo or notice sa bulletin board, wala naman.

 

today, feb 15, they were all asked to go to their HR dept. pagdating dun, they were given their paychecks. tapos sinabihan sila na wag na pumasok sa monday, dahil sarado na daw dept nila.

 

next monday, agency na daw magpatuloy ng kanilang trabaho. no turn-over. no endorsement. nothing.

 

yung paychecks naman nila, as in feb 1 - 15 lang ang covered.

 

walang additional to cover any separation or what.

 

basta ganun lang. binayaran ng last paycheck and then wag na daw pumasok.

 

ganun na lang ba yun?

 

 

imho, there should be a period alloted (e.g. 15 to 30 days). i think they can complain if this happens (if they are regular employees as well).

and there should be an additional amount to cover separation.

 

on the outsourcing, it is still a valid option, because management can decide on the options to take in consideration of efficiency and savings.

[moichi]

mga bossing, maraming salamat po sa advice.

 

have shown this to my sis and we'll go to nlrc.

 

i-update ko na lang kyo on wat happened.

 

slamat po uli sa inyong lahat.

[koki2006]

mga sir ask lng,

 

my mom died unexpectedly heart attack about 2 years n aug 27 2006 nang makakuha kami sa work nya last pay ( which is date n pinasok nya up to time of death, burial and un galing s prudential which i think is insurance kasi manager sya ) amounting to about more or less 300k kaso nunn una sabi s amin may backpay kaso compute p daw kaso biglang bigla wla n daw kasi un nakuha namin n tig 60k each s prudential un n daw un mga ibang claim wla n daw kaso wla kami pera pra ihabol mayaman kasi un company, tapos halos hirap p kami so wlang may tym mag asiskaso nito ano po b magagawa ko d2 or san ako pde mag ask ng help nag email n ako sa DOLE kaso wla ako natanggap n reply so pde po b ito ihabol kahit mag 2 yrs na?

 

kung may address kau p send n lng po d2 at numbers n pde ko tawagan thanks po.

 

by the way 19 1/2 yrs sya s work nya before she passed away