legal Free Legal Advice

[cydney_maldita]

help naman oh!!

[peithe]

I agree that mere notice will suffice. Maybe what he meant was RECEIPT. So to prove receipt, someone authorized to receive a notice should acknowledge receipt of the letter of resignation. Incidentally, while loss of trust or confidence may be a valid reason for termination, it also comes across as not meeting the standards set. Which is why for practical purposes, the latter is the most common way of terminating a probie, no further explanation or paperwork necessary.

 

 

As the case mentioned the conflict arised when the employee which is still on Proby status tendered his resignation but the Boss refuse to acknowledge/receive it since she insist for a 45 day notice be given which was not acceptable to the employee. The employee stood by the 30 days but as a courtesy said she will talk to to the new employer if she would be able to give an extension or her start date. Unfortunately it can't be done so the employee get back at the boss after almost 2 weeks and advise that effectivity is really 30 days from the time she tendered the resignation (which was not acknowledge).

 

Since employee was acting in good faith, she did not bother to let other people receive the said letter although the resignation is common knowledge in the office.

 

In this scenario, given the boss refusal to receive the resignation because as she said "I wont sign it unless you change the effectivity date to 45 days thereafter" does the employee have a case?

 

Also if the status of an employee is on PROBY and wants to resign, what would be the required # of day prior notice?

[pilipsandiego]

questions sirs,

 

if one won a case for damage in the rtc level, and wants to make an ad in a newspaper stating the court's decision in its full text glory (of course with a disclaimer that the losing party can still appeal the decision or even say that the decision is already on appeal).

 

can it be done?

[bonito99]

help naman oh!!

 

 

Ano ang gusto mong mangyari?

[bonito99]

questions sirs,

 

if one won a case for damage in the rtc level, and wants to make an ad in a newspaper stating the court's decision in its full text glory (of course with a disclaimer that the losing party can still appeal the decision or even say that the decision is already on appeal).

 

can it be done?

 

What for?

 

I suggest that you wait for the final entry of judgment, if no one will appeal the decision.

[azayco]

questions sirs,

 

if one won a case for damage in the rtc level, and wants to make an ad in a newspaper stating the court's decision in its full text glory (of course with a disclaimer that the losing party can still appeal the decision or even say that the decision is already on appeal).

 

can it be done?

 

 

I agree with bonito.

 

A cheaper alternative is to draft a press release and submit it to the paper. The likelihood of the press release seeing print is of course less compared to a paid ad (which is guaranteed).

[cydney_maldita]

may laban po b ako??? kasi pakiramdam ko sobra akong na aragabyado eh

[peithe]

help naman oh!!

 

 

What is difficult in your situation is that there are no documentation or contract whatsoever pertaining to your employement. While most labor rift can be filed with the DOLE for arbitration. I guess given the scenario the most logical would be finding an amicable settlement at the baranggay level. Otherwise the baranggay will have to make an arbitration on your complaint. If you're unhappy, then you could elevate to the DOLE. But given the cost for legal expense if ever, is it worth it? Baka abugado lang ang kumita.

 

That's my 2 cents worth ...

[vagabond]

on my way home, i heard on the am radio that supreme court justice renato (?) puno instituted "changes" in cases concerning debts 100,000 pesos and below, that you dont need a lawyer and can be settled in a day... can anyone clarify?

[azayco]

You can find the SC issuance here.

 

Some first level courts were designated as special courts to handle small claims. Small claims cover money claims amounting to Ps. 100,000 below, excluding interest and costs. Lawyers do not participate and litigants use standard forms available in courts.

 

I haven't read the entire issuance yet, but offhand, I see that this will be good news for credit card companies (as it will lower their collection costs) and bad news for those with credit card debts below Ps. 100,000 (since with the lower costs, hailing them to court now seems a viable option.)

Edited October 19, 2008 by azayco

[cydney_maldita]

i already did that pero ang ginawa ng brgy captain ay nag compute ng total net ng kita ng business ng tita then later told me "sapalagay mo makakapag pasweldo b sya" but my point is obligation nya magpa sweldo or else d na syua dapat nag negosyo, and may capacity naman sya magpa sweldo nagkataon lang talaga na since bagong bukas ang business kaya mejo may kahinaan pa

[ela_bat]

With due respect to peithe, Barangay have no jurisdiction over employer employee controversy. Go to DOLE and ask for help and assistance.

[kix™]

Hello Kix:

 

You said the cooperative filed a case against the awol employee, so this means that the cooperative have legally made a claim against him for the loans obtained by the members and in turn borrowed by him. These members include your friend.

 

If they have already filed the case in Court, then they cannot file another case for the same amount against the borrowers without committing unjust enrichment under the law. As the saying goes they cannot have their cake and eat it too.

 

As long as they are collecting from the awol employee they cannot institute another action for the same obligation against your friend.

 

Sir pol22366 thnx sa info. ngayn lang ako nag online ulit kaya meho delayed sagot ko. Add ko lang, Hindi pa pla nakakacollect yung coop kaya yung frend ko ang gsto deductionan sa kanilang salary. Pwede ba ung ganun? Thanks ulit

[peithe]

With due respect to peithe, Barangay have no jurisdiction over employer employee controversy. Go to DOLE and ask for help and assistance.

 

With due respect also... I guess I've made it clear that going to the baranggay is just to find an amicable settlement. Again, I've indicated that if the Baranggay did not give justice then go to DOLE for arbitration.

 

Why Baranggay first? Well this is a you said me said kinda thing. There was no doumentation of the hiring as well as of the salary to be given. The employer being a relative may easily deny any arrangement made pertaining to employment.

 

As to the comment of the baranggay ... wherein they computed for the income and asked you whether kaya kayang magpasweldo. Well, obligation to pay salary of a hired employee is not dependent whether the firm earns or is actually loosing money.

 

Since documentation of your employment is not present ... you probably need witness to strengthen you case as proof you're indeed "employed" (this is in the absence of an employment contract). Going to DOLE for arbitration is your hope

[Porn Star]

sir here's the scenario..

 

company xxx is di na makapagpasweldo sa employee nya.. then my wife quit.. she didn't surrneder her service car yet kasi may collectible pa syang 300+ thousand sa last pay nya. mejo malabo na syang bayaran. then, now pinapabalik na yung service otherwise irereport na daw as carnap.. they plan to sell the car para may pera daw pampasweldo. we tried to negotiate to offset na lang sa last pay ni mrs. ayaw nila. pano kaya gagawin namin? btw, sa books ng acct wala ng value yung car.