legal Free Legal Advice

[silentkilla]

Sino puwede mag-refer sa akin ng articles about overclocking? Kasi marami na ako narinig na mga pros and cons regarding this, so I was hoping I can really disclose the truth about it.

[archer_dude]

Hey Butsoy!

 

I'm working in a call center right now and thinking of transferring to another call center for obvious monetary reasons! (syempre dun nako sa mas malaki sweldo) But then when our company noticed that there are lots of employees resigning and are transferring to other call centers they had sent out a Memo saying that our company has a "Competency Clause" meaning you can't transfer to another company of the same industry right away after you resign. They said you can only transfer after a year from your resignation. But then as far as I know I didn't sign any contract that states that policy. When signing something I see to it that I read and understand everything first before I sign. And also when I was regularized I didn't sign any contract about my regularization, the last contract that I signed was during my probationary period. And I believe its already null and void when I was regularized, Is that right? Another call center really wants to "pirate" me and because of this I'm having second thoughts as my current company might file a lawsuit against me. Can you enlighten me about this matter? Thanks a lot!

[Butsoy]

Hey Butsoy!

 

I'm working in a call center right now and thinking of transferring to another call center for obvious monetary reasons! (syempre dun nako sa mas malaki sweldo) But then when our company noticed that there are lots of employees resigning and are transferring to other call centers they had sent out a Memo saying that our company has a "Competency Clause" meaning you can't transfer to another company of the same industry right away after you resign. They said you can only transfer after a year from your resignation. But then as far as I know I didn't sign any contract that states that policy. When signing something I see to it that I read and understand everything first before I sign. And also when I was regularized I didn't sign any contract about my regularization, the last contract that I signed was during my probationary period. And I believe its already null and void when I was regularized, Is that right? Another call center really wants to "pirate" me and because of this I'm having second thoughts as my current company might file a lawsuit against me. Can you enlighten me about this matter? Thanks a lot!

 

Archer:

 

Is it a "Competency Clause" or a "no competition clause". anyway what ever that clause is if it means that you cannot enter or join a competing firm for 1 year after you resigned from your current job is good only under the following circumstances.

 

1. if you were a trained specialist where your firm spent money for your special training.

 

2. if you are holding a sensitive position particularly where there is a trade secret involved in your job.

 

3. if your transfer to another firm will cause undue damage to the business of your firm where you resigned.

 

These are the basic requirements. As a call center employe I dont think there is any specialized trainig nede or a trade secret involved in your employment.

 

 

Butsoy

[pititoy2]

Sige na iattach ko yung file, sundin nyo na lang ang instruction.

goodluck. 

Thanx a lot extremes......

[totoybola]

Archer,

 

If you did not sign ANY contract with a "no competition clause" then you are free to work for another call center. Such a clause cannot be made binding on the employee without the latter's consent. To be sure, check the contract you signed as probationary employee if there is such a clause which may have survived your regularization (baka continuing kasi). I seriously doubt it, kasi probationary pa nga lang eh so bakit sila maglalagay ng "no compete clause". If you did not sign any contract as a regular employee, then umalis ka na, wag ka matakot, any alleged "no compete clause" would not be binding on you, regardless of the training you received.

[TeeUp]

I also need some clarifications, i have been working in a call center for about 7 months. our batch started last january 31 2003. and ang sabi ng company we are in a probationary period.

 

then last july bago kami ma-regular nag labas ang company ng memo na lahat ng na hire ng january 11 onward would not be regularized. tanong ko lang wala ba kaming habol dun, kahit nung july lang nila nilabas yung memo, hindi ba ang apektado lang dapat nun ay yung mga ma hire na july onwards.

 

also, we are on a contractual basis right now. and hindi na tinutuloy ng company yuns SSS dahit contractual kami. tama ba sila or what.

 

 

PLEASE HELP. WALA KASING NAG REREKLAMONG EMPLOYEE DITO KAYA SOBRANG MAKA ASTA ITONG CALL CENTER NA ITO. YUNG IBA NAG RESIGN NA LANG. E DAHIL SA HIRAP NG BUHAY NGAYUN NAPILITAN YUNG IBA NA TANGGAPIN MUNA YUNG CONTRACTUAL NA POSITION

 

Joey (hindi Marquez ha?hehehe):

 

If you have been working for 7 months already, may habol kayo, you are already considered as a regular employee (can you correct me on this my panyeros...) and as a regular employee you can only be dismissed from employment for lawful causes. I suggest, you just file an illegal dismissal case if you are terminated by reason that you are a contractual employee.. just pm me or any lawyer here if you need legal assistance.

 

on SSS matters, What I know is even is you are contractual you are entitled to SSS benefits and your mployer must remit your SSS contribution together with employers share...

 

 

 

Butsoy

konting inputs lang po from an associate aspiring to become a partner in this firm.

 

may i ask what kind of work are you performing at the call center? (my apologies if it has been posted earlier).

 

the key factor in determining whether or not a person is regular employee is when he is performing a function that is necessary or usually desirable in the ordinary course of the employer's business. in fact, in the absence of any prior agreement that he is hired as a probationary employee, he automatically becomes a regular employee.

 

in your case where you were told that you were hired on a probationary status, the law requires that you should have been given a set of standards to meet at the time you were hired which shall be the basis upon which the employer will decide if you have indeed qualified for regular employment. such period of determination should not exceed six months. if you did not qualify based on the pre-set standards earlier made known to you, it is the employer's responsibility to inform you of such fact. otherwise, whether you passed it or not, and you were made to suffer work beyond the six month period, you are deemed to have become a regular employee. as such, you enjoy security of tenure. the same is true nothwithstanding the non-existence of any contract or the presence of any contract to the contrary.

 

having security of tenure, your employment cannot be terminated unless:

 

1. the same be for

a. just (gross neglect, abandonment, insubordination, loss of confidence, etc) or

b. authorized (redundancy, employment of labor saving-device, retrenchment, closure of operations, health) causes; and

 

2. the proper procedures are followed.

 

if you were forced to resign (constructive dismissal) or terminated without complying with any or all of the foregoing requirements, you shall be deemed to have been illegally terminated. for which, you shall be entitled to reinstatement(or payment of separation pay, when reinstatement is no longer feasible) without loss of seniority rights and other benefits and payment of full backwages counted from the date compensation was withheld until you are reinstated (whether actual or at least included on the payroll).

 

 

if you have any further clarifications, please feel free to ask.

[archer_dude]

Hey Butsoy!

 

I'm working in a call center right now and thinking of transferring to another call center for obvious monetary reasons! (syempre dun nako sa mas malaki sweldo) But then when our company noticed that there are lots of employees resigning and are transferring to other call centers they had sent out a Memo saying that our company has a "Competency Clause" meaning you can't transfer to another company of the same industry right away after you resign. They said you can only transfer after a year from your resignation. But then as far as I know I didn't sign any contract that states that policy. When signing something I see to it that I read and understand everything first before I sign. And also when I was regularized I didn't sign any contract about my regularization, the last contract that I signed was during my probationary period. And I believe its already null and void when I was regularized, Is that right? Another call center really wants to "pirate" me and because of this I'm having second thoughts as my current company might file a lawsuit against me. Can you enlighten me about this matter? Thanks a lot!

 

Archer:

 

Is it a "Competency Clause" or a "no competition clause". anyway what ever that clause is if it means that you cannot enter or join a competing firm for 1 year after you resigned from your current job is good only under the following circumstances.

 

1. if you were a trained specialist where your firm spent money for your special training.

 

2. if you are holding a sensitive position particularly where there is a trade secret involved in your job.

 

3. if your transfer to another firm will cause undue damage to the business of your firm where you resigned.

 

These are the basic requirements. As a call center employe I dont think there is any specialized trainig nede or a trade secret involved in your employment.

 

 

Butsoy

The only training that I received was the basic training for all agents and my position is only an entry level position. anyway I got a copy of that Non-Compete clause and it states:

 

"For a period of one year afteryour severance from the services, you shall not,directly or indirectly, engaged in any other business undertaking or activity similar or substantially similar to the business operations or activities of ______

or any of it's affiliates. For this purpose directly or indirectly engaging in any business similar or substantially similar to that of ________ shall include but not limited to, engaging in the same business as owner, partner, agent or representative or as any employee of any person, firm, corporation or other entity."

 

"This Kind of post employment prohibition, being limited in time and kind of activity, has long been sanctioned by the Supreme court. It is binding on employees, and a breach thereof would allow _________ to go to court and seek enforcement. The courts could direct both the emplyee and the new employer to comply with the one year ban. Furthermore, it could direct the payment to _________ of damages arising from the breach of contract."

 

I'm just making sure of this so as not to encounter any problems when I leave this company. Anayways thanks for your intial reply Counsel.

[archer_dude]

Archer,

 

If you did not sign ANY contract with a "no competition clause" then you are free to work for another call center. Such a clause cannot be made binding on the employee without the latter's consent. To be sure, check the contract you signed as probationary employee if there is such a clause which may have survived your regularization (baka continuing kasi). I seriously doubt it, kasi probationary pa nga lang eh so bakit sila maglalagay ng "no compete clause". If you did not sign any contract as a regular employee, then umalis ka na, wag ka matakot, any alleged "no compete clause" would not be binding on you, regardless of the training you received.

yup I'm gonna check the probationary contract that I signed, funny this is they did not bother to give us a copy... coz as far as I know when siging a contract two copies must be furnished so that both parties can have a copy for reference right? What happend was after our 6th moth evaluation they just informed us that we are now regualr employers and we were given a copy of our regularization letter, but nothing is stated there regarding this non-compete clause we only beacame aware of it when they announce it to everyone when resigantion letters were being handed to them here and there. Thanks for your help on this Counsel!

[tongaloks]

good morning, mgtatanong lang po.... whats d best DVD Software kaya na available for download?

 

tsaka hingin ko na din yung URL kung san ko pde download. tnx

[tongaloks]

good morning, mgtatanong lang po.... whats d best DVD Software kaya na available for download?

 

tsaka hingin ko na din yung URL kung san ko pde download. tnx

[mharck13]

Mga bossings;

 

I have a situation here

 

I'm working for a law/consultacy/labor relations firm right now ive started january2003, signed a contract as probationary, on the contract stating after a 24 months no competition, period of employment 6 months, benefits etc... its been almost 9months i havent heard from the about my regularization and as what ive read on this thread that i am automatically a regular by law for working almost 9months

 

My question is during payday, they have not been deducting my BIR, SSS, PhilHealth, PagIbig etc... but prior to that they had me fill-up some forms for BIR, SSS, PhilHealth, Pag-Ibig... On my contract nothing had been stated about deductions on SSS, BIR etc...

 

Isnt it that it is a requirement for a company to deduct and remit their BIR, SSS? my other co-workers are being deducted for SSS etc...

 

to sum it up all i havbe been working for almost 9 months and not paying tax, sss, philhealth, etc...

 

worst my is that my other co-workers checked on their sss contributions and found out that whats being deducted to them it not remitted to sss.

 

any advice on this matter? do we have a case here?

[-=extreme=-]

good morning, mgtatanong lang po.... whats d best DVD Software kaya na available for download?

 

tsaka hingin ko na din yung URL kung san ko pde download. tnx

I use either Cyberlink PowerDVD, or Intervideo WinDVD

[silentkilla]

Saan pa ako puwedeng mag-download ng maayos na Inno3D GF4 MX440 128 SE driver? Kasi nag - download ako sa mismong site ng Inno3d using Gozilla. Nung umabot na ng 100% yung download ng file di na tumitigil kasi yung pag - download. So I was wondering if there are still other websites to get the driver.

 

Thanks sa tulong

[-=extreme=-]

Saan pa ako puwedeng mag-download ng maayos na Inno3D GF4 MX440 128 SE driver? Kasi nag - download ako sa mismong site ng Inno3d using Gozilla. Nung umabot na ng 100% yung download ng file di na tumitigil kasi yung pag - download. So I was wondering if there are still other websites to get the driver.

 

Thanks sa tulong

pre go directly to nvdia site, kunin mo yung latest nvidia detonator, compatible lahat yon sa Geforcei chipset, eventhough iba yung brand nila.

 

http://www.nvidia.com/content/drivers/drivers.asp

[Cyber_pinoy]

mharck13,

 

definitely, under the law, "An employee who is allowed to work after a probationary period shall be considered a regular employee."

 

Generally, the probationary period of employment is limited to six (6) months. The exception to this general rule is when the parties to an employment contract agree otherwise, such as when the long probation is justified by the nature of work to be performed by the employee. In such case the exercise of managerial prerogative in requiring longer period of probationary employment is recognized.

 

As to the compulsory contributions to SSS, Medicare etc. this is a fact that both the employer and employee shares in the said contributions. This is accorded by law when you are employed, irregardless of status of employment.

 

These are benefits provided by law. This should not be deprived by anyone.

 

If your SSS contributions are not being remitted by your employer, you can raise that point because it is punishable by imprisonment and further delay of the remittance shall be subject to penalties.

[joey_sixdigit]

I also need some clarifications, i have been working in a call center for about 7 months. our batch started last january 31 2003. and ang sabi ng company we are in a probationary period.

 

then last july bago kami ma-regular nag labas ang company ng memo na lahat ng na hire ng january 11 onward would not be regularized. tanong ko lang wala ba kaming habol dun, kahit nung july lang nila nilabas yung memo, hindi ba ang apektado lang dapat nun ay yung mga ma hire na july onwards.

 

also, we are on a contractual basis right now. and hindi na tinutuloy ng company yuns SSS dahit contractual kami. tama ba sila or what.

 

 

PLEASE HELP. WALA KASING NAG REREKLAMONG EMPLOYEE DITO KAYA SOBRANG MAKA ASTA ITONG CALL CENTER NA ITO. YUNG IBA NAG RESIGN NA LANG. E DAHIL SA HIRAP NG BUHAY NGAYUN NAPILITAN YUNG IBA NA TANGGAPIN MUNA YUNG CONTRACTUAL NA POSITION

 

Joey (hindi Marquez ha?hehehe):

 

If you have been working for 7 months already, may habol kayo, you are already considered as a regular employee (can you correct me on this my panyeros...) and as a regular employee you can only be dismissed from employment for lawful causes. I suggest, you just file an illegal dismissal case if you are terminated by reason that you are a contractual employee.. just pm me or any lawyer here if you need legal assistance.

 

on SSS matters, What I know is even is you are contractual you are entitled to SSS benefits and your mployer must remit your SSS contribution together with employers share...

 

 

 

Butsoy

konting inputs lang po from an associate aspiring to become a partner in this firm.

 

may i ask what kind of work are you performing at the call center? (my apologies if it has been posted earlier).

 

the key factor in determining whether or not a person is regular employee is when he is performing a function that is necessary or usually desirable in the ordinary course of the employer's business. in fact, in the absence of any prior agreement that he is hired as a probationary employee, he automatically becomes a regular employee.

 

in your case where you were told that you were hired on a probationary status, the law requires that you should have been given a set of standards to meet at the time you were hired which shall be the basis upon which the employer will decide if you have indeed qualified for regular employment. such period of determination should not exceed six months. if you did not qualify based on the pre-set standards earlier made known to you, it is the employer's responsibility to inform you of such fact. otherwise, whether you passed it or not, and you were made to suffer work beyond the six month period, you are deemed to have become a regular employee. as such, you enjoy security of tenure. the same is true nothwithstanding the non-existence of any contract or the presence of any contract to the contrary.

 

having security of tenure, your employment cannot be terminated unless:

 

1. the same be for

a. just (gross neglect, abandonment, insubordination, loss of confidence, etc) or

b. authorized (redundancy, employment of labor saving-device, retrenchment, closure of operations, health) causes; and

 

2. the proper procedures are followed.

 

if you were forced to resign (constructive dismissal) or terminated without complying with any or all of the foregoing requirements, you shall be deemed to have been illegally terminated. for which, you shall be entitled to reinstatement(or payment of separation pay, when reinstatement is no longer feasible) without loss of seniority rights and other benefits and payment of full backwages counted from the date compensation was withheld until you are reinstated (whether actual or at least included on the payroll).

 

 

if you have any further clarifications, please feel free to ask.

i need some clarification. first i would like to clarify my case. we were been hired on jan 31 this year. under our contract states that we are in a probationary period. so meaning if we were been renewed we would be regular. am i right? and last july before we our contract finished a memo was been released stating that all employees hired jan 11 onwards would not be regularized because the company is experiencing downsizing at the moment. and when our contract expired, we were been offered a new contract. a contract extension for 5 moths. (so meaning di kami ni-regular). and some of us agree to sign the contract (ang hirap kasi maghanap na ibang trabaho ).

 

my question is what we should do about this. who should we talk to. what shoud we tell to the hr or the management. i think what happened to us is illegal (that is what i think )

 

also, i have talk to others they told me that even though one is a contractual worker the company should still continue processing their SSS. our company told us that since we are a contractual employees we should be the one to process it.

 

what should we do about this. can we complain it to the government or to others.

 

again, tnx to all

[joey_sixdigit]

chunky and butsoy,

 

i am thinking if i can pm you guyz my contract, both for my first six months and that renewal contract (which i think yung contractual nga)

 

so that you can understand it more.

[stpatr3k]

Mga pre kung sira ba ang clipboard ko (when i press cntrol+C/X, or rightclick+copy/cut) nothing happens (OS:XP) what should i do? I think this happened after i got the blue screen of death (corrupted ang video driver kasi)

[Cyber_pinoy]

Joey, if you say your were accepted on a probationary status, you will be regularized after 6 months of service. This is the general rule, but there is an exception. Your probationationary status can be extended, provided that the employer and the employee agrees with each other that said probationary status will be extended based on valid grounds or reasons.

 

Both parties may lawfully stipulate an extension of the probationary period, by way of exception to the statutory prescription. This applies in the absence of any indication that the extension is a mere strategem of the employer to avoid the legal consequences of a probationary period satisfactorily completed. This is subject to the written consent of the employee in order to give him a chance to improve his performance and to qualify for regualr employment in some cases.

 

Joey, the decision of your HR Department has the blessings of the owners of the company or the upper management. The owner of a business enterprise is given considerable leeway in managing his business based on the principle of managerial control of business flowing from ownership of property and the rationale of business enterprise which is maximization of profit. These rights, collectively called Management Prerogatives, comprise the owner's freedom to administer the affairs of his business enterprise in his quest for profits.

 

Your SSS contributions should be paid by your employer.

 

Have you signed a new contract? if you really feel that injustice has been done to you, let us know and we might be able to help you further. Just PM any of us.

[silentkilla]

Mga pre kung sira ba ang clipboard ko (when i press cntrol+C/X, or rightclick+copy/cut) nothing happens (OS:XP) what should i do? I think this happened after i got the blue screen of death (corrupted ang video driver kasi)

Try mo execute yung System Restore program ng Microsoft. Malamang naka - save pa yung very last setting and status ng OS mo. Lahat ng mga Windows OS meron nun.

[silentkilla]

Saan pa ako puwedeng mag-download ng maayos na Inno3D GF4 MX440 128 SE driver? Kasi nag - download ako sa mismong site ng Inno3d using Gozilla. Nung umabot na ng 100% yung download ng file di na tumitigil kasi yung pag - download. So I was wondering if there are still other websites to get the driver.

 

Thanks sa tulong

pre go directly to nvdia site, kunin mo yung latest nvidia detonator, compatible lahat yon sa Geforcei chipset, eventhough iba yung brand nila.

 

http://www.nvidia.com/content/drivers/drivers.asp

Have finished Downloading the 45.x driver at NVIDIA while I posted this message. When I installed all is fine but then after restarting the "blue screen" appeared and then when I have checked everything in safe mode I restarted in normal mode. The visuals became "crayola".

 

I am trying to troubleshoot my system first, may be I overlooked something.

 

Thanks for helping me anyway, I'll update you on what happens

[tongaloks]

good morning, mgtatanong lang po.... whats d best DVD Software kaya na available for download?

 

tsaka hingin ko na din yung URL kung san ko pde download. tnx 

I use either Cyberlink PowerDVD, or Intervideo WinDVD

salamat boss

[menime]

Saan pa ako puwedeng mag-download ng maayos na Inno3D GF4 MX440 128 SE driver? Kasi nag - download ako sa mismong site ng Inno3d using Gozilla. Nung umabot na ng 100% yung download ng file di na tumitigil kasi yung pag - download. So I was wondering if there are still other websites to get the driver.

 

Thanks sa tulong

pre go directly to nvdia site, kunin mo yung latest nvidia detonator, compatible lahat yon sa Geforcei chipset, eventhough iba yung brand nila.

 

http://www.nvidia.com/content/drivers/drivers.asp

Have finished Downloading the 45.x driver at NVIDIA while I posted this message. When I installed all is fine but then after restarting the "blue screen" appeared and then when I have checked everything in safe mode I restarted in normal mode. The visuals became "crayola".

 

I am trying to troubleshoot my system first, may be I overlooked something.

 

Thanks for helping me anyway, I'll update you on what happens

baka may compatibility issue between your motherboard and geforce card, ganyan usually ang symptoms kung hindi compatible ang card at mobo... pag driver kasi hindi ganyan ang problema, post the spec of your pc maybe i can come up with a solution.

[menime]

Saan pa ako puwedeng mag-download ng maayos na Inno3D GF4 MX440 128 SE driver? Kasi nag - download ako sa mismong site ng Inno3d using Gozilla. Nung umabot na ng 100% yung download ng file di na tumitigil kasi yung pag - download. So I was wondering if there are still other websites to get the driver.

 

Thanks sa tulong

pre go directly to nvdia site, kunin mo yung latest nvidia detonator, compatible lahat yon sa Geforcei chipset, eventhough iba yung brand nila.

 

http://www.nvidia.com/content/drivers/drivers.asp

Have finished Downloading the 45.x driver at NVIDIA while I posted this message. When I installed all is fine but then after restarting the "blue screen" appeared and then when I have checked everything in safe mode I restarted in normal mode. The visuals became "crayola".

 

I am trying to troubleshoot my system first, may be I overlooked something.

 

Thanks for helping me anyway, I'll update you on what happens

post the specs of your pc, it could very well be a compatibility issue between your motherboard and geforce card, ganyan usually ang symptoms, maybe i could come-up with a solution kung makita ko ang laman ng pc mo

[menime]

good morning, mgtatanong lang po.... whats d best DVD Software kaya na available for download?

 

tsaka hingin ko na din yung URL kung san ko pde download. tnx 

I use either Cyberlink PowerDVD, or Intervideo WinDVD

salamat boss

cyberlink and power dvd are very good software based dvd players for your pc, but if you have a geforce card, you could use nvdvd, nvidia din ang gumawa ng player so optimized sya for nvidia based cards specially the ones using the geforce4 mx 440 video cards yung vpe(video processing engine).