legal Free Legal Advice

[alteclansing]

Questions lang mga sir

 

I am a regular employee of one of the biggest call centers in the country today. Late last week the company decided to put at least 55 agents all of regular employment status on forced leave for a month. This would have been acceptable since we are all aware that the sites gross margin is really down due to lack of calls coming in. The problem is, we just found out that a new batch of agents are set to be trained for next week. I mean why hire more people if they do not have the money to keep the current staff. Anyway they used our performance as a basis for who will be placed on forced leave when there are people who are performers who had been placed on leave as well. Our bosses are starting to resign because of this its upper management that has been running the show.

 

My question is as a regular employee is it legal to be placed on forced leave due to performance? What legal remedies could I avail of to correct the situation? Or do I have any? Thanks in advance sirs.

[mlpf]

actually I did have a lawyer during at the fiscal level while the complainant used a PAO lawyer. And during the arraignemnt and pre trial, a PAO lawyer was assigned to me but I didnt ask for his services. So everytime I attended the hearing I dont have a lawyer with me but it was then appointed to me during the hearing (sorry for not mentioning it before).

 

So when the judge schedules another hearing I just took note of the date but dont know what is really happening as the PAO is not really representing me at that moment but what just appointed, so maybe he doesnt care whatever happens to me and does not give me any advice. (sorry, kulang kasi budget to hire a lawyer)

 

Sabi kasi sa notice is that the lawyers of both sides (and both are PAO) has agreed to terminate the pre trial, eh never nag appear ang complainant!

 

The lawyer of the prosecution is the Fiscal. Since you did not have a lawyer with you, the judge tapped the PAO lawyer to represent you. Since the complainant failed to appear, it is normal to terminate the pre-trial. I suggest you go to the office of the PAO lawyer and confer with him regarding your case. PAO lawyers are loaded with cases. If the complainant fails to appear during the trial, then the PAO lawyer can move for dismissal.

Edited May 31, 2010 by mlpf

[ctc]

The lawyer of the prosecution is the Fiscal. Since you did not have a lawyer with you, the judge tapped the PAO lawyer to represent you. Since the complainant failed to appear, it is normal to terminate the pre-trial. I suggest you go to the office of the PAO lawyer and confer with him regarding your case. PAO lawyers are loaded with cases. If the complainant fails to appear during the trial, then the PAO lawyer can move for dismissal.

 

thank you very much for the advice.

[code]

anyone can i ask for an advise regarding sa case sa baby ko. kasi nasunog ang paa ng baby noong 1day after sya pinanganak sa perpetual hospital sa las pinas. we filed case against sa hospital and sa mga nurses and doctors na involve kasi nung time na nasunog ang paa ng baby nasa NICU pa sya under observation siya that time dahil nagsuka ang baby ni hindi nla alam ang reason. within 24hours ng silipin namin ang baby nagulat na lng kami ng misis ko itim na itim ang paa ng baby. and they told us na alergy lng daw. pero unang tingin pa lng po sunog talaga ang paa ng baby.ano po sa tingin nyo ang dapat na ifile namin na case? winnable po ba ang case? http://mypixelspace.net/imgs/img01/wiwV3UJpBA.jpg' alt='wiwV3UJpBA.jpg'>

[Arneeious]

Hi,

 

My sister hired a yaya to take care of her 2-year old baby. Yesterday, her neighbor called her because the neighbor heard the baby crying for about an hour. When my sister came home, she found her baby crawling on the floor. She couldn't find the yaya anywhere and all the yaya's stuff were gone. Apparently the yaya ran away and left the child alone in the house. Good thing the neighbor heard her cry.

 

Is there a specific criminal complaint my sister can file against the yaya? It just makes us so angry that she would leave a defenseless baby alone inside the house.

[Pinoymale]

If you already have your baby with you, have her checked by a doctor in another reputable hospital. If the doctor confirms that her feet were burned then you can file a criminal and civil case against the hospital for physical injuries. The important thing is that it is proven that the cause of the burns occurred while your baby was in the custody and care of the hospital.

 

anyone can i ask for an advise regarding sa case sa baby ko. kasi nasunog ang paa ng baby noong 1day after sya pinanganak sa perpetual hospital sa las pinas. we filed case against sa hospital and sa mga nurses and doctors na involve kasi nung time na nasunog ang paa ng baby nasa NICU pa sya under observation siya that time dahil nagsuka ang baby ni hindi nla alam ang reason. within 24hours ng silipin namin ang baby nagulat na lng kami ng misis ko itim na itim ang paa ng baby. and they told us na alergy lng daw. pero unang tingin pa lng po sunog talaga ang paa ng baby.ano po sa tingin nyo ang dapat na ifile namin na case? winnable po ba ang case? http://mypixelspace.net/imgs/img01/wiwV3UJpBA.jpg' alt='wiwV3UJpBA.jpg'>

[mlpf]

Hi,

 

My sister hired a yaya to take care of her 2-year old baby. Yesterday, her neighbor called her because the neighbor heard the baby crying for about an hour. When my sister came home, she found her baby crawling on the floor. She couldn't find the yaya anywhere and all the yaya's stuff were gone. Apparently the yaya ran away and left the child alone in the house. Good thing the neighbor heard her cry.

 

Is there a specific criminal complaint my sister can file against the yaya? It just makes us so angry that she would leave a defenseless baby alone inside the house.

 

Article 276 Revised Penal Code for Abandoning a Minor. She can also file a case for child abuse or Violation of Republic Act No. 7610.

Edited June 8, 2010 by mlpf

[code]

If you already have your baby with you, have her checked by a doctor in another reputable hospital. If the doctor confirms that her feet were burned then you can file a criminal and civil case against the hospital for physical injuries. The important thing is that it is proven that the cause of the burns occurred while your baby was in the custody and care of the hospital.

 

 

 

yes we have already filed a criminal case against them. and we have the evidences to prove that the feet of our baby was burned under their care and custody. sir if we have everything to prove to the court that they are negligible to their actions is there any possible way that the case would win or dismiss? bcoz for now the big problem is in our lawyer we dont have trust to our lawyer. coz every time there will be a scheduled hearing our lawyer always said it was postpone... is it right? or he is after only for the payment?

[code]

sir mlpf, do you know some lawyer(manila based) who can help us whom we can trust?

[Pinoymale]

yes we have already filed a criminal case against them. and we have the evidences to prove that the feet of our baby was burned under their care and custody. sir if we have everything to prove to the court that they are negligible to their actions is there any possible way that the case would win or dismiss? bcoz for now the big problem is in our lawyer we dont have trust to our lawyer. coz every time there will be a scheduled hearing our lawyer always said it was postpone... is it right? or he is after only for the payment?

 

Unfortunately, cases are not always won on merits alone. There are other factors that come into play and not all are legal. At any rate, if you are not happy with your lawyer you are always free to hire another lawyer to handle your case. You may personally check the court records to find out the reasons for the postponement. I know from personal experience that hearings may be postponed for several reasons: absent judge, lack of time, absent opposing counsel, etc. Btw, who is the judge handling your case?

[ReDBaByBuRn]

is separation pay taxable?

[-wet-]

is separation pay taxable?

Section 32 (B )(6)(B ) of the Tax Code, as amended. explain ko sa yo pag nagkita tayo ulet.

Edited June 8, 2010 by -wet-

[ReDBaByBuRn]

ART. 87. Overtime work. - Work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime work, an additional compensation equivalent to his regular wage plus at least twenty-five percent (25%) thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate of the first eight hours on a holiday or rest day plus at least thirty percent (30%) thereof.

 

 

in the company that i was with, overtime can only be paid if it is a minimum of 30 mins extension.

 

however, the tl and atl was obliged to attend management meeting where in there are time that the said people involve needs to be in the office for almost 13 hrs and none of the said hrs additional to the 8 hrs is being paid. what legal actions can we do?

Edited June 8, 2010 by ReDBaByBuRn

[swami]

to my peers in the bar.

 

I am handling a murder/homicide case now. here it goes.

 

An information for murder was filed by the city prosecutor's office before the RTC. MR was filed by the accused before the city prosecutor's office, over the resolution recommending the filing of information for murder. the RTC issued a warrant of arrest. accused remained at large. Thereafter, the city prosecutor's office issued a resolution, REVERSING its earlier resolution, and this time, recommending the downgrading of the offense from murder to homicide. a motion to amend information was filed in court by the public prosecutor. the accused filed a corresponding motion to admit amended information.

 

As I represent the private complainant, I filed an Opposition to both motions, on the ground that there's a pending petitio for review with the DOJ, over the 2nd resolution downgrading the offense. Notwithstanding the pendency of the petition for review with the DOJ, the RTC ordered the amendment of the information. 3 days after, accused posted bail since it's already downgraded to homicide. I noticed that the order downgrading the offense from murder to homicide, was not mailed to me until 2 weeks later, that is, well after the accused had already posted bail. In short, di ako binigyan man lang ng opportunity to file an MR dun sa order downgrading the offense. agad na implemented yung order, kasi nga, 3 days after, nag grant agad ng bail.

 

tanong lang: do you think based on those facts, the judge is already biased? I'm thinking of asking the inhibition of the judge, but as we know, it's not easy to do that. what you guys think?

 

pasintabi lang po sa mga non lawyers and the mods. I hope this query won't be deleted. thanks

[jopoc]

to my peers in the bar.

 

I am handling a murder/homicide case now. here it goes.

 

An information for murder was filed by the city prosecutor's office before the RTC. MR was filed by the accused before the city prosecutor's office, over the resolution recommending the filing of information for murder. the RTC issued a warrant of arrest. accused remained at large. Thereafter, the city prosecutor's office issued a resolution, REVERSING its earlier resolution, and this time, recommending the downgrading of the offense from murder to homicide. a motion to amend information was filed in court by the public prosecutor. the accused filed a corresponding motion to admit amended information.

 

As I represent the private complainant, I filed an Opposition to both motions, on the ground that there's a pending petitio for review with the DOJ, over the 2nd resolution downgrading the offense. Notwithstanding the pendency of the petition for review with the DOJ, the RTC ordered the amendment of the information. 3 days after, accused posted bail since it's already downgraded to homicide. I noticed that the order downgrading the offense from murder to homicide, was not mailed to me until 2 weeks later, that is, well after the accused had already posted bail. In short, di ako binigyan man lang ng opportunity to file an MR dun sa order downgrading the offense. agad na implemented yung order, kasi nga, 3 days after, nag grant agad ng bail.

 

tanong lang: do you think based on those facts, the judge is already biased? I'm thinking of asking the inhibition of the judge, but as we know, it's not easy to do that. what you guys think?

 

pasintabi lang po sa mga non lawyers and the mods. I hope this query won't be deleted. thanks

 

 

remember that your are just a private prosecutor, under the direct control and supervision of the PUBLIC prosecutor. ergo, if the public prosecutor wants it downgraded, you are in no position to oppose in the RTC.

 

but go ahead with the appeal. kung maging favorable naman yan sayo, they can still amend the information again.