legal Free Legal Advice

[the_gentleman]

im curious about these raids happening by imbestigador.. protected ba ung mga establishments na pinupuntahan natin especially sa mga SPA's in the metro? sana meron MTC contacts parang early warning device para sa mga kapwa MTC members kung rairaidan ung lugar. just my 2 cents.

 

naghahanap ako ng thread regarding about raids, eh eto lang pinaka nakita kong malapit na topic about legal issues.

 

pano pag nahuli? meh basis ba paghuli if not actually caught in the act?

[the_gentleman]

Hi, the other day my car's rear fender and bumper were damaged when a delivery truck changed lane on the highway. I know I won't be able to get any money from the driver so I have to go after the company. What is the best way I can do this? The damage is only P5k but I still want the company to pay. Thanks.

 

this happend to me with the San Miguel Truck that hit my side mirror. do you have insurance? were you able to file a police report? usually the insurances will cover the cost. papatong ka nalang ng extra extra para mabawi mo rin ung ginastos mo para sa participation mo. what i do is get an estimate to get a new bumper sa mismong manufacturer ng sasakyan tapos kuha estimate tapos pagnabayaran na, paparepair ko nalang ung bumper kung nde naman ganon ka damaged.

[revengeance]

mga sir baka po puwede niyo akong bigyan ng advice kung ano ang puwedeng solution:

 

may computer shop kami dito sa province sa harap ng isang university, eventually

sa kabilang puwesto may nag-start ng karinderya with "videoke".

ang problema sobrang lakas ng patugtog nila, affected kami.

 

*sabi sa barangay, kelangan ng "permit" para makapag-operate ng videoke?

*at bawal yata ang "videoke" machines sa malapit sa school?

tama ho ba ang mga ito, o depende sa ordinansa ng bawat bayan o barangay?

 

nag-report na kami sa baranggay, at sabi wala daw permit itong katabi namin.

pinag-sabihan na sila ng brgy. chairman, pero ganun pa din sila sa pag-patugtog.

meron po ba kaming puwedeng hakbang na gawin? sana matulungan nyo ako, maraming salamat po.

[redblack]

mga sir baka po puwede niyo akong bigyan ng advice kung ano ang puwedeng solution:

 

may computer shop kami dito sa province sa harap ng isang university, eventually

sa kabilang puwesto may nag-start ng karinderya with "videoke".

ang problema sobrang lakas ng patugtog nila, affected kami.

 

*sabi sa barangay, kelangan ng "permit" para makapag-operate ng videoke?

*at bawal yata ang "videoke" machines sa malapit sa school?

tama ho ba ang mga ito, o depende sa ordinansa ng bawat bayan o barangay?

 

nag-report na kami sa baranggay, at sabi wala daw permit itong katabi namin.

pinag-sabihan na sila ng brgy. chairman, pero ganun pa din sila sa pag-patugtog.

meron po ba kaming puwedeng hakbang na gawin? sana matulungan nyo ako, maraming salamat po.

 

You have the same problem as Pacey. Although yong sa kanya, its about pigs; sa yo mga taong parang baboy kung umasal.

 

Anyway, I suggest you go and consult with the permits and licensing office of the city or municipality where you are located. If they don't have a business permit, you can get their assistance and they can easily shut the place down.

 

I cannot give you a direct answer as to whether or not videoke's are allowed near a school or not because I believe that such a prohibition is covered by local laws, meaning if there is an ordinance applicable than it would be easier for you.

 

If ever the city or municipality is slow to act, maybe you can get the help of the community. Start with the administration of the University and down to the students.

 

You can also file a complaint with the Lupon in the Barangay so you can undertake Barangay Conciliation. If that doesn't resolve it, you may seek to get an injunction from the Courts. But that will take time and money.

[revengeance]

You have the same problem as Pacey. Although yong sa kanya, its about pigs; sa yo mga taong parang baboy kung umasal.

 

Anyway, I suggest you go and consult with the permits and licensing office of the city or municipality where you are located. If they don't have a business permit, you can get their assistance and they can easily shut the place down.

 

I cannot give you a direct answer as to whether or not videoke's are allowed near a school or not because I believe that such a prohibition is covered by local laws, meaning if there is an ordinance applicable than it would be easier for you.

 

If ever the city or municipality is slow to act, maybe you can get the help of the community. Start with the administration of the University and down to the students.

 

You can also file a complaint with the Lupon in the Barangay so you can undertake Barangay Conciliation. If that doesn't resolve it, you may seek to get an injunction from the Courts. But that will take time and money.

 

salamat sa reply mo sir, nagiging seryoso na po ang lagay dito, yung mga parokyano ng karinderya na mga tricycle driver masama na ang turing sa amin, malakas na nga ang patugtog nila palagi pang nagpaparinig at nang-iinsulto. siguro sinabi nung owner na gusto namin ipasara yung business nila, though ang gusto lang naman namin is hinaan yung videoke nila. sir yun po bang pag-paparinig o pang-iinsulto although indirect, is it a form of harassment? alam namin kami yung tinutukoy nila e, araw-araw na lang ganun. langya talaga o, kahit mahina ang kita namin ok lang sana kung walang mga taong baboy ang ugali sa paligid.

[Arneeious]

this happend to me with the San Miguel Truck that hit my side mirror. do you have insurance? were you able to file a police report? usually the insurances will cover the cost. papatong ka nalang ng extra extra para mabawi mo rin ung ginastos mo para sa participation mo. what i do is get an estimate to get a new bumper sa mismong manufacturer ng sasakyan tapos kuha estimate tapos pagnabayaran na, paparepair ko nalang ung bumper kung nde naman ganon ka damaged.

 

Unfortunately, we dont have insurance since our car is 10 years old already. I'm going to pick up the police report this week. Somebody told me that I can file a civil case under the small claims law that's supposed to be very quick and not much of a hassle. Btw, did the traffic police confiscate your license also or just the other driver? In my case both our licenses were confiscated since the other driver was claiming it was our fault because we cut in front of him.

[jazon7099]

kay pacey...

punta k na lng sa imbistigador para macompel mga proper officials na mag action

[SamanthaJones]

Good morning to all of you.

 

Question:

 

If the contract that we signed originally was as Technical Support, is it legal if we're forced to transfer to Customer Care? Assuming that salary is still the same. Technical support and Customer care have different skill set/ salary in the call center market.

 

If we refuse should that be just cause to terminate our employment? Is there anything that we can do?

[redblack]

Good morning to all of you.

 

Question:

 

If the contract that we signed originally was as Technical Support, is it legal if we're forced to transfer to Customer Care? Assuming that salary is still the same. Technical support and Customer care have different skill set/ salary in the call center market.

 

If we refuse should that be just cause to terminate our employment? Is there anything that we can do?

 

As a general rule, employers have the right to transfer an employee from one work to another and a refusal by the employee to undertake such transfer would give rise to a valid cause to terminate employment. Nevertheless, if dismissal does take place and an NLRC case is brought against the employer, the employer must justify the dismissal in the said case, failure of which would make them liable for illegal dismissal. The test to determine if a transfer is valid hinges on whether the employer is able to meet its burden of proving that the transfer was not unreasonable, inconvenient or prejudicial to the employee and that it did not involve demotion in rank or diminution of salary, privileges or other benefits.

 

Looking at your situation and based on the limited information you had provided, I am of the opinion that you cannot refuse the transfer. It seems valid, considering that there was no reduction in salary and even if the exact skill sets are different, both require the employee to have customer interaction, bringing to the table only a difference in know how. You may be hard-pressed to explain to a Labor Arbiter (who is a lawyer) the material differences between a tech support personnel and a customer care agent when all he or she sees is a call center agent who, as far as he is concerned does the same thing.

 

The position of the employer may further be strengthened if they can prove that there is now a limitation in tech support needs (such as when they are losing clients for that specific service, or they are rolling together tech support and customer care into one agent). This is in furtherance of management prerogative and an incident of the business of which the employee cannot go against.

 

What I suggest you do is talk to your manager, and air your grievance about the transfer. Tell him or her that you believe that your skills are better suited for tech support rather than customer care. But if nothing happens and still you remain unsatisfied by the present position and work, you may have to contemplate moving to another company.

[cHinitababe86]

to our dear lawyers,

 

i have a question regarding sa hatian ng inheritance (money value) na nakuha ng lola ko (deceased)

but is shared by my lolo and 4 children (including my dad)

ang situation is like this, since malapit na makuha ung part ng lola ko,

hahatiin sa 5 ung makukuhang pera (4 children including my dad and my lolo), pero recently,

sept2010 namatay ang dad ko, question: do we still get his part? kasi ang problema,

narinig ng lola ko sa mother side one night na burol ng dad ko that they (3 other sibblings of my dad) are all talking about

whether dapat padaw ibigay ang part ng dad ko samen, my lolo is suffering from stroke and parang ung isang tita ko was planning

not to give it anymore. incase na hindi nila binigay, can we file a case about it? or anung

pwede namin magawa incase may rights naman kame at hindi nila un ibigay dahil patay na ang father ko?

thanks

Edited November 28, 2010 by cHinitababe86

[SamanthaJones]

As a general rule, employers have the right to transfer an employee from one work to another and a refusal by the employee to undertake such transfer would give rise to a valid cause to terminate employment. Nevertheless, if dismissal does take place and an NLRC case is brought against the employer, the employer must justify the dismissal in the said case, failure of which would make them liable for illegal dismissal. The test to determine if a transfer is valid hinges on whether the employer is able to meet its burden of proving that the transfer was not unreasonable, inconvenient or prejudicial to the employee and that it did not involve demotion in rank or diminution of salary, privileges or other benefits.

 

Looking at your situation and based on the limited information you had provided, I am of the opinion that you cannot refuse the transfer. It seems valid, considering that there was no reduction in salary and even if the exact skill sets are different, both require the employee to have customer interaction, bringing to the table only a difference in know how. You may be hard-pressed to explain to a Labor Arbiter (who is a lawyer) the material differences between a tech support personnel and a customer care agent when all he or she sees is a call center agent who, as far as he is concerned does the same thing.

 

The position of the employer may further be strengthened if they can prove that there is now a limitation in tech support needs (such as when they are losing clients for that specific service, or they are rolling together tech support and customer care into one agent). This is in furtherance of management prerogative and an incident of the business of which the employee cannot go against.

 

What I suggest you do is talk to your manager, and air your grievance about the transfer. Tell him or her that you believe that your skills are better suited for tech support rather than customer care. But if nothing happens and still you remain unsatisfied by the present position and work, you may have to contemplate moving to another company.

 

I am not sure what other information that you need but though the job is the same in nature, that is, both are taking in calls - those two jobs have different pay structure and skill sets. Newly hired technical support agents at Dell or at any call center have a higher base pay compared to Customer Care agents since one is required to have a technical background first, for customer care nothing is required except of course that you have to be proficient in the English language.

 

Now, we, tech agents. are now being transferred to cust care and they are asking us to sign a contract that will change our job designation from Senior Technical Support Analyst to Customer Care Senior Analyst. Though there will be no adjustment, we feel that is a demotion from our current standing since we literally will have to forget about our technical know how. It's like from the IT department we are being transferred as mere receptionist. Is there anything that we can do to stop the transfer?

Edited November 29, 2010 by SamanthaJones

[redblack]

I am not sure what other information that you need but though the job is the same in nature, that is, both are taking in calls - those two jobs have different pay structure and skill sets. Newly hired technical support agents at Dell or at any call center have a higher base pay compared to Customer Care agents since one is required to have a technical background first, for customer care nothing is required except of course that you have to be proficient in the English language.

 

Now, we, tech agents. are now being transferred to cust care and they are asking us to sign a contract that will change our job designation from Senior Technical Support Analyst to Customer Care Senior Analyst. Though there will be no adjustment, we feel that is a demotion from our current standing since we literally will have to forget about our technical know how. It's like from the IT department we are being transferred as mere receptionist. Is there anything that we can do to stop the transfer?

 

The question is: "Why is your company doing the transfer?"

 

Is everybody in tech support being transferred to customer care? Did they single you out or there is a whole group or department affected? Do they need to fire people if they do not transfer? Enter into a dialogue with the concerned supervisor. Try to amicably settle this matter. It may appear that this is a demotion but then again the non-diminution of salaries and the lack of change in rank (from supervisor or team leader or senior staff to entry level) does not support your conclusion.

 

Based on present jurisprudence its a toss up, fifty-fifty if you refuse the transfer and you get dismissed. There are some jurisprudence that supports your position, while some other jurisprudence argue against you. There is NO case that exactly fits your situation.

[redblack]

to our dear lawyers,

 

i have a question regarding sa hatian ng inheritance (money value) na nakuha ng lola ko (deceased)

but is shared by my lolo and 4 children (including my dad)

ang situation is like this, since malapit na makuha ung part ng lola ko,

hahatiin sa 5 ung makukuhang pera (4 children including my dad and my lolo), pero recently,

sept2010 namatay ang dad ko, question: do we still get his part? kasi ang problema,

narinig ng lola ko sa mother side one night na burol ng dad ko that they (3 other sibblings of my dad) are all talking about

whether dapat padaw ibigay ang part ng dad ko samen, my lolo is suffering from stroke and parang ung isang tita ko was planning

not to give it anymore. incase na hindi nila binigay, can we file a case about it? or anung

pwede namin magawa incase may rights naman kame at hindi nila un ibigay dahil patay na ang father ko?

thanks

 

Yes, you can get still get your part of the inheritance. It's called "rights or representation" where the compulsory heir's own heir takes his place in the line of succession where the compulsory heir had already passed away.

[SamanthaJones]

<br />The question is: "Why is your company doing the transfer?" <br /><br />Is everybody in tech support being transferred to customer care?  Did they single you out or there is a whole group or department affected?  Do they need to fire people if they do not transfer?  Enter into a dialogue with the concerned supervisor.  Try to amicably settle this matter. It may appear that this is a demotion but then again the non-diminution of salaries and the lack of change in rank (from supervisor or team leader or senior staff to entry level) does not support your conclusion.<br /><br />Based on present jurisprudence its a toss up, fifty-fifty if you refuse the transfer and you get dismissed.  There are some jurisprudence that supports your position, while some other jurisprudence argue against you.  There is NO case that exactly fits your situation.<br />

<br /><br /><br />

 

Hi thanks for answering. Not everybody in tech support is being transferred, only a selected few. We are a few agents who are trained for both skills but have retained the technical support post. Now there are a few of us who have been picked by management since apparently our metrics (customer satisfaction survey)score higher in the customer care support and they need those heads to fill up the need for that queue and to help improve this customer satisfaction scores. But based from your answer, i guess we don't have any choice. I just think that it's unfair. Like what i said your like putting your best IT person to a receptionist post.

[HardOn]

Mga Kaibigang Abogado dit sa MTC,

 

May tanong lang ako. Ano ang ibig sabihin ng Motion to Declare Defendants in Defauld and to Allow Plaintiff to Present Evidence Ex Parte.

 

At ano ang susunod sa process after nito?

 

Thanks