legal Free Legal Advice

[rocco69]

haaay!

 

alin ang mas mataas, resolution o batas?

kung alin ang mas mataas, yun ang mananaig.

 

mga attorneys ng MTC,ask ko lang po,sana masagot agad..ang isang resolution ba,,regarding special assesment and check off ng Federation at inadopt ng Union ay mananaig ba sa itinatakda ng batas ng paggawa? pwede bang ishort cut sa pamamagitan ng isang resolution na pinilit na ngayon ipasa, ang magiging check off,atty fee,special assesment sa susunod na CBA 3 tatlong buhat ngayon 2014-2015? sana matugunan po ninyo,

[chantal777]

As provided in the Labor Code,

 

ARTICLE 283. Closure of establishment and reduction of personnel. - The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

 

ARTICLE 284. Disease as ground for termination. – An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

 

Any of the situations enumerated above would allow you to collect separation pay. NOTE, that the employer must comply with the procedures provided in the first sentence of Art. 283, meaning the notice requirement on employees and the DOLE.

 

 

 

Thank you for this. Very helpful.

 

Just a few more follow-up questions: Given that the management has decided to restructure and has made my position redundant, if I quit, will I still be entitled to a separation pay? Or do I have to wait for them to come up with a formal announcement? If they offer me a new position, which I don't like (since its not part of the original agreement we had when I took on the position or will not give me career fulfillment), if I turn it down, will I still be entitled to a separation pay?

 

 

 

 

[jpatricks1]

Good day sirs, Have a few questions about the labor code.

 

I work in a call center and recently they enforced a new metric - adherence - meaning you have to follow your prescribed break schedules. Let's say your break is at 10-10:15am lunch at 2-3pm etc.

 

However you can't really predict when a call will come in or end. So if you're supposed to have your break at 10am but if you're in a call and the ends at 10:10 you only have 5 minutes of your break left. If you're not back by 10:15 you will be breaking the adherence policy and there will be a corresponding penalty.

 

Another policy they have is that by the time your shift starts. You should be ready to take calls. However some computers can be really slow and setting up the systems and tools necessary can take some time.

 

So for example your shift starts at 8am and you get to work 5 minutes before you shift. Because it takes some time for you to setup your pc you only start taking calls by 8:15. You will be tagged as tardy and your pay deducted accordingly.

 

Appreciate your insight sirs thanks!

[Arneeious]

Good day sirs, Have a few questions about the labor code.

 

I work in a call center and recently they enforced a new metric - adherence - meaning you have to follow your prescribed break schedules. Let's say your break is at 10-10:15am lunch at 2-3pm etc.

 

However you can't really predict when a call will come in or end. So if you're supposed to have your break at 10am but if you're in a call and the ends at 10:10 you only have 5 minutes of your break left. If you're not back by 10:15 you will be breaking the adherence policy and there will be a corresponding penalty.

 

Since performing your duty encroached into and reduced your break time, it's only reasonable that your break time be adjusted accordingly. A company's right to establish rules is not absolute. The rules must, among other things, be reasonable.

 

Another policy they have is that by the time your shift starts. You should be ready to take calls. However some computers can be really slow and setting up the systems and tools necessary can take some time.

 

So for example your shift starts at 8am and you get to work 5 minutes before you shift. Because it takes some time for you to setup your pc you only start taking calls by 8:15. You will be tagged as tardy and your pay deducted accordingly.

 

Appreciate your insight sirs thanks!

 

If the reason for the delay in getting ready to take calls is the company equipment then you shouldn't be tagged as delay. Of course, the company can always say that if it takes 15mins to get the computer ready then you should get to your station 15mins early.

[rocco69]

1. if I quit, will I still be entitled to a separation pay?

 

No. You RESIGNED. Resignation = no separation pay. Ergo, wait until they terminate you. Termination for authorized cause = separation pay (except for closure due to business losses)

 

 

2. If they offer me a new position, which I turn down, will I still be entitled to a separation pay?

 

Re-assignment of an employee to a new position (if there is no reduction in pay and other benefits) is a management prerogative. Refusal to comply would be insubordination, which justifies the termination of an employee. Insubordination = just grounds for removal = no separation pay.

 

Thank you for this. Very helpful.

 

Just a few more follow-up questions: Given that the management has decided to restructure and has made my position redundant, if I quit, will I still be entitled to a separation pay? Or do I have to wait for them to come up with a formal announcement? If they offer me a new position, which I don't like (since its not part of the original agreement we had when I took on the position or will not give me career fulfillment), if I turn it down, will I still be entitled to a separation pay?

[deejaybaby69]

is it right to cancel our vacation leave, in which we already plotted the said leaves 3 mos on advance?

[rocco69]

cancel? as in, no more vacation? or is it just postponement to another time?

 

if cancellation of vacation leave (as in, starting today, employees will no longer be entitled to vacation leave), the same would be illegal and contrary to law, as Art. 100 of the Labor Code prohibits the elimination or diminution of benefits already being enjoyed by employees.

 

if, on the other hand, management is requiring you to work on the days that you had already planned for your vacation (but is saying that you can take a vacation on some other date), it depends on the reason why. Cancellation would be allowed for emergencies and exceptional conditions at work, which require your presence (e.g. you are being made to work to prevent serious loss of perishable goods; in case of urgent work to be performed on machineries to avoid serious loss to the employer; etc). Of course, you would have to be paid extra for working on these days (additional 30% of regular wages, plus reimbursement for other damages that you suffer, e.g. forfeited tickets.

 

However, if there is no valid reason for cancellation of your vacation leave, the cancellation would be illegal.

 

 

 

 

is it right to cancel our vacation leave, in which we already plotted the said leaves 3 mos on advance?

[deejaybaby69]

its cancellation po and i can re-file it some other time, well the reason why i filed this leave its because of my parental duty to my youngest daughter's enrollment, and they notified me just today, and my supposedly vl would be tomorrow...di ba sobra inconsiderate nila?

 

 

cancel? as in, no more vacation? or is it just postponement to another time?

 

if cancellation of vacation leave (as in, starting today, employees will no longer be entitled to vacation leave), the same would be illegal and contrary to law, as Art. 100 of the Labor Code prohibits the elimination or diminution of benefits already being enjoyed by employees.

 

if, on the other hand, management is requiring you to work on the days that you had already planned for your vacation (but is saying that you can take a vacation on some other date), it depends on the reason why. Cancellation would be allowed for emergencies and exceptional conditions at work, which require your presence (e.g. you are being made to work to prevent serious loss of perishable goods; in case of urgent work to be performed on machineries to avoid serious loss to the employer; etc). Of course, you would have to be paid extra for working on these days (additional 30% of regular wages, plus reimbursement for other damages that you suffer, e.g. forfeited tickets.

 

However, if there is no valid reason for cancellation of your vacation leave, the cancellation would be illegal.

[chantal777]

1. if I quit, will I still be entitled to a separation pay?

 

No. You RESIGNED. Resignation = no separation pay. Ergo, wait until they terminate you. Termination for authorized cause = separation pay (except for closure due to business losses)

 

 

2. If they offer me a new position, which I turn down, will I still be entitled to a separation pay?

 

Re-assignment of an employee to a new position (if there is no reduction in pay and other benefits) is a management prerogative. Refusal to comply would be insubordination, which justifies the termination of an employee. Insubordination = just grounds for removal = no separation pay.

 

 

 

Thanks for the tip!

[saracrew]

I just came from a maternity leave. I went back to work on June 18, 2011. We are being paid semi-monthly, with a cut-off period of 9th-23rd and 24th-8th of each month. So this 30th of June, my salary is covering the cut-off of 9th-23rd of the month. My salary was computed as five days of work (18-22, 23rd being rest day) and nine days of absence. (9-17) We get paid P9, 000 semi-monthly. So my net pay for the 30th was just more than P1, 500.00. Our finance manager was insisting that their computation was correct because I was "absent" during the days I was on my ML. They said that SSS all ready paid me on those days, so they have to deduct those days against my salary. I need help on what to do. Was that even legal? Thanks!

[HardOn]

Sir Rocco,

 

Ako po ay may katanungan sa inyo subalit ito ay naka-PM. Sana po ay mabigyan ninyo ng pansin.

 

Salamat ng marami

[HardOn]

Sir Rocco,

 

 

Maraming salamat sa iyong sagot. Nagpadala uli ako ng PM sa iyo. Sana ay mabasa mong muli

[jopoc]

saang website po ba malalaman yun?

 

 

sorry for the very late reply

 

 

here it is

[HardOn]

Good day!

 

Sir Rocco,

 

Follow up ko lang po yun PM ko. Nagbura na rin ako ng mga messages sa inbox. napansin ko kasi na full na. baka kako nagreply ka na ngunit hindi pumasok. Salamat

[matrim777]

I would like to seek your advice, sirs. Here's my story:

 

In 2004, I had my wife and I were having problems with our marriage. It came to a point that it was unbearable for both of us. I got depressed, lost my job and moved away from my wife. She then proceeded to file an annulment case which was approved in 2008. I just received confirmation of this and secured Certified True Copies of the annulment documents from the City's Civil Registry office where the annulment was filed. So today, I am officially single. According to the legal documents, my ex-wife has been granted custody of our children and I am ordered by the court to support my children financially, which I am very willing to do.

 

But my question is not about annulment. You see, back in 2004, I had two credit cards which I was not able to pay off due to the fact that I lost my job. I haven't been able to secure a stable job through the years, only sideline jobs which paid paltry sums that are oftentimes not enough to meet my own needs. I cannot prioritize paying off my credit card debts since I need to secure a decent job first. I am now looking for a job and trying to get my pre-employment credentials. Recently, I went to a certain mall to secure my NBI clearance. Not surprisingly, since it's been 7 years, their machine cannot read the barcode of my old NBI clearance. I was told that I need to go to the head office to secure a new NBI Clearance.

 

I am hesitant, though, because I am afraid of being arrested in case the credit card companies have filed a case against me using RA 8484. All the credit card demand letters were sent to my old residence in 2004, which were returned to sender by the new tenants.

 

So now, I'm stuck. I really want to start working again and support my children. I do not know what to do. I hope someone here could enlighten me about the steps I should take so I can start working again to support my children. Can you please, dear sirs, give me your advice?

 

Respectfully yours...