legal Free Legal Advice

[Viola]

Question... can an employer include a provision in their contract that if the employee becomes pregnant or if they get diagnosed with a critical disease (diabetes, cancer, etc) then that employee can be terminated? Is that even legal?

[Google]

Question... can an employer include a provision in their contract that if the employee becomes pregnant or if they get diagnosed with a critical disease (diabetes, cancer, etc) then that employee can be terminated? Is that even legal?

it can't.

its discrimination.

[jopok]

para sa mga labor law ang expertise..

 

*I wil be considered as regular employee of the new company on day 1

meaning ba nito,di ako talga regular agad..for consideration ako for regularixation

* I will enjoy job security under new company.

makapagpapatunay ba ito na regular nga ako?

 

 

need ko sana ng lawyer na labor cases ang forte,taga laguna sana

[jhuleuse]

I file a resignation last june 9 and the last day will be this June 15, to be exact I reached ten years (in this company) I don't have a contract. Now, I want to know if there is a chance that they will give me separation pay, or do I have the right to ask for that, they promised that if an employee reached at least 10 years they will provide some cash assistance and I'm hoping that they will grant that. Any idea on this matter. Thank you very much.

[rocco69]

I file a resignation last june 9 and the last day will be this June 15, to be exact I reached ten years (in this company) I don't have a contract. Now, I want to know if there is a chance that they will give me separation pay, or do I have the right to ask for that, they promised that if an employee reached at least 10 years they will provide some cash assistance and I'm hoping that they will grant that. Any idea on this matter. Thank you very much.

1. do I have the right to ask for that [separation pay]?

 

GENERAL RULE: Kapag nagresign ka, wala kang matatanggap na separation pay. Ang separation pay, binibigay kapag ikaw ay tinanggal ng kumpanya, hindi sa sitwasyon na IKAW ANG UMALIS sa kumpanya. Ngunit, subalit, datapwat...

 

2. I want to know if there is a chance that they will give me separation pay?

 

Dahil ito ay general rule, ibig sabihin may exception. Ang exception: kung naging kalakaran na sa kumpanya na magbigay ng separation pay sa empleyado, kahit nagresign pa ito.

 

Sabi mo, nangako ang kumpanya na magbibigay sa empleyado na naka-10 years na. Itong pangako na ito ba ay nag-aaplay din sa empleyado na nagresign? Kung oo, maswerte ka. Kung hindi, talo ka.

 

Pangalawa, magkano ba ang ibibigay na "cash assistance"? May halaga ba sila na nasabi. Kung simpleng "cash assistance" lang at wala namang fixed na halaga, kahit piso ibigay sa iyo, cash assistance na, di ka rin makakareklamo.

 

Pangatlo, ano ang ebidensya mo na may ganyang pangako? Kung verbal lang, wag ka na umasang may makukuha ka kung biglang i-deny yan ng kumpanya.

 

At the end of the day, ikaw ay umaasa na lamang sa good will ng kumpanya. Kung wala kang matibay na ebidensyang pinanghahawakan sa mga sinasabi mong pangako ng kumpanya, mas malamang sa hindi, naghihintay ka sa wala.

[jopok]

para sa mga labor law ang expertise..

 

*I wil be considered as regular employee of the new company on day 1

meaning ba nito,di ako talga regular agad..for consideration ako for regularixation

* I will enjoy job security under new company.

makapagpapatunay ba ito na regular nga ako?

 

 

need ko sana ng lawyer na labor cases ang forte,taga laguna sana

Any help or explanation pls

[Google]

para sa mga labor law ang expertise..

 

*I wil be considered as regular employee of the new company on day 1

meaning ba nito,di ako talga regular agad..for consideration ako for regularixation

* I will enjoy job security under new company.

makapagpapatunay ba ito na regular nga ako?

 

 

need ko sana ng lawyer na labor cases ang forte,taga laguna sana

 

there are certain positions in a company that you can be considered as a regular employee on day1. most of the time they are of managerial and executive employees.

 

it would depend on the company policy. and yes, you can enjoy job security and benefits for a regular employee... basta itago mo yung appointment papers mo.

[cbotc]

I found out that the old car I plan to sell is still registered in the name of my mother who is now deceased. How can I sell the car now, since in the deed of sale my mother's signature is needed?

 

Thanks in advance.

[rocco69]

I found out that the old car I plan to sell is still registered in the name of my mother who is now deceased. How can I sell the car now, since in the deed of sale my mother's signature is needed?

 

Thanks in advance.

you need an extrajudicial settlement wherein all the heirs of your mother agree that the car is part of your share in the inheritance (for convenience and closure, include ALL the properties registered in your mother's name in the settlement, e.g. all land titles, all shares of stock, all vehicles). If you are the only heir, you execute an affidavit of self-adjudication wherein you claim all the properties of your late mother, including the car, as your inheritance.

 

After you have this document, you can now sell the car, on the claim that you are now the owner of the car. In short, you execute the deed of sale over the car, and then together with the deed of sale, you give the buyer a copy of the extrajudicial settlement.

 

P.S. Kung ako ang buyer, i-rerequire muna kitang ipalipat ang CR ng sasakyan sa pangalan mo bago ko bilhin, para walang hassle. pero, if a buyer is willing to accept the OR and CR of the car still in your mother's name, together with the extrajudicial settlement, AYOS.

Edited June 18, 2015 by rocco69

[cbotc]

you need an extrajudicial settlement wherein all the heirs of your mother agree that the car is part of your share in the inheritance (for convenience and closure, include ALL the properties registered in your mother's name in the settlement, e.g. all land titles, all shares of stock, all vehicles). If you are the only heir, you execute an affidavit of self-adjudication wherein you claim all the properties of your late mother, including the car, as your inheritance.

 

After you have this document, you can now sell the car, on the claim that you are now the owner of the car. In short, you execute the deed of sale over the car, and then together with the deed of sale, you give the buyer a copy of the extrajudicial settlement.

 

P.S. Kung ako ang buyer, i-rerequire muna kitang ipalipat ang CR ng sasakyan sa pangalan mo bago ko bilhin, para walang hassle. pero, if a buyer is willing to accept the OR and CR of the car still in your mother's name, together with the extrajudicial settlement, AYOS.

 

Thanks for the advice.

 

May complicating issue lang - I will sell the car on installment terms to a relative, so instead of an absolute deed of sale, we do a conditional deed of sale after making the extra judicial settlement, correct po ba? But while the buyer is still paying on installment, the ownership of the car should be under my name? The car will be fully paid in three years kasi, the transfer of ownership and CR to the buyer will be done after full payment.

 

Again thanks po in advance.

[wildswans]

nope.... but they can put you on floating status until the investigation or decision has been made, but it does not give the employer a reason or a right to hold the employee's salary or benefits.

 

but normally, based on experience, DOLE is more sympathetic with the employee compared with the employer.

Sir, I went to NLRC to file the complaint and they scheduled me on July 3 for the arbitration. Coincidentally, after a few days after I filed the complaint, the Operations Manager added me thru Skype. But he just greeted me and didn't brought up anything so I didn't asked him about my complaint because I was really waiting for the arbitration date since I lose trust in them already. Today, he asked me if I have pending/outstanding dispute so I told him yes and I also told him to check with his staff because I have been passed around for more than 2 months already so I decided to handle it by myself. He said he's going to check it with his staff and will get back at me. I strongly feel that NLRC has called them up already and maybe he didn't mention it to me anymore because of pride or strategy. So I have two questions (since he didn't bring up the NLRC complain):

 

1. What if they give me my money back before July 3 - do I call NLRC to inform them about the developments?

 

2. What will happen to the July 3 appointment if he will promise (again) that I would received the money together with my June 30th cut-off pay but I will only know if I received the money 5-10 days AFTER the cut-off? What's the best thing to do?

 

Thanks

[rocco69]

1. What if they give me my money back before July 3 - do I call NLRC to inform them about the developments?

 

Kung happy ka na sa pagtanggap ng pera (in other words, wala ka ng grievance), you can opt not to inform the NLRC, or attend hearings there. The NLRC will just dismiss your case for "lack of interest" of the complainant to continue with the case.

 

I wouldn't bet on this happening though. If I were the employer and an employee has filed a complaint with the NLRC, I would pay only if the employee agrees to have the case dismissed, hence I would pay only after we enter into such an agreement before the NLRC (to show the NLRC that the dismissal is voluntary on your part).

 

 

2. What will happen to the July 3 appointment if he will promise (again) that I would received the money together with my June 30th cut-off pay but I will only know if I received the money 5-10 days AFTER the cut-off? What's the best thing to do?

 

Agree to this during the July 3 hearing, before the NLRC arbiter. Then, you insist that they pay you your money before the NLRC. In other words, if he promises to pay, make his promise official by making him say the promise during the hearing. Then when he gives a date during the hearing when he will pay, ask the NLRC to schedule another hearing on the day he is supposed to pay, and then agree that payment will be made during that 2nd hearing in front of the Arbiter. It is only after the payment that you agree to the dismissal of the case. Sa madaling salita, kung mangangako sila na magbabayad pero after cut-off, kung OK lang sa yo yun, sabihin mo na sabihin nila yung pangako nilang yun sa NLRC dun sa hearing. Tapos sabihin mo rin sa Arbiter sa hearing na mag-schedule sila ng isa pang hearing para sa bayaran dahil nga ang gusto mo magkabayaran kayo sa harap ng Arbiter. Sabihin mo rin na pumapayag ka ipa-dismiss yung kaso kapag nabayaran ka on the 2nd hearing, Siguraduhin mo na nakasulat sa minutes before you sign the same.

 

Sir, I went to NLRC to file the complaint and they scheduled me on July 3 for the arbitration. Coincidentally, after a few days after I filed the complaint, the Operations Manager added me thru Skype. But he just greeted me and didn't brought up anything so I didn't asked him about my complaint because I was really waiting for the arbitration date since I lose trust in them already. Today, he asked me if I have pending/outstanding dispute so I told him yes and I also told him to check with his staff because I have been passed around for more than 2 months already so I decided to handle it by myself. He said he's going to check it with his staff and will get back at me. I strongly feel that NLRC has called them up already and maybe he didn't mention it to me anymore because of pride or strategy. So I have two questions (since he didn't bring up the NLRC complain):

 

1. What if they give me my money back before July 3 - do I call NLRC to inform them about the developments?

 

2. What will happen to the July 3 appointment if he will promise (again) that I would received the money together with my June 30th cut-off pay but I will only know if I received the money 5-10 days AFTER the cut-off? What's the best thing to do?

 

Thanks

Edited June 22, 2015 by rocco69

[vkalbos]

May karapatan ba o legal bang i-hold ng kumpanya ang lastpay/back pay ng isang empleyado kung ito ay may pagkakautang sa banko?

 

Ang katwiran ng kumpanya meron daw silang arrangement with bank na kapag nag resigned/nawala ang isang empleyado at may naiwang utang o balanse pa sa salary loan in particular yun daw last pay/back pay ng empleyado ang ipambabayad nila.

 

Pede bang mangyari yun?

[Google]

May karapatan ba o legal bang i-hold ng kumpanya ang lastpay/back pay ng isang empleyado kung ito ay may pagkakautang sa banko?

 

Ang katwiran ng kumpanya meron daw silang arrangement with bank na kapag nag resigned/nawala ang isang empleyado at may naiwang utang o balanse pa sa salary loan in particular yun daw last pay/back pay ng empleyado ang ipambabayad nila.

 

Pede bang mangyari yun?

yes, they have to deduct the balance of the loan at the bank from the last pay. however, the holding period should not that be long.

[jbernedo10]

hello po.. itatanong ko lang po sana kung pwede po ba ma-amend ng seller yung contract to sell ng lupa kahit na po hindi payag ang buyer at pareho na po sila may pirma sa contract? Nagkamali po kasi ang seller ng computation ng total sqm na sukat ng lupa na binebenta sa buyer. Pati po kasi yung right of way namin sa isang side ng lote namin ay naisama. kasi po yung lupang pinili at nabili po namin ay corner lot along the main road at nakasaad po sa title ng lupa namin na merong road on the north-west and south-west ng lupa namin. kaya lang po ay sakim po sa lupa ang kapitbahay namin dahil po nakapangasawa ng amerikano at biglang naging milyonarya at binibili nya po ang lahat ng lote sa block 7 and block 8, at ang lote at bahay ko na lang po sa block 8 ang hindi nya nabili sa amin sapagkat di naman po namin pinagbibili. kaya yung lapad na 5 meters na road po sa pagitan ng block 7 & 8 ay pag-aari nya na raw po at kanya nang babakuran kahit wala pa naman po syang deed of absolute sale at meron pa lang na contract to sell. yung lapad na 6 meters sa main road na nasa tabi po ng bahay namin, dun lang daw po kami may right of way samantalang corner lot nga po ang pinili namin dahil gusto namin na may access kami sa road, space, air at natural light on both sides of our lot. yung karapatan lang po naman namin sa 2 roads ang nais namin. Nung nakausap ko po ang seller, ipapa-amend nya daw po yung contract to sell.ang pangamba ko po ay paano kung di pumayag ang buyer? anu po ang dapat kong gawin para maibalik yung karapatan ko sa isa pang kalsada, at sinu po ang dapat managot, sapagkat pinili po namin ay corner lot at corner lot po ang ibinenta sa amin tapos biglang hindi na po magiging corner lot ang lupa dahil pati po kalsada sa harap ng bahay namin ay nagkamaling ibenta?maraming salamat po in advance sa inyong tulong..God bless..