legal Free Legal Advice

[jopok]

if the management accuses you of sleeping on the job..(which you contest)..you are given 3 days suspension as penalty..but you argued the case..and hinted that you may fight it till the it goes to DOLE..the result is that up to now,they did not try to implement the suspension..a month or so has already since the incident,does these mean that you are absolved of the alleged offense..is there a prescriptive period for a penalty to be imposed?

 

a supervisor is using his position to deny O.T. to an employee because they have a misunderstanding,the said supervisor also takes time in approving the allowed/paid employees leave,though the said leave is already availed,,approval is needed for payment of said leave,that two cut off have already went by..(company has no union)...

any advice pls...

[Google]

if the management accuses you of sleeping on the job..(which you contest)..you are given 3 days suspension as penalty..but you argued the case..and hinted that you may fight it till the it goes to DOLE..the result is that up to now,they did not try to implement the suspension..a month or so has already since the incident,does these mean that you are absolved of the alleged offense..is there a prescriptive period for a penalty to be imposed?

 

a supervisor is using his position to deny O.T. to an employee because they have a misunderstanding,the said supervisor also takes time in approving the allowed/paid employees leave,though the said leave is already availed,,approval is needed for payment of said leave,that two cut off have already went by..(company has no union)...

any advice pls...

 

 

 

the serving of the suspension can be deferred, depending on the workload of the individual or the department. this was discussed and agreed upon by HR and your supervisor. no, it does not mean that you are absolved already. did HR sent you or informed you via a formal document?

 

the supervisor's withholding of the approval of leave is on the illegal side since it was already availed of. mukhang naghahari harian yung supervisor na yun dyan ah.

my advice? report to HR or talk to the supervisor's superior (the manager).

[eugenestoner]

Hi MTC Legal experts,

 

I would like to know if I there is a possibility of a credit/background check from my employers since I have a bad credit history with a credit card company. If it is, is there a possibility of being fired if there is a bad credit history? Thank you.

[Google]

Hi MTC Legal experts,

 

I would like to know if I there is a possibility of a credit/background check from my employers since I have a bad credit history with a credit card company. If it is, is there a possibility of being fired if there is a bad credit history? Thank you.

 

If you are applying in a bank, i know it is a pre-requisite.

On you being fired just because of that reason, it depends. But generally speaking, hindi pwede. Job firing depends on several factors like performance issues, behavioral issues, etc.

[wildswans]

Good day Sirs! I have a question regarding our local labor law. Last year, when I filed a complaint against a company in NLRC the officer who's in charge of arbitration told me "ito ang appointment date mo. Kapag hindi sila sumipot kakasuhan natin sila". Does that mean that DOLE will file a case against the company on my behalf or does it mean that they will act as my lawyer? Do I have to spend on a lawyer in this kind of situation? I just want to have some information regarding the process to serve as a reference. Thank you for any info.

[rocco69]

Good day Sirs! I have a question regarding our local labor law. Last year, when I filed a complaint against a company in NLRC the officer who's in charge of arbitration told me "ito ang appointment date mo. Kapag hindi sila sumipot kakasuhan natin sila". Does that mean that DOLE will file a case against the company on my behalf or does it mean that they will act as my lawyer? Do I have to spend on a lawyer in this kind of situation? I just want to have some information regarding the process to serve as a reference. Thank you for any info.

it means ire-refer na sa arbiter yung case. in other words, tatapusin na yung arbitration (dahil hindi sila sumisipot, hindi kayo maipagkakasundo... so, wala nang saysay na mag-arbitration), at ililipat na yung case sa Labor Arbiter. Ikaw pa rin ang magfa-file ng case against the company, at kailangan mo pa rin kumuha ng sarili mong abugado pag di pa rin kayo nagka-ayos sa Labor Arbiter level (may conciliation pa rin kasi sa Labor Arbiter).

[badboy27]

got any experience how long does annulment here in ph?

[Google]

got any experience how long does annulment here in ph?

depends..... i've seen something done in 6 months. longest i've seen is 3 years.

depende siguro sa judge.

[Lexiiiii]

My father passed away recently and Im the one to file for SSS claims. Found out na mali ang isang letter sa middle initial ni papa sa record ng SSS.

 

I was advised to get an affidavit pero need ng 2 witness na di related saakin na ka-age daw ng tatay ko.

 

Tough part for me is 67 na si Papa when he died and I dont know anyone na malapit sa age nya. Papa was almost 40 when I was born so most of the people I know are way younger than him or around my age.

 

Hindi naman mali ang birth cert nya and other records. SSS ang nagkamali. Typo perhaps, in the past. Why do I have to undergo such trouble?

[JoshuaJacob]

My father passed away recently and Im the one to file for SSS claims. Found out na mali ang isang letter sa middle initial ni papa sa record ng SSS.

 

I was advised to get an affidavit pero need ng 2 witness na di related saakin na ka-age daw ng tatay ko.

 

Tough part for me is 67 na si Papa when he died and I dont know anyone na malapit sa age nya. Papa was almost 40 when I was born so most of the people I know are way younger than him or around my age.

 

Hindi naman mali ang birth cert nya and other records. SSS ang nagkamali. Typo perhaps, in the past. Why do I have to undergo such trouble?

 

Before anything else, at SSS Main office in QC, seek the Legal Assistance help to get the REAL requirements. Do not entrust the requirements to any help desk counter. This must be a lawyer of SSS. Get the checklists & get the full name of the lawyer.

 

The affidavit being requested by SSS is called: affidavit of two disinterested parties that is notarized

 

There is a free template on the internet for this type of affidavit. But its important you need to get a photocopies (3 copies) of their government issued ID (like SSS, TIN, Philhealth, Drivers License that contains photos) and have this photocopies be signed 3x.

 

This is not necessarily to be the same age of your dad, 67 yrs old upon death. But should be persons known around your neighborhood at least above 50 years old.

 

Lastly, any additional documents that will be asked later on is just a delaying tactics of SSS (similar to GSIS) because like any other government agencies, they will delay as much as they can to release the pension.

[wildswans]

Good day, Sir. I have some questions regarding my cousin. 4 days ago, my cousin had a confrontation with one of their neighbors at around 7am due to prior misunderstandings. The confrontation turned into a fist fight and my cousin fell on the ground. Instead of stopping, the guy hit my cousins head several times on the pavement before asking the security guard of their compound to accompany my cousin to his house. Unfortunately, nobody's home at that time - he was alone. When his brother came home around 5 - 6pm, he was wondering why all the lights were off. So he peek inside the bedroom and saw a figure on the bed and he thought his brother is just sleeping. He didn't turn on the bedroom light anymore. After that, the security guard approached the brother to tell him about the confrontation. He immediately called his mother about it. When they turned on the lights, they saw my cousin all bloodied with some gaping wounds on his head but was still breathing. They immediately called an ambulance but my cousin died around 4am.

 

The guard told my aunt that some guy beat him up but later on retracted his story and he just said that he heard from someone that my cousin was beaten up by some guy.

 

The body had been autopsied but the result are being withheld by the police until their demand of P150K is paid. This amount supposedly covered 100K for their "service fee" and the remaining will be given to their "affiliated" funeral parlor since the family of my cousin had already chosen a funeral parlor they prefer but the cop insisted and brought the body to the "affiliated" one.

 

Yesterday, another uncle of mine told us that the mother-in-law of the killer called him up and narrated what actually happened. According to my uncle, the woman wants to have an amicable settlement with my cousin's family. The woman and the killer are well to do while the family of my cousin are a little short on money.

 

Someone told my uncle that my aunt should not bury my cousin yet (burial is supposed to be tomorrow) because she need to file a case in court first and a police officer will go to the wake to check on the dead.

 

My questions are, is it true that my aunt shouldn't bury his son yet and instead go file a criminal case in court first? If, for example, she would agree on a settlement, should she file a criminal case first and have the guy arrested? Or can they just talk by themselves with their respective lawyers around? What would be the best thing to do in this kind of situation?

 

Lastly, if my aunt's family is not well to do while the other party are, does that mean filing a case and going to court is not a wise thing to do?

 

Thank you for any info.

Edited May 27, 2016 by wildswans

[Google]

^^ imho, filing a case in court is independent of the burial. if there are witnesses (the guard, etc.), then that would suffice plus the hospital report on the injuries that caused his death.

 

on your last question, going to court is a wise thing to do. not only the victims family is compensated civilly, but may criminal aspects eh (physical injuries resulting to homicide.). if the victim's family agreed to a settlement, then there would be injustice and the suspect will just laugh about it. kaya ba ng pamilya ng biktima yan?

 

yes, there would be costs, but the victim's family can seek assistance from PAO and some civicly affiliated lawyers.

 

my personaly opinion, go get a lawyer... approach PAO and ask assistance. file the case to the prosecutor using documents i stated above. alam ng abogado kung ano dapat gawin dyan.

[atty. 190e]

Nixs, you will have to explain or expound further on your question. It's a bit vague.

 

But if the legit and the illegit are registered co-owners of a property,it doesn't matter anymore

[wildswans]

^^ imho, filing a case in court is independent of the burial. if there are witnesses (the guard, etc.), then that would suffice plus the hospital report on the injuries that caused his death.

 

on your last question, going to court is a wise thing to do. not only the victims family is compensated civilly, but may criminal aspects eh (physical injuries resulting to homicide.). if the victim's family agreed to a settlement, then there would be injustice and the suspect will just laugh about it. kaya ba ng pamilya ng biktima yan?

 

yes, there would be costs, but the victim's family can seek assistance from PAO and some civicly affiliated lawyers.

 

my personaly opinion, go get a lawyer... approach PAO and ask assistance. file the case to the prosecutor using documents i stated above. alam ng abogado kung ano dapat gawin dyan.

Thanks for the help Sir.

 

I do have one more question. What if the guard refuse to be a witness? The guard gave a different statement when he was asked the 2nd time regarding who beat up my cousin.

[Google]

Thanks for the help Sir.

 

I do have one more question. What if the guard refuse to be a witness? The guard gave a different statement when he was asked the 2nd time regarding who beat up my cousin.

that is the problem. you cannot force someone to be a witness if he does not want to.

pero baka pwedeng gawaan ng paraan ng pulis. lumalabas kasi pag vital witness tapos ayaw nya mag witness eh pwede syang maging accessory.