legal Free Legal Advice

[rocco69]

Today is paycheck day! I have a problem with my salary. The salary covers from April 1- 15 and I just got it today. My day-off is thursday and friday, That fall into maundy thursday and good friday (Arpil 13 and 14). I do expect  that I can get a 100% salary on that day because the it is a legal holiday but I didn't. I got my payslip also and I found that I got a 200% pay only for April 9(araw ng kagitingan).

 

I ask our finance department about it and they said that I cannot get a 100% on APR 14 and 15 because we are on monthly basis.

 

Is this correct?

 

This is not the case when I am on daily basis. I get a 100% pay during legal holidays.

 

I need your full explaination on this so that I can reason out myself.

 

Thank you.

<{POST_SNAPBACK}>

 

Mukhang tama ang Finance nyo. Iba kasi ang computation pag monthly na ang pagsuweldo mo kesa sa arawan.

 

Pag arawan ka kasi, No work no pay. Pag pinatrabaho ka during a holiday, entitled ka sa holiday pay (doble ng regular rate mo).

 

Yung sa monthly, yung formula pagcompute ng daily rate mo ay = (monthly salary x 12 months)/261 days.

 

Alam ng lahat, ang isang taon ay 365 days, pero ang divisor na ginagamit ay 261, hindi 365. Kasi, minemenos ng company mula sa 365 yung lahat ng day-off mo sa isang taon (52 weeks x 2 days pwer week = 104) sa pagcocompute ng daily rate mo. Kung 261 ang divisor, ibig sabihin kasama na sa computation o bayad na yung sampung (onse na yata ngayon dahil sa Eid al Fit'r) holiday sa suweldo mong natatanggap buwan buwan, kaya wala nang dagdag sa suweldo mo kahit pa bumagsak sa day off mo ang maundy thursday at good friday. Parang ang gulo, ano.

 

Hope this helps.

[agentjackbauer]

the labor code provides that a 30 day notice should be given to the employer before the effectivity of the resignation...the company may decrease the 30 day notice however it could not increase more than what the law provides....

therefore your company policy is valid.... :mtc:

<{POST_SNAPBACK}>

 

Yup, this is the correct rule. However, please note that the 30-day notice required of a resigning employee applies only if there is no cause for the resignation. But if there is cause, the 30-day notice requirement on the part of the resigning employee does NOT apply.

 

Here's the pertinent Labor Code provision on the matter:

 

"Art. 285. Termination by employee.

 

(a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages.

 

( An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

 

(1) Serious insult by the employer or his representative on the honor and person of the employee;

 

(2)Inhuman and unbearable treatment accorded the employee by the employer or his representative;

 

(3)Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

 

(4) Other causes analogous to any of the foregoing."

[agentjackbauer]

Addendum: It seems your question was not phrased properly. It is not the company which will issue the notice. That only happens when the company intends to terminate your employment. But if you are resigning, you are the one required to give the notice, 30 days prior to the effective date of resignation. For example, if you intend to resign by May 30, you should tender your resignation at the end of April. Again, this applies only if your resignation is without cause.

[deus]

may isa pa pala akong problem....

 

dalawa harddisk ko, ang isa seagate at ang isa maxtor parehong 20 gig.

 

ung maxtor working dati sa windows 98 kaya lang nagkaproblema...nag-install ako ng xp dito sa maxtor kaya lang ayaw tumuloy ng installation palaging blue screen, unmountable boot volume ang error. nag  checkdisk na ako pero di pa rin mag-install ang xp.

 

ung seagate ko, ok naman siya kahit ilang beses ko ng na-reinstallan ng xp.

 

ngayon bumili ako ng 40 gig na seagate pero hindi ko rin mainstallan ng xp. blue screen din at unmountable boot volume din ang error. pero kapag sa ibang cpu installan itong 40 gig seagate, ok naman....kapag sa computer ko ayaw na.

 

kaya lang ang nakakapagtaka, ung seagate ko na 20 gig, wala namang problema kahit ilang beses ko ng nainstallan ng xp.

 

processor: amd duron 900

memory: 256mb

mbd: redfox

 

would appreciate any suggestion

<{POST_SNAPBACK}>

 

Sir, baka naman naka slave yung jumper pin ng maxtor mo kaya ganyan ang nangyayari.

[caeli]

good day to everyone! may question lang po ako. eto po un scenario, may family trouble yung friend ko. her dad just came home from working abroad. since he went home, he only spent a few days a week with his family. his family became curious and they found out that the father was having an affair. now that everything is out in the open, my friend is worried that her dad might no longer finance her studies. her mom has just resigned a few months ago from her work as a guidance counselor because her dad asked her to. reasoning that she should be able to take care of the kids.

 

is there any way they could make sure that their father would still be fulfilling his financial obligation to his family?

 

i hope i get a reply soon coz her dad is already threatening to sell her car. there are 5 kids in the family; 2 in college, 1 in high school, 2 in grade school.

[transcience]

taking off from the previous post above me, do we have a law compelling the husband to provide financial support to his family i.e. children specifically, if in case marriage was nullified or the couple are legally separated?

 

in other countries where divorce is legal, i believe this is a must. but in the phils, people have the tendency to be lax in complying with laws etc.

[gulaman]

ano po pwedeng gawin dito,

 

*pag boot up ko PC lagi lumalabas -

CMOS/GPNV Checksum error

 

Press F1 to run setup

Press F2 to load default settings

 

 

*bakit pag itype ko www.google.com sa address bar minsan ang lalabas ay "http://?20%www.google.com/..." (parang ganyan) di ko tuloy ma-access ang google, ayaw pa rin kahit delete ko na mga cookies

ano kayang problema dyan at ano ang solusyon

 

Win XP ang OS, 128M ang RAM, 20GHD, 1.5G ang processor

[rebelyus]

ano po pwedeng gawin dito,

 

*pag boot up ko PC lagi lumalabas -

CMOS/GPNV Checksum error

 

Press F1 to run setup

Press F2 to load default settings

*bakit pag itype ko www.google.com sa address bar minsan ang lalabas ay "http://?20%www.google.com/..." (parang ganyan) di ko tuloy ma-access ang google, ayaw pa rin kahit delete ko na mga cookies

ano kayang problema dyan at ano ang solusyon

 

Win XP ang OS, 128M ang RAM, 20GHD, 1.5G ang processor

<{POST_SNAPBACK}>

 

 

check your cmos batt.... try to see ung settings ng browser mo....

[younghermit]

taking off from the previous post above me, do we have a law compelling the husband to provide financial support to his family i.e. children specifically, if in case marriage was nullified or the couple are legally separated?

 

in other countries where divorce is legal, i believe this is a must. but in the phils, people have the tendency to be lax in complying with laws etc.

<{POST_SNAPBACK}>

 

 

For starters, we have Title VIII of the Family Code on Support comprised of Articles 194 to 208.

Allow me to quote 2 fundamental provisions:

 

Article 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from the school, or to and from place of work.

 

Article 195. Subject to the provisions of the succeeding articles, the following are obliged to support each other to the whole extent set forth in the preceeding article:

1. The spouses;

2. Legitimate ascendants and descendants;

3. Parents and their legitimate children and the legitimate and illegitimate children of the latter;

4. Parents and their illegitimate children and the legitimate and illegitimate children of the latter; and

5. Legitimate brothers and sisters whether of full or half-blood.

 

The Family Code's provisions on support addresses caeli's concerns.

Transcience's concerns are a litle more complicated since the dissolution of the marriage cuts the marital ties while it does not cut the parental ties. In other words, the children may still be supported while the ex-spouse may not unless there has been a pre-nuptial agreement specifying the obligation of one spouse to continue providing support even after the marriage has been terminated.

[younghermit]

xxx

is there any way they could make sure that their father would still be fulfilling his financial obligation to his family?

 

i hope i get a reply soon coz her dad is already threatening to sell her car. there are 5 kids in the family; 2 in college, 1 in high school, 2 in grade school.

<{POST_SNAPBACK}>

 

You may file a case in court for support in accordance with the Family Code as stated above.

 

Query: Who really owns the car, the father or the daughter? Assuming that the father owns the car, it may be considered conjugal/community property if it was bought after the marriage. In this case, the father could not just sell the property without the wife's consent, or else the sale may be voided.

[Firewolf9]

Mukhang tama ang Finance nyo. Iba kasi ang computation pag monthly na ang pagsuweldo mo kesa sa arawan.

 

Pag arawan ka kasi, No work no pay. Pag pinatrabaho ka during a holiday, entitled ka sa holiday pay (doble ng regular rate mo).

 

Yung sa monthly, yung formula pagcompute ng daily rate mo ay = (monthly salary x 12 months)/261 days.

 

Alam ng lahat, ang isang taon ay 365 days, pero ang divisor na ginagamit ay 261, hindi 365. Kasi, minemenos ng company mula sa 365 yung lahat ng day-off mo sa isang taon (52 weeks x 2 days pwer week = 104) sa pagcocompute ng daily rate mo. Kung 261 ang divisor, ibig sabihin kasama na sa computation o bayad na yung sampung (onse na yata ngayon dahil sa Eid al Fit'r) holiday sa suweldo mong natatanggap buwan buwan, kaya wala nang dagdag sa suweldo mo kahit pa bumagsak sa day off mo ang maundy thursday at good friday. Parang ang gulo, ano.

 

Hope this helps.

<{POST_SNAPBACK}>

 

 

 

Now I understand. I don't know if they use 261 as divisor to compute our salary because last year I get a doouble pay on christmas day and JR day. One more thing is that my co-workers get a double pay on Apr 14 and 15 eventhough we render 11 days on that cut-off. The only difference is that there day-off didn't fall into muandy thursday and good friday. But thanks anyway.. This may help a lot..

[fauxhead]

The divisor to be used for the computation of the daily rate of a monthly salaried employee depends on what is written on the employment contract. Where:

 

daily rate applicable = (monthly salary X 12) / applicable divisor

 

a. Without any qualification as to what is included, a monthly salaried employee is deemed paid for the actual working days (refer to the 1977 case of PAL vs PALEA). Therefore, subtract the following from 365 which are not considered working days:

 

51 - for those whose rest days falls on Sunday since the last Sunday of August is a regular holiday/ 103, if both Saturdays and Sundays are rest days

 

11 = no. of regular holidays

 

2 = no. of special days

 

Thus,

 

6-day workweek - 301

5-day workweek - 249

 

You should be paid holiday pay.

 

b. If the contract states that your monthly salary includes payment for the legal holidays, your divisor would be:

 

6-day workweek - 312

5-day workweek - 260

 

Note: Unlike holidays, there is no requirement to pay for special days if unworked. You are only given a premium of 30% if you work on that day. However, if your employment contract states that it considers them paid even if unworked, the divisor would be:

 

6-day workweek - 314

5-day workweek - 262

 

 

c. if your employment contract states that you are considered paid for all the days of the year, use 365.

[caeli]

You may file a case in court for support in accordance with the Family Code as stated above.

 

Query: Who really owns the car, the father or the daughter? Assuming that the father owns the car, it may be considered conjugal/community property if it was bought after the marriage. In this case, the father could not just sell the property without the wife's consent, or else the sale may be voided.

<{POST_SNAPBACK}>

thanks! the father bought the car but its under the name of his wife. so if i understood the article correctly, my friend is still entitled to get financial support from her dad even though she's no longer a minor?

[complicated8]

Hi All,

 

If nakasagasa ka ng tao. What are your options?

 

What if naareglo mo na? Tapos naghabol, how can you prevent this?

 

Thanks - kindly help. need legal options.

 

Thanks...

 

Moving this thread to the MTC Legal Thread where the resident lawyers can give you their informed and expert advice.

 

Thank you.

Edited May 1, 2006 by Wyld

[gulaman]

wala namang damage yong batery,

ano yong titingnan sa settings ng browser?