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Author Topic: QUESTION sa mga Lawyers.  (Read 65677 times)

Andmont

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Re: QUESTION sa mga Lawyers.
« Reply #80 on: January 12, 2016, 10:01:28 am »
Hi question lang mga sis.

Does this fall under the Non-diminution of Benefits Rule (Labor Code).

"The principle of non-diminution of benefits states that: “any benefit and supplement being enjoyed by employees cannot be reduced, diminished, discontinued or eliminated by the employer.”

In our company, we are entitled to have 5 VL and 12 SL that we can use any month of the year without any conditions. For example, we can use 3 VL in January without any problem (which means we get 3 days leave with pay) . But this year, they oriented us about certain "changes". First, we are now given 6 VL and 12 SL BUT we can only use 1 VL every 2 months and 1 SL every month. 

Let us say, I will file a leave for vacation at least 4 days on February, but I'am only entitled to have 1 VL as per the HR manager,  they will only pay in full 1 VL the rest (3 days) will be paid in half. Same with our SL. Unfortunately, if you will get sick and and will file for 5 days SL in March, you will only get paid for 3 days, the rest (2 days) will be paid in half.
We are thinking that our HR manager is aware of the non-diminution of benefits rule because she said that they did not reduced nor discontinued the benefit but only change the manner on how they will implement it?

Are they allowed to implement such rule without us signing any documents?
And doesn't it seem that they are superseding the entitled SERVICE INCENTIVE LEAVE an employee has if they are going to "pay only half" of the leave.

Thanks sa mga sis natin na sasagot :)
« Last Edit: January 12, 2016, 03:28:14 pm by Andmont »

PrincessC

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #81 on: January 15, 2016, 05:55:15 pm »
HELP!

when we got home, pinasok pala yung condo namin nung walang tao and nakuha ang cellphones and cash.

what to do next?

di abot ng CCTV ang door ng unit namin. may dumating ng police at nagfingerprint.

what's next?

is the condo's property management partly liable?

thanks!

Anewme

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Re: QUESTION sa mga Lawyers.
« Reply #82 on: January 19, 2016, 12:06:31 pm »
How much ang acceptance fee ng mga lawyer pag nag file ka ng kahit anong case? Any idea?

VannyVanvan

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Re: QUESTION sa mga Lawyers.
« Reply #83 on: January 27, 2016, 06:36:03 pm »
Help!! Need advise regarding sa US immigration law. I really don't know what to do anymore.

pinkpassion

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Re: QUESTION sa mga Lawyers.
« Reply #84 on: February 11, 2016, 08:46:40 pm »
I'm looking for a lawyer kasi almost a month ng nag aantay ng baranggay endorsement so to file the case kaso hanggang ngayon ayaw pa ding magbigay ng baranggay. Naka 3 mediations na kaso hanggang ngayon ayaw mag issue ng endorsement.

You can check here your queries.
 
http://www.chanrobles.com/admincircular14-93.htm#.VrxGZMsZ7ML

minnie99

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Re: QUESTION sa mga Lawyers.
« Reply #85 on: February 26, 2016, 09:48:17 am »
If a guy with an ongoing annulment has an illegitimate child with another girl and thus cannot legitimize the child by marrying the girl after the the annulment because of legal impediment to marry at the time of conception, can they instead legitimize the child through adoption (after annulment and second marriage)?

amazingheart

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Re: QUESTION sa mga Lawyers.
« Reply #86 on: March 08, 2016, 09:18:26 am »
I have questions,  sana may lawyer dito or baka may alam kayong lawyer mga sis? Pm naman nyo kung may alam kayo. Thanks

crzysxycl

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Re: QUESTION sa mga Lawyers.
« Reply #87 on: March 08, 2016, 10:34:53 am »
Paano po mag file ng estafa? Anong qualifications po para pasok sa case na ganito? Pag gumawa ba ng kwento tapos napatunayang hindi naman totoo pero nakakuha ng pera yung nanloko, pwede kasuhan? Paulit ulit na kasi at ang dami na ring naloko..

mischa04

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #88 on: March 12, 2016, 09:57:10 am »
Question po... fake certificate of employment and fake certificate of training can be grounds for work termination in the government? Mabigat po bang reason yun? Alam ko po kasi pwede po under falsification of documents.. pero pano po ang processing, i mean dapat po ba ireport sa HR or diretso sa CSC? How to report, dapat ba in writing? May investigation yun right? At dapat confidential as in hindi malalaman ng involve party na may nagreport or iniinvestigate ang documents nya kung totoo lahat..otherwise baka hindi magprosper..eh pag in writing syempre kakalat na yun...

minnie99

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Re: QUESTION sa mga Lawyers.
« Reply #89 on: March 13, 2016, 11:23:33 pm »
^^ang alam ko yung company ang aggrieved so company lang ang pwede magsampa ng kaso. So kung gusto mo talaga at may ebidensya ka, dapat i-report mo...

Not a lawyer though, based on my understanding lang.

minnie99

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #90 on: March 14, 2016, 03:23:26 pm »
^Ay, oo tama ka sis. Nalito lang ako coz she said falsification of documents which /pwedeng/ ikaso ng company sa employee but not something they would necessarily do.

mischa04

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #91 on: March 14, 2016, 07:09:51 pm »
Hello.. thanks for the answers.. I understand the point of sis purple_ tips.. may due process po kasi talaga, hindi po basta basta matatanggal lalo kung permanent.. and only the head of the agency can terminate an employee by signing a resolution based sa hearings and investigations done by the company with the involve person.. What I mean po dun sa investigation na hindi malalaman nung employee is yung pagveverify lang po whether legit yung certificate of employment and trainings.. diba po tinatawag or nirerequest lang po yung certification nun dun sa involve companies na nag issue nun.. anyone can verify po ba? Or the agency po ang dapat na gumawa nun?

Sa ngayon out of curiosity lang po ito hehe.. andami po kasing ganon, eh so unfair naman lalo if ka competition for promotion..

penguin07

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #92 on: March 15, 2016, 12:38:14 am »
If a guy with an ongoing annulment has an illegitimate child with another girl and thus cannot legitimize the child by marrying the girl after the the annulment because of legal impediment to marry at the time of conception, can they instead legitimize the child through adoption (after annulment and second marriage)?

Adoption to be made by the father will elevate the status of the child from an illegitimate child to a legitimate one.

Under the Rules:
  "Section 5. Who may be adopted. – The following may be adopted:
  x x x x (3) An illegitimate child, by a qualified adopter to raise the status of the former to that of legitimacy; x x x x"

Hope this helps :)

la_pinay

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #93 on: April 07, 2016, 01:45:48 pm »
pwede po kaya ako maghabol sa utang that was made in 2008? how much would it cost me to consult a lawyer and send demand letter?

easycomeeasygo

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #94 on: May 01, 2016, 01:23:18 pm »
Question lang po. Namatay po ang lolo ko 1983. Lola ko po namatay 2011. And recently may nahanap kaming title ng lupa sa province na nakapangalan po kay Lolo. Pinacheck namin pero may nagssquate na dito. Anong chances po na pwedeng makuha nila ang bahay? Di po kasi agad natransfer ang lupa since hindi po kami aware na may lupa pa sya. We eere able to have it checked sa munisipyo pero nakapangalan pa din sa Lolo ko. Ano po pwedeng steps na gawin namin para masalin sa mga anak? Thanks po.

mischa04

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #95 on: May 11, 2016, 06:20:43 pm »
Sis purple_tips, mukhang hindi.. kasi sa agency naman namin hindi totally nagbabackground check unless may nagcocomplain.

IamMarieLove

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #96 on: May 11, 2016, 06:55:11 pm »
Wow.. just looking for someone to ask about legal matters and I saw this. Perfect Timing.

My question is about employer policy on late sanctions of employee. The employer's policy on tardiness is 8-14 days suspension if you will be late 3 consecutive times. Also, is it right that they don't give their employees some minutes of grace period like in other companies, they allow up 15 minutes before the employee will be deducted for being late. Thank you in advance.

chubilita0290

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #97 on: July 29, 2016, 11:34:37 am »
Hi,

Questions lang with our Lawyers here. :)

I just wanted to ask if there's a violation here:

The company offered contractual employment for 5 months and 2 weeks. 3 weeks before the contract expires the management announced (email and verbal) that all contractual employees would have an extension until December. Some employees showed disappointment to their immediate supervisor because they were told that the campaign was growing yet they could not offer the probationary contract. The management presented the offer for contract extension 5 days before the contract expires (short notice) and said that they were not informed about the employees concern when the announcement was made. Because of the short notice, the employees were compelled to accept the extension due to the fact that they could not lose the job. The contract extension was another 2 months and was told verbally that another extension after the contract expires would be offer. Note that the papers signed by the employees were just amendment to the original contract and not a renewal contract. The employees were also advised of a completion bonus after completing the contract but was not given. The completion bonus was not stated in the contract but during the contract signing the recruiter verbally informed the employees that there was a completion bonus. Going back to the contract, 5 days after the extension contract expires, one of the employee was told that they could extend the contract until 31 Oct. but there were no papers signed. Then 3 days before contract expiration, the management told the employee that they could no longer extend the contract and it would be her last day tomorrow.

I would appreciate your comments sisses. Thanks! :)

IamMarieLove

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #98 on: August 11, 2016, 11:57:58 am »
Hi, just need to ask lang po for clarification nagugulahan po kasi ako.

Covered po ba ng employers responsibility yong injury ng employee on her way to work? Pwede po bang humingi ng reimbursement sa lahat ng expenses incurred? Sabi kasi only injuries during work ang pwede e. reimburse eh paano namn po yong on the way or from work hindi po ba considered as work-related?

I need enlightenment po about this situation. Thank you in advance. 

EllaBratin

  • Guest
Re: QUESTION sa mga Lawyers.
« Reply #99 on: August 12, 2016, 01:59:48 pm »
^Isa yan sa usap-usapan namin last month. Nagkaroon kasi kami ng incident, saka pa lang namin nalaman na covered pa rin tayo ng ating employers on our way from home to work and vice versa, as long na normal route lang. Hindi ko lang sure sa expenses, kung company's discretion na lang kung babayaran nila or hindi.

 

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