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  1. Join Date
    Nov 2010
    Posts
    24,726
    #11
    Lakas din talaga kasi manghingi nga mga collectors niyan, grabe ka-rampant dayaan dyan eh... Dapat talaga malinis muna yun.
    Fasten your seatbelt! Or else... Driven To Thrill!

  2. Join Date
    Dec 2005
    Posts
    39,162
    #12

    Ituloy na iyan....

    Be Responsible Partners in nation building....

    14.1K:tvcomedy:

  3. Join Date
    Oct 2008
    Posts
    1,958
    #13
    it is easy to track them. lifestyle/visible properties in the professional's name or that of his children vis-a-vis income. what took them so long? hahaha! but, clean the BIR first. kapal din ng mukha nila. may mga friends ako na kinwartahan. sabi ko, close down the business in papers, resurrect it, under sole proprietorship and dont ever try to evade again...pero wala rin. tsk!

  4. Join Date
    Oct 2008
    Posts
    1,958
    #14
    Quote Originally Posted by _Qwerty_ View Post
    may existing labor case din kami.. illegal dismissal daw.. talo yung empleyado.. wala daw illegal dismissal.. pero biglang nag grant nang separation pay tong NLRC.. so ni dispute namin.. wala ngang illegal dismissal so valid yung termination.. tapos may separation pay.. after nang appeal.. walang nangyari.. ni affirm lang yung separation pay.. ang sabi nung lawyer namin.. ganon daw sa NLRC.. sinasabihan nung arbiter yung nag file nang kaso na hihingi sila separation pay pero pag na approved hati sila.. para saan pa ang labor law nyan?? valid termination tapos may separation pay??

    di kami pumayag.. ngayon nasa court of appeals na ang kaso..
    dalawang aspects kasi ang tinitingnan sa bawat dismissal ng employee. the two aspects of DUE PROCESS. First, was there any ground to dismiss the employee? this is the substantive due process. Second, was the employee sufficiently informed of the ground to terminate him? was he given the chance to explain? hence, the two-notice rule. this is procedural due process.

    NOW if the terminated employee contests.

    IF the two aspects attend in the termination, the employer doesn't pay any cent.

    if only the first is complied with, meaning there is a ground to terminate him, but the second requirement is wanting. the employee is deemed to have not been validly dismissed at all. however, the determination of the amount of separation pay is addressed to the sound discretion of the court. in the past, the determination of the separation pay is reckoned from the time the employee was validly dismissed up to the final judgment.

    if, on the other hand, there is no valid cause for termination and the employee is terminated, then the employer pays the back wages and take the employee back(this is reinstatement) to the company without loss of benefits and seniority status.

    i believe in your company's case, while there was a ground to terminate the employee the procedural due process was not complied with.

  5. Join Date
    Sep 2005
    Posts
    15,326
    #15
    it was complied sir.. ang sabi nga nang NLRC walang illegal dismissal.. so valid ang termination.. employee lost the case.. problem is.. biglang nag award nang separation pay for humanitarian ek ek daw.. yun ang ni di dispute namin.. it's clearly stated sa labor law na pag valid and termination.. walang separation pay..

    ano gusto nila mangyari.. lahat nang terminated employees bigyan nang separation pay??

    Quote Originally Posted by ab_initio View Post
    dalawang aspects kasi ang tinitingnan sa bawat dismissal ng employee. the two aspects of DUE PROCESS. First, was there any ground to dismiss the employee? this is the substantive due process. Second, was the employee sufficiently informed of the ground to terminate him? was he given the chance to explain? hence, the two-notice rule. this is procedural due process.

    NOW if the terminated employee contests.

    IF the two aspects attend in the termination, the employer doesn't pay any cent.

    if only the first is complied with, meaning there is a ground to terminate him, but the second requirement is wanting. the employee is deemed to have not been validly dismissed at all. however, the determination of the amount of separation pay is addressed to the sound discretion of the court. in the past, the determination of the separation pay is reckoned from the time the employee was validly dismissed up to the final judgment.

    if, on the other hand, there is no valid cause for termination and the employee is terminated, then the employer pays the back wages and take the employee back(this is reinstatement) to the company without loss of benefits and seniority status.

    i believe in your company's case, while there was a ground to terminate the employee the procedural due process was not complied with.

  6. Join Date
    Nov 2002
    Posts
    1,326
    #16
    Quote Originally Posted by _Qwerty_
    it was complied sir.. ang sabi nga nang NLRC walang illegal dismissal.. so valid ang termination.. employee lost the case.. problem is.. biglang nag award nang separation pay for humanitarian ek ek daw.. yun ang ni di dispute namin.. it's clearly stated sa labor law na pag valid and termination.. walang separation pay..

    ano gusto nila mangyari.. lahat nang terminated employees bigyan nang separation pay??
    The root of this line of decision is i think and in my opinion, the Supreme Court na rin and some politicians.... You hear the words social justice... And tipong "those who have less in life should have more in the law..".

    However there is also jurisprudence when this line of judicial decision has been overturned... It is really sometimes also dependent on your lawyer and how good he is in doing his research...

    May naging case din kami nyan recently... Our truck got impounded in the province due to 10sacks of uling (got caught in a checkpoint). Due to that, took more than a month to get released, so more thsn a month walang delivery. Or dagdag gastos para lang maka deliver. Dahilsn lang nya was mura daw uling sa pinsnggalingan nya ( di sana 1sack lang, bakit sampu? Ibebenta?). In the first place di naman namin linya negosyo uling for that matter. He was given time to explain, and pinaliwanag sa kanya bakit sya natanggal. D nya matanggap matanggal sya ng walang separation pay, first time lang daw nya yun in his long years of service sa kumpanya. Akyat sya sa NLRC. Decision ng NLRC was masyado daw harsh ang decision namin, although inamin sa decision na complied with ang procedural and substantive due process. Ayun inawardan din separation pay.

    We questioned it sa Commisiion.

  7. Join Date
    Sep 2005
    Posts
    15,326
    #17
    first of all sa mga kasong ganito.. yung employee na nang istorbo.. tapos sasabihin nang NLRC invalid naman yung demanda nung employee.. so sino na pirwisyo? sino gumastos?? may prayer kami for payment of attorney's fee.. pero parang hindi naman nababasa nung NLRC.. dismissed yung reklamo nang employee.. ibig sabihin legal yung termination nya.. sino ngayon magbabayad nang attorney's fee? tapos ngayon bibigyan pa nang separation pay? tama ba yun?

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