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  1. Join Date
    Oct 2002
    Posts
    21,433
    #1
    I just want to ask the opinions of fellow tsikoteers regarding this situation. Our sales agent was shot by an unknown person and the motive was believed to be robbery. The sales agent was shot at work in the field.

    What's our legal &/or moral obligation to the agent? Until what extent should we support or help the agent? I've consulted with lawyers and they have different opinions.

    The agent is still in the hospital (private) and there's a big chance of being paralyzed waist down. I have assured the family that the company will shoulder the hospital expenses. But what if the agent will stay in the hospital for weeks or months?

    Can I just offer them a one time monetary settlement so I won't be bothered with this anymore?
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  2. Join Date
    Aug 2011
    Posts
    674
    #2
    Quote Originally Posted by boybi View Post
    I just want to ask the opinions of fellow tsikoteers regarding this situation. Our sales agent was shot by an unknown person and the motive was believed to be robbery. The sales agent was shot at work in the field.

    What's our legal &/or moral obligation to the agent? Until what extent should we support or help the agent? I've consulted with lawyers and they have different opinions.

    The agent is still in the hospital (private) and there's a big chance of being paralyzed waist down. I have assured the family that the company will shoulder the hospital expenses. But what if the agent will stay in the hospital for weeks or months?

    Can I just offer them a one time monetary settlement so I won't be bothered with this anymore?
    Same thing happened to my father years ago. Na-holdup yung ahente niya at nasaksak pa. Sinagot ni erpats lahat ng hospital bills at dirediretso ang salary since wala naman insurance. Small company lang kasi. Umabot yata ng 3-4months ang pagpapagaling. Matapos gumaling eh bumalik uli sa trabaho.

    Ang tanong boss boybi. Hanggang saan mo kayang tulungan ang mga tao mo na nadisgrasya dahil sa negosyo mo?

  3. Join Date
    Oct 2007
    Posts
    1,324
    #3
    Question is, are you up to date with your philhealth, sss and accident insurance?

    SSS and Insurance should cover for pension and disability.

  4. Join Date
    Oct 2002
    Posts
    22,658
    #4
    Ang alam ko nung ma-stroke yung isang driver ng kaibigan ko, sinagot nila ang hospitalization (doctor, hospital, gamot). Pero nung hindi na maka-drive after, binigyan naman ng separation pay (sorry hindi ko alam ang pag compute nun).

    Ang alam ko nag-extend din ng assistance sa anak para makatapos ng pag-aaral and makapag-trabaho after.

    http://docotep.multiply.com/
    Need an Ambulance? We sell Zic Brand Oils and Lubricants. Please PM me.

  5. Join Date
    Oct 2007
    Posts
    1,324
    #5
    Quote Originally Posted by Boy Bastos View Post
    Same thing happened to my father years ago. Na-holdup yung ahente niya at nasaksak pa. Sinagot ni erpats lahat ng hospital bills at dirediretso ang salary since wala naman insurance. Small company lang kasi. Umabot yata ng 3-4months ang pagpapagaling. Matapos gumaling eh bumalik uli sa trabaho.

    Ang tanong boss boybi. Hanggang saan mo kayang tulungan ang mga tao mo na nadisgrasya dahil sa negosyo mo?
    Mas maganda na tanong ito.

    All or nothing.

    Unfortunately there is no middle ground.

  6. Join Date
    Oct 2007
    Posts
    1,324
    #6
    Quote Originally Posted by OTEP View Post
    Ang alam ko nung ma-stroke yung isang driver ng kaibigan ko, sinagot nila ang hospitalization (doctor, hospital, gamot). Pero nung hindi na maka-drive after, binigyan naman ng separation pay (sorry hindi ko alam ang pag compute nun).

    Ang alam ko nag-extend din ng assistance sa anak para makatapos ng pag-aaral and makapag-trabaho after.
    This as far as I know is the tradition by small businesses. Matatapos din naman ang scholar nyo.

  7. Join Date
    Oct 2002
    Posts
    22,658
    #7
    And alam ko subject to terms pa din yung scholarship (e.g. hindi naman honor, wag lang bagsak) and 4 year course at the most plus other fine print.

    http://docotep.multiply.com/
    Need an Ambulance? We sell Zic Brand Oils and Lubricants. Please PM me.

  8. Join Date
    Oct 2007
    Posts
    1,324
    #8
    Quote Originally Posted by OTEP View Post
    And alam ko subject to terms pa din yung scholarship (e.g. hindi naman honor, wag lang bagsak) and 4 year course at the most plus other fine print.
    Usually bawal ang mag boyfriend or girlfriend habang nag aaral.

  9. Join Date
    Oct 2002
    Posts
    21,433
    #9
    Kumpleto naman SSS and Philhealth. College graduate na mga anak. Yung isa may asawa na.
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  10. Join Date
    Sep 2005
    Posts
    15,310
    #10
    after hospitalization.. kung gagaling.. tapos hindi na fit to work.. you can retrenched him.. pero mas malaki yata computation.. parang 1 month salary for every year instead of 1/2 month salary.. then he can file for disability sa SSS..

  11. Join Date
    Oct 2002
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    21,433
    #11
    Ayaw na nya bumalik sa work. Natakot na. I already gave the separation pay. medyo malaki rin.
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  12. Join Date
    Sep 2005
    Posts
    15,310
    #12
    dapat pag mga ganyan line of work.. may separate insurance.. para pag na accident etc.. insurance sasagot..

    parang mga security guards sa armored trucks.. kasi kung walang insurance.. malaking gastos sa kumpanya yan..

  13. Join Date
    Oct 2002
    Posts
    3,872
    #13
    Quote Originally Posted by boybi View Post
    Ayaw na nya bumalik sa work. Natakot na. I already gave the separation pay. medyo malaki rin.
    If he received his separation pay, that would mean he's no longer under your employment. Ordinarily, your obligations to your employee cease upon the termination of the employer-employee relationship and payment of his last pay.

  14. Join Date
    Oct 2002
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    21,433
    #14
    Quote Originally Posted by Altis6453 View Post
    If he received his separation pay, that would mean he's no longer under your employment. Ordinarily, your obligations to your employee cease upon the termination of the employer-employee relationship and payment of his last pay.
    I will still pay for the hospital expenses as what I have assured the family. Ang kinakatakot ko lang is baka ayaw naman nilang magpa-discharge sa hospital. Syempre naka aircon dun, sa bahay nila wala. And the hospital will be more than willing to retain them. Any chance na mangyari ito?

    2 days ago pala, I requested that they be transferred to another room with cheaper rate. Same lang naman ang amenities (cable tv, ref, aircon). Mas luma lang yung room. Sumagot ba naman sa text: "magmula po ngayong araw, kami na ang sasagot sa room".
    I don't know how to reply. I have a notion kasi na yung PF ng doctor e naka depende sa room rate.
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  15. Join Date
    Nov 2002
    Posts
    1,326
    #15
    Quote Originally Posted by Altis6453 View Post
    If he received his separation pay, that would mean he's no longer under your employment. Ordinarily, your obligations to your employee cease upon the termination of the employer-employee relationship and payment of his last pay.
    don't forget the waiver and quitclaim..

  16. Join Date
    Oct 2002
    Posts
    3,872
    #16
    Quote Originally Posted by boybi View Post
    I will still pay for the hospital expenses as what I have assured the family. Ang kinakatakot ko lang is baka ayaw naman nilang magpa-discharge sa hospital. Syempre naka aircon dun, sa bahay nila wala. And the hospital will be more than willing to retain them. Any chance na mangyari ito?

    2 days ago pala, I requested that they be transferred to another room with cheaper rate. Same lang naman ang amenities (cable tv, ref, aircon). Mas luma lang yung room. Sumagot ba naman sa text: "magmula po ngayong araw, kami na ang sasagot sa room".
    I don't know how to reply. I have a notion kasi na yung PF ng doctor e naka depende sa room rate.
    Just my two cents. They're being a bit arrogant. Having them transferred doesn't mean abandonment. But, it's never going to be good to point these things out. You can simply offer to give them the amount for the less expensive room and they can just pay for the difference. Acting as a responsible employer doesn't mean that you have to go to the poor house just to give them non-essential amenities in a hospital.

  17. Join Date
    Nov 2002
    Posts
    1,326
    #17
    Quote Originally Posted by boybi View Post
    I will still pay for the hospital expenses as what I have assured the family. Ang kinakatakot ko lang is baka ayaw naman nilang magpa-discharge sa hospital. Syempre naka aircon dun, sa bahay nila wala. And the hospital will be more than willing to retain them. Any chance na mangyari ito?

    2 days ago pala, I requested that they be transferred to another room with cheaper rate. Same lang naman ang amenities (cable tv, ref, aircon). Mas luma lang yung room. Sumagot ba naman sa text: "magmula po ngayong araw, kami na ang sasagot sa room".
    I don't know how to reply. I have a notion kasi na yung PF ng doctor e naka depende sa room rate.
    malaki chance yes PF is tied up the room rate...

    no choice ka dyan.. habang nagpapagaling... at least upto the point na maka recover.. pero yung scenario mo na baka ayaw umalis sa ospital... mabigat sa kanila lalo na kung icall mo yung bluff nya na sila sasagot sa room (baka di nila na realize na mauubos yung separation pay nya dyan)...

    tutal naka tanggap na ng separation pay (don't forget the waiver, best if the signing of waiver and receiving of separation pay was video recorded with everybody's knowledge)... at least, may hangganan na yan... next yung sa pagpapagamot na lang... kung may meds pa after recovery... therapy <?> ... pero pag pre existing condition, i think you can say no na...

  18. Join Date
    Nov 2010
    Posts
    25,276
    #18
    Quote Originally Posted by boybi View Post
    I will still pay for the hospital expenses as what I have assured the family. Ang kinakatakot ko lang is baka ayaw naman nilang magpa-discharge sa hospital. Syempre naka aircon dun, sa bahay nila wala. And the hospital will be more than willing to retain them. Any chance na mangyari ito?

    2 days ago pala, I requested that they be transferred to another room with cheaper rate. Same lang naman ang amenities (cable tv, ref, aircon). Mas luma lang yung room. Sumagot ba naman sa text: "magmula po ngayong araw, kami na ang sasagot sa room".
    I don't know how to reply. I have a notion kasi na yung PF ng doctor e naka depende sa room rate.
    Sa private hospitals sir ganyan nga, naka-base PF sa room rate din na ginagamit.

    For me, just have a one time remuneration. Paliwanagan lang ng husto na hindi naman puwede na habang buhay eh sasagutin mo hospital expenses, may hangganan naman yan. Kahit nga malalaking company eh talagang meron lang maximum na kayang ibigay.

    As mentioned here, no middle ground eh, you need to be specific on the amount you can give pa or full support.

    Pero sa pakikipag-usap din naman yan, just make sure to use a very good middleman that will initiate the deal if ever that's the route you're going to take.
    Fasten your seatbelt! Or else... Driven To Thrill!

  19. Join Date
    Sep 2005
    Posts
    15,310
    #19
    why was the separation pay given?? sino nag initiate? did he sign a quitclaim form?

  20. Join Date
    Oct 2002
    Posts
    21,433
    #20
    Quote Originally Posted by wowiesy View Post
    don't forget the waiver and quitclaim..
    May quitclaim ako pinapirma.
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Our sales agent was shot