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Termination

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1 Termination on Wed May 16, 2012 3:32 pm

Espi1228


Arresto Menor
Hi! Ask ko lng, kung naterminate ka sa work mo with cause, wala ba tlagang makukuha na back pay from his previous employer

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2 Re: Termination on Thu May 17, 2012 8:45 pm

attyLLL


moderator
for days worked but unpaid, you are entitled


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3 Re: Termination on Sat May 19, 2012 7:25 am

Jaht


Arresto Menor
pano po yung mga unused Sick Leaves, 13th month, and Tax Refund??

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4 Re: Termination on Sun May 20, 2012 3:16 pm

Espi1228


Arresto Menor
Hi sir/mam, may mairerefer po b kyo na labor lawyer na pede tumulong s akin? Im not that a well off person, bka nman pede nyo po ako matulungan. Salamat po

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5 Re: Termination on Sun May 20, 2012 7:46 pm

viva34


Arresto Menor
can an employeer file a case to an employee even an employee already signed a release waiver quitclaim?

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6 Re: Termination on Wed May 23, 2012 6:36 pm

wintersonata


Arresto Menor
@espi1228 terminated/resigned eomployees entitled po sa final/last/separation pay kasama po dun ung unused SL,VL, ML (if regular)

@viva34why did you signed the quit claim?
tingin ko wala ka ng habol..

btw lets wait for Atty. to reply para sa pinakamagandang step tungkol jan....

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7 Re: Termination on Fri Jun 08, 2012 10:44 pm

odiebro1107


Arresto Menor
hi, sir/mam , ask ko lang po can an employer terminate an employee when an employee has bussiness not related to employers bussinees. Conflict of interest po ba yun kung may bussiness yung employee. thanks in advance po

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8 Re: Termination on Sat Jun 09, 2012 11:31 am

attyLLL


moderator
odie, be more specific. what are the kinds of biz involved? does it lead the employee to skip work


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9 awol on Tue Jun 19, 2012 6:51 pm

evilciao


Arresto Menor
hi sir
ano po ba ang mangyayari kapag nagfile ng AWOL yung company sa DOLE, what are the damages for me.

Kasi pumirma ako ng contract tapos pumasok lng ako ng 2 days tapos di ako pumasok. Sinabi ko sa knila pero di ako nagresign.

anu po ba ang mangyayari

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10 Re: Termination on Wed Jun 20, 2012 2:55 pm

attyjoyce


Reclusion Perpetua
Hi odiebro1107

The employer cannot instantly terminate an employee if the latter has his own business as long as the employee's business is not in conflict with that of his employer's business.

By the way, what kind of business is involved? Does it lead to the point that the employee gets the customer or client of his employer?

For more info, you may visit www.domingo-law.com.

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11 Re: Termination on Wed Jun 20, 2012 3:55 pm

attyjoyce


Reclusion Perpetua
Hi Espi1228

An employee who is terminated from employment for a just cause is not entitled to payment of separation benefits. Section 7, Rule I, Book VI, of the Omnibus Rules Implementing the Labor Code provides:

“Sec. 7. Termination of employment by employer. – The just causes for terminating the services of an employee shall be those provided in Article 282 of the Code. The separation from work of an employee for a just cause does not entitle him to the termination pay provided in Code, without prejudice, however, to whatever rights, benefits and privileges he may have under the applicable individual or collective bargaining agreement with the employer or voluntary employer policy or practice.”

Did your employer gave you a written notice and reasonable time to explain your side before your employment was terminated?

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12 Re: Termination on Wed Jun 20, 2012 4:43 pm

attyjoyce


Reclusion Perpetua
Hi viva34

I believed your question was "can an employee file a case to an employer even when an employee already signed a release waiver and quitclaim?"

Why did you sign the release waiver and quitclaim? There are instances or cases where the execution of release waiver and quitclaim are valid.

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13 Re: Termination on Wed Jun 20, 2012 4:58 pm

attyjoyce


Reclusion Perpetua
Hi Jaht

If your employment was terminated based on just cause, you are not entitled to separation and back pay but you are entitled to claim your unused sick leave, 13th month pay and tax refund.

By the way, why did your employer fired you?

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14 Re: Termination on Wed Jun 20, 2012 6:35 pm

joanllobrera


Arresto Menor
hi i just want to to know based on labor code how many days or months should an employee have to wait for their backwages? thanks in advance.

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15 Re: Termination on Thu Jun 21, 2012 4:44 pm

attyjoyce


Reclusion Perpetua
Hi joanllobrera

In illegal dismissal case, you have to wait for the final decision and entry of judgment before you can move for ex parte writ of execution. When there is already a writ of execution issued by the court, there is again a pre-execution conference, usually during that period the employer pays the employee of the backwages, if not a maximum of one month after the pre-execution conference an employee may claim his backwages.

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16 Re: Termination Today at 5:47 am

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