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at the nlrc..

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1 at the nlrc.. on Thu May 31, 2012 10:35 pm


Arresto Menor

Need some advice.

Last week I was at the NLRC suing my previous company (a callcenter) for constructive dismissal, withholding of backpay, incentives, etc. as well as negligence and harrassment/bullying.

The company sent a counsel, from an independent law firm.

During the (1st) hearing, the arbiter requested that I take off constructive dismissal since I submitted a resignation letter.

I denied, stating that it was because of harrassment/bullying from my manager and that I was bypassed my promotion without basis that led me to my involuntary resignation. Also, the company withholds issuing COE's for employees who do not submit a 30-day resignation letter.

I had proof of all of these allegations.

Today was the 2nd hearing. Apparently, no one from the respondent's side showed up.

The arbiter said na mag-usap na lang kami ng co.

I denied.

The arbiter then scheduled a 3rd hearing and said that if wala pa rin I can submit a position paper. Thing is kailangan ko na raw ng lawyer once na dumating na sa position paper?


1. Lamang ba ako sa hindi pag sipot ng respondent sa hearing?

2. Can I request for the immediate release of my backpay, coe, itr and other mandatory things while suing for damages? (with regards to constructive dismissal, negligence, harrassment/bullying)

2. What is a position paper? Is this the formal complaint na ginagawa ng mga lawyers?

3. In case na umabot sa position paper, can I demand from the respondent for reimbursement of all legal fees incurred?
--If yes, can anyone refer me a to a lawyer that can contract for just a portion of the compensation on settlement? I cannot afford to pay acceptance/other fees at this stage kasi.

Thank you in advance.

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2 Re: at the nlrc.. on Sat Jun 02, 2012 9:27 am


you can request, but without an order from the arbiter, they won't release that
it's your legal argument and evidence put into writing. better to have a lawyer.
yes, but only if you win and the arbiter grants it.

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3 Re: at the nlrc.. on Tue Jun 19, 2012 10:31 pm


Arresto Menor

Thank you for your reply. Much appreciated!

Today, June 19, was the 3rd hearing at the NLRC.

The respondent's counsel showed up and gave me the transcript of my final pay. Also, my outstanding loans were already paid as well.

I still pushed through with the constructive dismissal.

To make the story short-

I showed my counsel's quote of 272,000.00 for backwages, separation pay and unused VL/SL.

The respondent's counsel denied.

The arbiter was begging for 36,000.00 as separation pay so everybody wins.

I denied.

I gave a quote of 100,000.00

The respondent's counsel said they will talk with their client and is requesting I call them this Friday, June 22, for their client's response.

July 2 is the next hearing for position papers.


1. If I call the respondent's counsel before Friday, June 22, talo ba ako? Baka kasi lumabas na naghahabol ako. But I need to know their standing so I can file for leave the next day and start my position paper. I only have 2 weeks.

2. If I choose to accept the quote by the company before the position papers, will this be termed as an out-of-court settlement? To be honest, I don't know the next procedures. What will happen to my complaint? Can my previous company still use this on my background checks?

Thanks in advance.

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4 Re: at the nlrc.. on Thu Jun 21, 2012 3:17 pm


Arresto Menor
Hi. I have the same problem. I went to NLRC for the scheduled hearing and the first thing that they asked was if I'm open for settlement. I said yes because I've been told about the position paper which takes longer. My complaint was that when I inquired about my last pay, the HR told me that they have a policy regarding the 30-day render even for terminated employees which I don't know about so to make the long story short, they said that I owe them the Php10, 500 penalty. In addition to that, SSS and Philhealth told me that I have no contributions at all for the 5 months that I worked for that call center.
The settlement they offered is just the amount of my last pay and contributions which for me is unfair. The representative/respondent said that if I will not settle with that and push with the other damages, they will just continue with the case.
I really don't know what to do because it was my first job and I really feel that it will be unfair because what they're offering me is rightfully mine.
Please help me out here.

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5 Re: at the nlrc.. on Thu Jun 21, 2012 7:48 pm


kmi, if you have your own counsel, you should discuss this with him. best to be prepared to file pos papers.

xaii, if you find it unfair, then you can continue with the case also.

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6 Re: at the nlrc.. on Wed Jan 09, 2013 1:53 pm


Arresto Menor
good day sir. i was issued a compulsory time off (CTO) for 6 months without pay, while the expat whom i trained to manage our other location was retained as training and quality manager of both our offices. i filed a case with the nlrc for constructive dismissal and discrimination. since i have to make a living, i applied to other call centers and was offered a job order. however, to get a certificate of employment, i have to resign from the office. will this affect my case with nlrc? my cto specifies that i will not get my separation pay if i resign within the 6 months period. thank you sir.

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7 Re: at the nlrc.. on Tue Sep 13, 2016 10:19 am


Arresto Mayor
Hi mga Sirs,

-Natapos na po ako sa mediation for 3 hearings
-Pinag sasubmit na po ako ng Postion papers this october 8, 2016
-and yung reply daw po is october 20, 2016

Ask ko po sana:
1.  kung mga ilang beses pa po ako pupunta sa nlrc?
2.  at anong month po kaya lalabas yung resolution?

Thank you and warm regards.

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8 Re: at the nlrc.. on Tue Sep 13, 2016 10:59 am


Reclusion Perpetua
Very hard to say. really depends on the issues. Syempre may mga charges ka, submit ka ng evidence. 1 hearing. sasagot si employer 2nd hearing. tapos sasagutin mo yung sagot ni employer 3rd hearing. or pwede din na wag mong sagutin if pakiramdam mo wala ka ng maidadagdag or walang katuturan yung sagot nya. If may counter si employer sya naman ang mag submit ng evidence, tapos sasagotin mo naman so another 1 or 2 hearings. Sometimes pwede ma postpone ang hearing.

May instances naman na two hearings lang, sa 3rd hearing tapos na.

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9 Re: at the nlrc.. on Tue Sep 13, 2016 11:09 am


Arresto Mayor
Thank you Sir.

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