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legal advice needed...

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1 legal advice needed... on Thu Jan 31, 2013 1:12 pm

gablaurin


Arresto Menor
good day to all,

i am a company driver hired to transfort foreign staffs , employed by an in house agency, the principal company owns the agency and one more company as their logistics arm, i am being used by both company even for deliveries,personal errands for local staffs and even collections and as buyer for purchasing dept... is it possible that i can claim same benifits of the regular employees of the principal company?
another thing,i had a vehicular accident, is it fair that the company suspend me for 6 days of broke schedule (3 days 3days) and charge me also for the participation fee and vehicle depreciation value charge of the insurance firm?



Last edited by gablaurin on Thu Jan 31, 2013 1:14 pm; edited 1 time in total (Reason for editing : wrong spelling)

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2 Re: legal advice needed... on Tue Feb 12, 2013 5:51 pm

tsi ming choi


Reclusion Perpetua
To simplify, your direct employer is the in house agency, thus, you can claim ALL the benefits as provided by the labor code to your AGENCY and not to the principal employer/company. HOwever, for UNPAID SALARIES only, you can claim directly to the principal employer/company because your agency and your company are SOLIDARY liable only for unpaid wages.

As to the vehicular incident, i would suggest that you re-read the company policy with respect to this, if this is embodied therein, then it is "fair" however, if not, then you may question this to your agency or to the BLR(Bureau of Labor Relation)

**I presumed that your In house agency is different from your company because of the doctrine of separate personality, although it seems it is the other way around.

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3 Re: legal advice needed... on Tue Feb 12, 2013 5:55 pm

Patok


Reclusion Perpetua
when did the accident happened? where you still on duty? it should be covered by insurance.. they shouldn't have charged you anything.

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4 Re: legal advice needed... Today at 10:01 pm

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