i want to seek help regarding my husband's NLRC case.
he is employed as company driver.
"sometimes in april 2013 i ask for bir form 2316 (employees income tax) to his employer. We found out no remittances to BIR has been declared, thus monthly tax deductions were removed to his monthly salary. so i raised the issue to their HR department along with underpaid OT & unpaid night differential. the HR manager was annoy telling me that my husbands employment ended that day.
i texted her to give us a formal letter indicating the reason of his termination. A week after we receive a letter stating that effective may 31, 2013 employment of my husband will be ended due to redundancy & they will be paying his 7 years of service & accrued entitlements.But to our knowledge the company hire a new company driver in replacement to his position & immediately he was relegate in the warehouse & seated the whole 8 hrs no work.
despite of all, he continue to go to work until may 31, 2013.
the company is paying him 88 thousand computed as 528/daily rate x 24 days/month x 7 days..but my husband refuse to accept knowing that it is unfavorably.
we filed a complaint to the NCMB and unfortunately nothing has settled instead the company present verbally that he has a case, that he has to accept the offer or else the company will file a case againts him.
we go to NLRC to file a case..and the first hearing was on june 18, 2013..
so my question attorney, do we need to have atty on our first hearing. my husband is worry & i petty him because he cant sleep
thinking this. hope you will give us your time reading our message. thank you in advance.