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illegal terminate/dismissal umabot na sa arbiter

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Arresto Menor
Good pm po

ask ko lang po kapag umabot na po ba sa arbiter
need na po ba namin ng atty? kasi po yung company po namin ayaw po magbayad ng mga benfits po namin,.kisyu may babayarin daw po kami sa kanila...pag hindi po ba mgkasundo sa arbiter ano po ba ang possible na mangyayari po?

salamat po sa palaging pag sagot ng aking mga katanungan.

God Bless po..

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Reclusion Perpetua
pag hindi magkasundo sa arbiter.. itutuloy na ang kaso sa nlrc.. kailangan na nang position papers.. so kailangan mo na nang abogado.

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Arresto Menor
hi attorney?

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.

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Reclusion Perpetua
he is being paid 1 month salary for every year of service.. accept the offer and move on.. mas matagal at magastos kung magkakaso pa kayo sa NLRC..

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the anawer is that he does not need a lawyer yet. he will when position papers are to be filed.

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