Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

company forcing employees to sign a quitclaim

View previous topic View next topic Go down  Message [Page 1 of 1]

1 company forcing employees to sign a quitclaim on Fri Aug 02, 2013 2:38 pm

sheng1124


Arresto Menor
Good Day!
My mom have been working in a construction firm for about 14 years now. And yesterday she was shocked when she was informed that she needs to sign a quitclaim and clearance because their payroll will charged to a different project site but still under the same company. This is not the first time that the charging will be transferred however this is the first time that she was asked to file a clearance and sign the quitclaim. I was on the web the whole day to find the answer if it is legal or not. Because she was informed today that if she will not sign those papers, she will lose her job effective immediately. My mom did not sign the papers and now she was informed that she no longer need to report to work but they did not give any written doc regarding that. And she was given until Sunday to leave the staff house. I don't think that's fair. And just to add up, for 14 years that she had been on that company, she was never regularized and kept on signing a "monthly contract", I am not even sure if our law permits that. Are there any legal actions that we can do?

Thank you so much for your time, any advice will be much appreciated.
Hoping for your kind response.

View user profile

attyLLL


moderator
the legal remedy is to file a complaint at nlrc.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

sheng1124


Arresto Menor
thanks for the responses.
however, I tried calling nlrc yesterday in behalf of my mom and they told me that what the company did was right because that's how the construction firm works. If the project is done then they have the right to remove employees. But the thing is, wala namang natapos na project because my mom was assigned for the warehouse office and not for any project site. And to think that her contract for this month is there and ready however the company said she can only sign it and continue with her job IF and ONLY IF she will sign the clearance and the quit claim. So to sum it up, wala na pong trabaho mother ko ngaun at pinaalis na dun sa staffhouse nila. Saan po ba kami unang pupunta? San po ba kami pwede lumapit?

View user profile

attyLLL


moderator
go to nlrc and fill up their form for a complaint. insist regardless if they advise otherwise. they hear construction and they automatically think project employee. did your mother sign a project employment contract? even so, continuous re-hiring over 14 years should make her, at least arguably, a regular employee.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

sheng1124


Arresto Menor
we already went to nlrc last week. we are advised to come back on the 14th for the hearing. is there anything sir that we need to prepare?

View user profile

sheng1124


Arresto Menor
Atty, when we talked to the company's lawyer on our first hearing, she said that what they did to my mom is legal since my mom is just a contract/project based employee. And she also mentioned that my mom cannot be considered as regular employee even she has been with the company for years because the rules in a construction firm is different from the labor code of a regular company. Please enlighten me, is that true? Is it true that my mom cannot win this case because rules for construction company is different? And also since my mom is assigned at the warehouse office and not for any project, is it still considered as a project based employment? The company is insisting that what they did was fair. They are asking my mom to just go back to work but still under the same condition that she has to sign the clearance and the quitclaim first before she can sign the contract. We are not sure if we can win this but my mom decided not to go back to that company since they said that her 14years of service is nothing and has no bearing.

View user profile

attyLLL


moderator
in that case, prepare for the filing of position papers. have your mom show that there was:

1) continuous re-hiring, list all the projects that your mother worked on.
2) if possible, that your mom was being made to work on different projects at the same time
3) if possible, that there were projects where she was assigned but there were no project contracts

send me an email at attylllaw @gmail. com if there is a sched for filing


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum