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Office wiped out by Yolanda Storm Surge [Tacloban City]

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HTC_skid


Arresto Menor
Hi. Our office [Tacloban City] was wiped out by the storm surge during Super Typhoon Yolanda. The building where our office used to stand was totally wiped out, including the equipment and all records. The Employees and Employer are working with and consulting each other so that it will be an "everybody happy" result since both the employer and employees were gravely affected by Yolanda.

We are consulting each other as to the following issues:

1. Is the employer liable to pay salary only for the days worked by the employees until nov.7? [since Yolanda struck us Nov.8]

The employer plans to give the employees salary counted up to the 15th, but would like to ask nevertheless.

2. Since nawasak yung office, suspended muna and no work until maayos ASAP hopefully by January or February. Liable ba ang employer magbayad ng minimum amount for the months na walang work? Willing naman po magbigay ng kahit allowance and relief goods ang employer.

3. Is the 13th month pay prorated counting up to November only?

4. The office was only renting the building which was destroyed by the waves, storm surge. Does this mean that the Lease contract is deemed terminated? Last year 2012 lang kasi narenew ang lease contract, and 2022 pa ang termination. Ok lang ba na di na ituloy ang lease contract based on the ground na nawasak ang office due to yolanda? Gusto kasi ng employer maghanap at magrestart asap ng operations and not to wait on the rebuilding of the leased building.

We'd like to be sure. Okay naman po employer namin, tumulong pa nga sa families ng mga namatay na employees during the typhoon. We just want to know what the legal standards in our case are para may basis and the employer will give additions nalang.

I greatly appreciate your answers. Maraming Salamat in advance.

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HTC_skid


Arresto Menor
still hoping for feedback on this. Thanks in advance!

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rimyrf79


Arresto Menor
Una ay nakikiramay po ako sa mga pamilyang nsalanta ng delubyong nagdaan dyan sa Tacloban. To your first query (No.1) Affirmative, principle of "no work no pay" will then apply here. The rest of your queries the answer would be in the Negative, employer can not be compelled to pay what he can no longer capable of giving note that this is an effect of force majeure "an Act of God" and therefore, beyond anybody's will, with regard 13th month pay the employer does not grant this it is granted by law therefore it should be given accordingly without any diminution whatsoever unless due to devastating effect of the employer's business to the point that it can no longer resume operation then logically there is nothing to give anymore. The contract of lease may be extinguished by the total destruction of the property subject of the lease this is axiomatic ano pa ang ilelease kung wala na ang property.

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