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Illiegal Dismissal

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1 Illiegal Dismissal on Sat Jun 14, 2014 5:50 pm

jygz


Arresto Menor
Me and my co-worker as terminated last May 21st. We felt like the decision was too harsh considering on what we did. We went to NLRC to file an illegal dismissal complaint. We'll have our mediation this coming June 19.

I just wants to ask a couple of questions just in case our employer doesn't agree with our demands:

1). Binabayaran lang po ang OT nmin kung more than 30 minutes. example: kung 20 minutes lang ang OT, they won't pay it. pde po b nming iinclude ito s complaint? ano ang stand nmin dito just in case?

2). We will be are asking for reinstatement plus 1 month financial assistance. In case they declined, we'll be asking 3 months of our salary as financial assistance then we'll ask them to remove the terminated status. Is this reasonable?

3). In case n kailanganin nmin ng abogado, we'll appreciate if someone can be referred to us. Pde rin b kming magask ng assistance s PAO?

Thank you and More power..

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2 Re: Illiegal Dismissal on Sat Jun 14, 2014 8:11 pm

council


Reclusion Perpetua
jygz wrote:Me and my co-worker as terminated last May 21st. We felt like the decision was too harsh considering on what we did. We went to NLRC to file an illegal dismissal complaint. We'll have our mediation this coming June 19.

I just wants to ask a couple of questions just in case our employer doesn't agree with our demands:

1). Binabayaran lang po ang OT nmin kung more than 30 minutes. example: kung 20 minutes lang ang OT, they won't pay it. pde po b nming iinclude ito s complaint? ano ang stand nmin dito just in case?

2). We will be are asking for reinstatement plus 1 month financial assistance. In case they declined, we'll be asking 3 months of our salary as financial assistance then we'll ask them to remove the terminated status. Is this reasonable?

3). In case n kailanganin nmin ng abogado, we'll appreciate if someone can be referred to us. Pde rin b kming magask ng assistance s PAO?

Thank you and More power..

1. If you did not include it in the original complaint, you might not be allowed to do so anymore.

2. Reinstatement + financial assistance does not go together - if you ask for the former, there is no reason to have the latter. The financial assistance is their 'help' since you will not have a job in the meantime. "Reasonable" depends on the circumstances surrounding your employment and the reasons for your termination.

Was there a failure to comply with due process (notice, hearing, decision)? If everything was done properly, your illegal dismissal complaint may be dismissed.

3. PAO is fine. If you get your own lawyer, you may pay 25-40% of your winning amount.

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3 Re: Illiegal Dismissal on Sat Jun 14, 2014 8:20 pm

jygz


Arresto Menor
Thank you for the immediate reply. Can I just ask one last question? We were able to include the OT issue during the complaint. Valid po b ung complaint nmin? What's the gravity of the case, in case mapatunayan nmin na hindi nila binabayaran ang OT ng tama for the past couple of years..

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4 Re: Illiegal Dismissal on Sat Jun 14, 2014 8:24 pm

council


Reclusion Perpetua
jygz wrote:Thank you for the immediate reply. Can I just ask one last question? We were able to include the OT issue during the complaint. Valid po b ung complaint nmin? What's the gravity of the case, in case mapatunayan nmin na hindi nila binabayaran ang OT ng tama for the past couple of years..

Money claims is allowed up to 3 years only. Anything past that might not be paid.

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5 Re: Illiegal Dismissal on Sat Jun 14, 2014 11:02 pm

jygz


Arresto Menor
1). Binabayaran lang po ang OT nmin kung more than 30 minutes. example: kung 20 minutes lang ang OT, they won't pay it. pde po b nming iinclude ito s complaint? ano ang stand nmin dito just in case?

jygz wrote:Thank you for the immediate reply. Can I just ask one last question? We were able to include the OT issue during the complaint. Valid po b ung complaint nmin? What's the gravity of the case, in case mapatunayan nmin na hindi nila binabayaran ang OT ng tama for the past couple of years..


Money claims is allowed up to 3 years only. Anything past that might not be paid.


we really don't intend to claim any money from the OT issue. gusto lang po sana nmin itama ung mali nila, kung mali nga tlaga ung ginagawa nilang hindi pagbabayad regarding overtime.. gusto lang sna nmin malaman kung pde nmin ireklamo un at kung anong parusa kung sakali..

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6 Re: Illiegal Dismissal on Sun Jun 15, 2014 6:43 am

council


Reclusion Perpetua
jygz wrote:
we really don't intend to claim any money from the OT issue. gusto lang po sana nmin itama ung mali nila, kung mali nga tlaga ung ginagawa nilang hindi pagbabayad regarding overtime.. gusto lang sna nmin malaman kung pde nmin ireklamo un at kung anong parusa kung sakali..

I don't see the point na i-reklamo mo para maparusahan kung hindi nyo i-claim ang kabayaran.

Pag nagreklamo ka at nasa tama ka, pababayaran sa kanila ang dapat, kung within 3 years.

Pag "expired" na ang pinaglalaban mo, dismissed and complaint mo.

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7 Re: Illiegal Dismissal on Sun Jun 15, 2014 11:12 am

jygz


Arresto Menor
I guess marami pa kong maitatanong after ng reconciliation. For now, maraming salamat. GOD bless and more power..

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8 Re: Illiegal Dismissal Today at 12:31 pm

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