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Money Settlement

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1 Money Settlement on Tue Jun 24, 2014 9:34 pm

hashie_445


Arresto Menor
Attorney/s,

I filed Illegal Dismissal sa DOLE against sa previous company ko. Gustong makipag-settle na lang ng dating company ko.

Ang question po, kung papayag ako sa money settlement, mga magkano ang pwede ko i-demand?

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2 Re: Money Settlement on Wed Jun 25, 2014 6:18 am

council


Reclusion Perpetua
hashie_445 wrote:Attorney/s,

I filed Illegal Dismissal sa DOLE against sa previous company ko. Gustong makipag-settle na lang ng dating company ko.

Ang question po, kung papayag ako sa money settlement, mga magkano ang pwede ko i-demand?

Kahit magkano, basta reasonable, and magkasundo kayo.

Anything too much and siguradong magkikita kayo sa NLRC para mag file ng position paper at magbayad ng abugado.

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3 Re: Money Settlement on Wed Jun 25, 2014 9:58 am

Patok


Reclusion Perpetua
magkano ba monthly salary mo?? then ilang years service mo?? multiply mo yun.. so the figure should be close to that..

example: 10,000 a month.. for 10 years of service.. so 100T dapat ang settlement.. or near that figure.

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4 Re: Money Settlement on Wed Jun 25, 2014 10:02 am

council


Reclusion Perpetua
Next question is - was due process observed?

What was the reason for the dismissal?

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5 Re: Money Settlement on Wed Jun 25, 2014 4:37 pm

rhonatupaz


Arresto Menor
kulang pla bnyad sken ng company ko d nung ngpadole aq last nov. 2013. 2 yrs. aq sknla. 12,500 lng bnyad nla. tpos d na nla hinulugan ung philhealth ko. eh knakaltasan nla ko nun. forced to resign pa gnwa nla sken dhil lang sa preggy aq.

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6 Re: Money Settlement on Wed Jun 25, 2014 4:40 pm

council


Reclusion Perpetua
rhonatupaz wrote:kulang pla bnyad sken ng company ko d nung ngpadole aq last nov. 2013. 2 yrs. aq sknla. 12,500 lng bnyad nla. tpos d na nla hinulugan ung philhealth ko. eh knakaltasan nla ko nun. forced to resign pa gnwa nla sken dhil lang sa preggy aq.

tapos na yan kung nagpunta ka na ng DOLE at nag settle kayo.

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7 Re: Money Settlement on Wed Jun 25, 2014 8:06 pm

hashie_445


Arresto Menor
Patok wrote:magkano ba monthly salary mo?? then ilang years service mo?? multiply mo yun.. so the figure should be close to that..

example:  10,000 a month.. for 10 years of service.. so 100T dapat ang settlement.. or near that figure.


P24,000 monthly salary, pero isang buwan lang nag-stay then nagkaroon na ng Illegal Dismissal.

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8 Re: Money Settlement on Wed Jun 25, 2014 8:08 pm

hashie_445


Arresto Menor
council wrote:Next question is - was due process observed?

What was the reason for the dismissal?

Due process was not observed. "Hearing" was missing on the process.

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9 Re: Money Settlement on Wed Jun 25, 2014 8:10 pm

council


Reclusion Perpetua
hashie_445 wrote:
council wrote:Next question is - was due process observed?

What was the reason for the dismissal?

Due process was not observed. "Hearing" was missing on the process.

Hindi pa rin tapos yan?

At best you might be able to get 30K for it for lack of due process.

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10 RE: Money Settelements on Wed Jun 25, 2014 11:12 pm

thequeenB


Arresto Menor
Hi,

I have mediation this coming July. I am praying for Reinstatement. Complaint was due to illegal dismissal w/o due process. I was with the company for 2 years. Basic Salary is 25k plus 4k allowance. How much do you think I will ask for the settlement? Can I ask already for damages?

Thanks!

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11 Re: Money Settlement on Thu Jun 26, 2014 5:24 am

council


Reclusion Perpetua
thequeenB wrote:Hi,

I have mediation this coming July. I am praying for Reinstatement. Complaint was due to illegal dismissal w/o due process. I was with the company for 2 years. Basic Salary is 25k plus 4k allowance. How much do you think I will ask for the settlement? Can I ask already for damages?

Thanks!

If you ask for reinstatement, that's the settlement already. If you ask for damages, the mediation will terminate and you will go for hearing and file your position paper already.

reinstatement and damages usually do not go together.

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12 Re: Money Settlement on Thu Jun 26, 2014 11:36 am

Patok


Reclusion Perpetua
either you ask for reinstatement or damages.. damages will only come in if reinstatement is not possible.

to hashie.. 1 month ka pa lang? i suggest you just moved on.. baka malaki pa magastos mo kesa makuha mo..

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13 Re: Money Settlement on Tue Jul 08, 2014 9:42 pm

thequeenB


Arresto Menor
Thank you for the response. How about back wages? Can I ask for the salary I was supposed to earn if they did not dismissed me illegally? I was out of work for 4mos now.

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14 Re: Money Settlement on Wed Jul 09, 2014 6:38 am

council


Reclusion Perpetua
thequeenB wrote:Thank you for the response. How about back wages? Can I ask for the salary I was supposed to earn if they did not dismissed me illegally? I was out of work for 4mos now.

You can ask, but you have to support that you are entitled to it.

Generally for an illegal dismissal case involving a lack of due process (but with valid reason) you may be entitled to nominal damages that can be up to 30K - once the court (not DOLE or NLRC) rules on it.

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15 Re: Money Settlement Today at 11:08 am

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