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verbal agreement

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1 verbal agreement on Thu Nov 11, 2010 1:56 pm

ycc2148


Arresto Menor
I worked as an Operations Manager since July 2007 to present. I have no contract with my employer. My employer died last month and the wife doesn't have any interest in continuing the business. The wife told me that she will let the brothers of his deceased husband take over the company. I do not want to work with them anymore. What is my right for the benefits as Operations Manager since everything is verbal-- the employment and compensation?

If i resign, will I be able to get a separation pay?

Another concern is, December last year, my employer convinced me to get a new car. Since I am not legible to have a car loan yet, it was put under his name. The initial cash out of that amounted to more or less P150,000 which he shouldered as my christmas bonus and December salary. Came January, he learned that I sold my old car and didn't give me my salary for the month of January because he told me that he added some P23,000 for insurance.

My monthly fixed salary amounts to 15,000 plus i get 10% of the total net profit which averages to 25,000.00.

Now, since the ammortization of the car is auto debited to the company's account, he was only giving me the 10% of net profit per month and my fixed salary automatically goes to ammortization. Problem is I have no payslip or receipt from him since he is the kind of person who based everything on trust. He also considered me as part owner of the company since he just financed the business and I operate.

Now that he is dead, I want the car to be transferred to my name and continue the ammortization but the family wants to get it. I also demanded that if they want the car, they must reimburse all that I have paid including the down payment because it should have been my bonus and 2 months salary.

I know it's all verbal. What will I do? Please help me.

Thank you.

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2 Re: verbal agreement on Thu Nov 11, 2010 3:49 pm

attyLLL


moderator
what is the nature of the business establishment? a corporation, partnership or sole proprietorship?

if you resign, you will not eligible for termination pay unless your employer agrees. it cannot be demanded as a right.

you will be hard pressed to prove your allegations regarding the car. you can show bank records that you were receiving less after the purchase of the car and the insurance.


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3 Re: verbal agreement on Mon Nov 15, 2010 8:42 am

ycc2148


Arresto Menor
we were in the food business and it's a sole proprietorship.

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4 Re: verbal agreement on Wed Nov 17, 2010 6:46 pm

attyLLL


moderator
in that case, you are technically the employee of the estate of the deceased owner. your employment does not survive his death; you can try claiming for separation pay. but this is a separate issue about the car.


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5 Re: verbal agreement on Thu Feb 10, 2011 3:49 pm

eric6b122007


Arresto Menor
AttyLLL for all this cases of verbal agreement of employment can the Dept of Labor has some remedies for this vague situation of our laborers because i always encounter many instances of this one especially those laborers and factory workers. Does the visitorial power of the DOLE works on this one. What immediate action will newly employed workers do or to go to any govt agencies to prevent this to happen. Please advised thanks.

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6 Re: verbal agreement on Thu Feb 10, 2011 7:23 pm

attyLLL


moderator
eric, the case of ycc is very specific about his car. for general requirements, the employer has to meet the minimum requirements of the law


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7 Re: verbal agreement Today at 2:09 pm

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