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lack of company license and benefits

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1 lack of company license and benefits on Mon Nov 22, 2010 5:46 pm

kwish_26


Arresto Menor
I've been working as an online tutor for almost 3 years. I don't have a contract since my agreement with my employer was verbal. After a year of working at the office, I and some others were convinced to work home-based due to the problem of overcrowding in our office. Then, after a long persuasion from my co-employees, my employer, who was a Korean national finally decided to secure a license for our growing school. It was my Filipino manager who filed for it. Those who were working at the office received benefits such as SSS and philhealth. Other benefits such as holiday pay, night shift differential, etc. weren't recognized. On the other hand, the only benefit I and the other home-based employees received was the 13th month pay.

But this year, I was informed that the company license was terminated. The BIR taxes weren't paid since our manager had been on an indefinite leave and cannot be contacted. My employer also refuses to give us our 13th month pay for the lack of license. She also mentioned that our employment status now is just part-time and she can fire us any time she pleases.

I feel violated. Please tell me if I have a right to feel so. Am I entitled to the benefits and 13th month pay? May habol po ba kmi if she fires us?

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2 Re: lack of company license and benefits on Mon Nov 22, 2010 8:23 pm

attyLLL


moderator
is the employer here in the philippines? if so, yes, you can file a case and it can prosper. if she is outside, then it will be very difficult.


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3 Re: lack of company license and benefits on Mon Nov 22, 2010 8:32 pm

kwish_26


Arresto Menor
sir, thank you so much for the immediate reply. yes, she is staying here but not permanently.

what first step should we take?

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4 Re: lack of company license and benefits on Mon Nov 22, 2010 8:37 pm

attyLLL


moderator
talk to her first, but do it nicely, else she might just close shop and all of you will be left with no job.

if you are forced to file a case, you just need to go to nlrc and fill a form.


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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.
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5 Re: lack of company license and benefits on Mon Nov 22, 2010 9:07 pm

kwish_26


Arresto Menor
I guess it will be a choice between practicality and principle. Thank you so much sir. Your counsel sparked hope and optimism. God bless you.

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6 Re: lack of company license and benefits on Thu Feb 10, 2011 3:38 pm

eric6b122007


Arresto Menor
AttyLLL and Ms kwish_26 thats the way some of the korean firms here in the Phils they dont give contract to their employees even if they have been working for more than a month. And its a pity because of the Foreign investment act that any foreigner who wants to have business here in the phils can do so even for more than 60% capitalization EXCEPT if they the industry was considered on the NEGATIVE LIST like utilities,communications etc. I felt dismayed because we are in our country and we feel maltreated and violated of our rights by this foreigner MUCH MORE if we can amend our constitution by giving them priveledge to own land here. The COMMON DENOMINATOR is THEY HAVE LOTS OF MONEY and our govt officials are corrupt and can be easily used by them. TRY TO INVESTIGATE THIS IS TRUE

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