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1 New Member on Mon Jun 08, 2015 10:08 am

Sapphire983


Arresto Menor
Hello everyone! I am new here. Hoping to get a good legal advice on my problems. Thanks and God be with you!

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2 Re: New Member on Mon Jun 08, 2015 10:12 am

raheemerick


Reclusion Perpetua
post your concern

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3 Removal of Monthly House Rental Allowance on Mon Jun 08, 2015 10:36 am

Sapphire983


Arresto Menor
I am currently renting a unit which is being paid by my employer since my start of my employment with them.

Last week of May I requested for my monthly rental for the month of June. I made several follow-ups with the accounting but the Accountinh said there's no budget yet. By June 5 I made another follow-up and the Accounting told me that the company will no longer shoulder the payment for the unit I'm staying.

We do not have black and white agreement regarding the monthly allowance. It was all verbal. But I always file a Request for Budget for the release of my room rental.

Since they did not inform me ahead of time that they will no longer give me fund for my monthly rental, the contract with the Lessor was renewed last June 1 and the lessee name is my employer but I signed the contract.

Can my case fall under Article 100 Prohibition against elimination or diminution of benefits?

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4 Re: New Member on Mon Jun 08, 2015 10:49 am

raheemerick


Reclusion Perpetua
The basic principle under this provision is that where the employer practice or usage confers greater benefits than what the law actually provides, its validity is not affected by law and, more importantly, the employer may not cite the law as an excuse or justification for reducing the benefits under such contract or practice.

Jurisprudence, however, has expanded the scope of Article 100. In a long line of cases, the Supreme Court has liberally interpreted said article to be a general prohibition on employers against the elimination of employee supplements and benefits. The essence of the rule, as developed by the Supreme Court, is that when the grant to employees of certain benefits has evolved into company practice, said benefits cannot unilaterally be withdrawn or reduced by the employer. The employees have a vested and demandable right over them

the critical part here.. hndi naka saas sa contract mo ang agreement na yan. as gaya ng sabi mo.. verbally lng ang usapan.

imo.. parang hindi Sad

anyway.. lets wait muna sa ibang coments ng mga experst sa ganyang usapin:)

wait mo coments ni master landowner!

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5 Re: New Member on Mon Jun 08, 2015 11:04 am

Sapphire983


Arresto Menor
How about the contract? Stated lessee name is the employer. but since I am the one staying in the place I am the one who signed it for the employer. Can I use the contract for my employer be held responsible in paying the rent?

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6 Re: New Member on Mon Jun 08, 2015 11:16 am

raheemerick


Reclusion Perpetua
kung may conxent ng employer mo ang pag gamit sa name nila why not?

just base on my own exp.

name din ng employer q ang naka sign sa contract ng accomodation q. but with consent xempre.

so i am paying it personaly from my own pocket. then file reimbursnment,. and ok naman and terms.

sa case mo.. bukod sa hndi naka lagay sa employment contract mo ang ganyang benifit accomodation. and im not sure if my consent and name nila sa accomodation mo.

not expert on this. lets wait advice and opinion from the others.

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7 Re: New Member on Mon Jun 08, 2015 11:55 am

LandOwner12


Reclusion Perpetua
article 100 of the labor Code??
this code belongs under Minimum wage?
are you in this bracket???

well,
with the benefit. as stated by RaheemErick,
this is per company prerogative.
they can give, hold and cancel anytime without violating the labor code.
but as per good practice, once employee already availed the benefit, they can not take them back.
if they cancelled, they should re-imburse to the employee.

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8 Re: New Member on Mon Jun 08, 2015 1:20 pm

Sapphire983


Arresto Menor
I am above minimum wage earner.

I have been employed with my current employer for 10 months already and they have been providing me the budget for my room rental from then on.

They have also been providing rental allowance even before for the other employees.

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9 Re: New Member on Mon Jun 08, 2015 2:26 pm

raheemerick


Reclusion Perpetua
inamag na pm q hahaha:)

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10 Re: New Member on Tue Jun 09, 2015 2:12 pm

ofwgurl2010


Arresto Menor
hi po i'm new member ano po ba puede isampa kaso sa paggawa ng mga fake account sa fb? paano ko po sila mareklamo? puede po ba magreklamo sa mga municipality about that

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11 Re: New Member on Tue Jun 09, 2015 2:27 pm

raheemerick


Reclusion Perpetua
report to facebook team

but i doubt kung may mapala ka:)

wlang masama if you try:)

wlang magagawa ang municipality sa ganyan sad to say

if kilala mo ang gumagawa nyan at sinisira ka?

divert mo sa crime case ang concern mo:)

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12 Re: New Member on Tue Jun 09, 2015 8:08 pm

LandOwner12


Reclusion Perpetua
agree...

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13 Re: New Member on Sat Oct 17, 2015 5:37 pm

edselcanlas12


Arresto Menor


Magandang araw po. Ako po ay nakabuntis, 21years old po kami ng ex-girlfriend ko. Nagkahiwalay po kami nung 4months napo siyang buntis. Ngaun po nagreklamo sila sa barangay at humihingi ng sustento para sa pangangailangan ng magiging anak ko. Nagkaroon po ng kasunduan, humingi ng kaukulang halaga na 4,000 ung nabuntis ko every month at nakasaad dn po sa kasunduan na ako lahat sasagot ng gastusin sa panganganak at sa pagkakasakit ng bata. Wala po akong trabaho, umaasa parin po ako sa aking ina, huli napo nung nakapag research ako tungkol sa ganitonh kaso na wala po palang kaukulang halaga sa pagsuporta sa bata. At dapat po diba hati kami ng ina sa gastos. Ang habol kolang po mabago sana ang kasunduan sa barangay level. Posible po ba un? Masgusto kopo maging legal lahat. Napirmahan kona po kasi ung barangay agreement na nakasulat lang po sa logbook nila. Nais kopong mabago ang kasunduan ayon sa kakayahn kong sumuporta sa bata. Salamat po




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14 Re: New Member Today at 5:58 pm

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