Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

business software with expiration is sabotage?

View previous topic View next topic Go down  Message [Page 1 of 1]

1 business software with expiration is sabotage? on Thu Oct 22, 2015 12:22 pm

borntodoit14


Arresto Menor
Hi to all the members of pinoy lawyers

Just want to ask for comments or suggestions regarding my situation.

2006, i was hired as a web developer of a travel agency. They need to improve their website and do some graphics. I accepted it even the salary is 10k only.

As time goes by i getting to know more about the company problems. One of the main problem of the company is their business software made by outsource programmer. These programmers they been maintaining the system for monthly service fee of 6k and then 2008 it became 10k.
The system full of defects and so slow.

2007 and 2008, because i'm a hardworking person he gave me some tours to hongkong with pocket money. I treated that as a incentives

2010, my boss had enough with their system he wants to improve their system. He was looking for a new programmer that will do their system. I represent myself. I told him after i developed the system lets talk about the payment scheme, so no actual payment made for the system itself. After 6months i finished the system. I told him i want the same payment as outsource programmers. It is seperate from my main salary, in short it is excluded from my salary of 3k per month for maintaining the system. He agreed.

2011, it was implemented. So monthly i receiving additional 3k aside from my salary. In short i have two jobs in the company

Aside from the system he also requested to create a payroll system which became a part of job. No additional payment for this task. So i finished the task. Now everything is in placed

2012, he give me additional jobs as tech support and he promise me that he will be giving me something that i deserved. After a few years i waiting for that but it is nothing. Promise broken.

So now i am web developer, graphics and tech support earning net income of 24k.

There are some cases we been arguing about the things in the company.

I modify the system without his consent
I put expiration to the system. This is for security only. That i want to ensure that all of my hardwork will not go into nothing.

2015, i decided to resign and told him i still the one to handle the maintain of their system but he ignored me everytime i saying that to him. He allowed me to resigned in 1 condition i need to finish the expo event he organized and he will treat my resignation as early retirement and he will pay me as per law like basic salary times number of year of service. I agreed and i finished the expo. Tinupad nya nmn un napag usapan.

But he is really mad the last time we talked. Maybe because i am leaving his company

After a month after i resigned. No calls but text from him asking for source code of the website, he wants to add something to the website. I asked him why just tell me want you want and i will modify it for you. He didnt reply. So i gave him the source because that is not mine that is part of my job description

So from there i can considered that he dumped me.

Oct 2015, the system expired. He email me that is sabotage because that system is property of the company. He will file a legal case if i not fix it.

I reply to him, he didnt own he system. I asking him to pay what we have agreed. I extend the expiration and still he didnt pay me.

Quick review. The system is monthly retainer fee (paid separately). NO CONTRACT. my job description is web dev and graphic.

If you think i am wrong i am willing to remove the expiration.

I need your opinion and suggestion.

Thanks a lot... godbless

View user profile

attyLLL


moderator
I hope you can prove that this was meant to be a separate undertaking because on its face, you appear to have been an employee of that company, thus all work product that you produced while under them is considered their property.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

borntodoit14


Arresto Menor
attyLLL wrote:I hope you can prove that this was meant to be a separate undertaking because on its face, you appear to have been an employee of that company, thus all work product that you produced while under them is considered their property.

Hi Sir AttyLLL,

Thanks for the reply. I really appreciate it.

Yes I have a vouchers as a proof of that he agreed on this agreement.

Sir I don't attain what is not mine.

All projects/design I produced under web & graphic, I already surrendered to him.

If that is the case, Do I have a chance to win this situation?

or ask him to give me a proof that he own that application?

Any suggestion on what to do?

Thank you Sir. God bless...

View user profile

attyLLL


moderator
if they actually file a case against you. it will depend on the evidence which party will win


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

borntodoit14


Arresto Menor
attyLLL wrote:if they actually file a case against you. it will depend on the evidence which party will win

Ok thank you so much AttyLLL.

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum