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

Illegal Dismissal

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

1 Illegal Dismissal on Tue Dec 01, 2015 6:28 am

missisem


Arresto Menor
Hi, my we are residing somewhere in Negros Occidental, my Uncle got fired on his job as a lending collector recently. He's on his way to report to work that morning when his co-worker called him to drop by their office first before he start to collect on the area assigned to him. When he arrived in the office they handed him a phone, his boss (General Manager) called via Viber. Asking why he only got 1 applicant to borrow money from them. He answered her that he was able to refer 4 and only 1 was approved. So his boss answered why "disapproved" when she was not able to disapprove anything. So My Uncle handed the phone to their Manager present in the office to support his claim that there are disapproved in his referral. Then after that The Boss talked to him again saying that it was his last day that day (Thursday November 12, 2015) and was told to return by Monday because they will compute his last pay I think. Also told him that he still got a payroll until the 15th and to return the motorcycle by Monday. My Uncle said Yes.

We already seek help from NLRC (National Labor Relations Commission) and from there we knew that it's not just illegal dismissal. On the form written: Backwages, Moral Damages, Wages Differentials due to under payment, Service Incentive Leave Pay, 13th Month and Separation Pay. With those written we would like to know how much will that cost the company if they will be paying him during or after the hearing.

When he was asked to return at the office Monday, he received a call that he needs to return the motorcycle that week (Saturday). And he did returned at the office Monday and they handed him a letter Release Waiver and Quitclaim and there stated that they will pay him 10,200.00 inclusive of everything. He work there from April 2012 to that day when they fired him (November 12, 2015) without any warning etc. He refused to receive the money they offered and filed a case in NLRC. After few days he received a call that he needs to report at the office because the Boss who's not in the country and currently having a vacation will call again and talk to him. They also informed him that they will again give him different computation. My Uncle refused. After couple of days The Boss had the Manager visit my Uncle at home and is lending him a letter which is a return to Work order, There stated that if he will not report to work within 5 days he will be considered AWOL. That letter has no signature affixed. He still refused since he was already terminated. After few days again he received 2 visitors lending him the same letter with the signature of the Manager present. Still my Uncle refused. After that he never received any calls nor visitors again.

We would like to know what's the computation of those 6 charges so that we will have a guide. Thank you so much and really do appreciate any help or advises you will give us. God Bless!

View user profile

2 Re: Illegal Dismissal on Tue Dec 01, 2015 9:01 am

council


Reclusion Perpetua
Backwages,
Moral Damages,
Wages Differentials due to under payment,
Service Incentive Leave Pay,
13th Month
and Separation Pay.


Why do you think you are entitled to all these?

You may be entitled to unpaid salaries, 13th month pay and tax refund only.
As to service incentive leave - you have to check company policy and if your uncle had paid days off then he might not be entitled to it anymore.

If you can prove illegal dismissal then computation of backwages are available only upon closure of the case.

You have to prove that you are entitled to the rest.

Moral Damages - you decide how much you think you are owed and why you think you deserve it.

What underpayment happened so that you feel you should be paid for it?

Separation pay? What does company policy say about it?

View user profile http://www.councilviews.com

3 Re: Illegal Dismissal on Tue Dec 01, 2015 11:55 am

missisem


Arresto Menor
Backwages,
Moral Damages,
Wages Differentials due to under payment,
Service Incentive Leave Pay,
13th Month
and Separation Pay.

Those charges was written on the form from NLRC.
Wage differential because his salary is below minimum, no contract upon employment and we have the payslips and letters they provided that was mentioned above.

I see, on Separation Pay so that still depends on the company? Thank you council.

View user profile

4 Re: Illegal Dismissal on Tue Dec 01, 2015 1:09 pm

council


Reclusion Perpetua
missisem wrote:Backwages,
Moral Damages,
Wages Differentials due to under payment,
Service Incentive Leave Pay,
13th Month
and Separation Pay.

Those charges was written on the form from NLRC.
Wage differential because his salary is below minimum, no contract upon employment and we have the payslips and letters they provided that was mentioned above.

I see, on Separation Pay so that still depends on the company? Thank you council.

Standard form - those are all written or typed on the complaint form but does not necessarily mean that you are entitled to them.

View user profile http://www.councilviews.com

5 Re: Illegal Dismissal Today at 4:03 pm

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