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question lang po

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1 question lang po on Wed Nov 30, 2016 1:25 am

bestia.nera

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Arresto Mayor
who has the burden of proof if employee accused employer of non payment of ot/holiday pay/working hours in nlrc?

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2 Re: question lang po on Wed Nov 30, 2016 4:08 am

council

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Reclusion Perpetua
Employee.

Employer is innocent unless employee can prove otherwise.

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3 Re: question lang po on Wed Nov 30, 2016 4:33 am

bestia.nera

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Arresto Mayor
G. R. No. 151849
Well-settled is the rule that in cases of non-payment and underpayment of salaries and wages, the employer has the burden of proof to show that the worker/employee has been paid all his salaries and wages since it has in its possession the proof of payment such as payrolls and/or vouchers (Sambalonay vs. Jose Cuevas, NLRC No. RB IV 186447, February 13, 1980) and in the absence of proof to the contrary, it is deemed that no payment has been made.

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4 Re: question lang po on Wed Nov 30, 2016 4:34 am

bestia.nera

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Arresto Mayor
your the admin here right? can you kick me out from this site? coz I was just testing,you are always with the management...

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5 Re: question lang po on Wed Nov 30, 2016 8:54 am

council

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Reclusion Perpetua
Thank you for your reference to the jurisprudence.

See, you say you're just testing. So was I.

For someone who asks a lot, you know a lot already with your research.

I don't have to kick you out. If you want to leave and not post anymore, that is all your decision.

And I did not say I am the admin here. You assume too much, and that's what can get you in trouble.

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6 Re: question lang po on Wed Nov 30, 2016 4:22 pm

HrDude


Reclusion Perpetua
bestia.nera wrote:your the admin here right? can you kick me out from this site? coz I was just testing,you are always with the management...

What a character. How's your DOLE complaint? How'd it go with your lawyer who gives you answers you only wanna hear? Good Luck

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