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acts of laciviousness

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1 acts of laciviousness on Wed Jan 31, 2018 11:23 am

simple plan


Arresto Menor
nag reklamo po ang department leader namin sa akin nang immoral advances or lacivious acts dahil nag leave in po kami nang girlfriend ko. pinadala kasi kami sa ibang bansa at wala po yon sa contrata namin regading po sa accommodation namin. tapos pina aga po ang uwi ko dahil daw sa serious misconduct ko. napahiya po kami. pero sa investigasyon po ay wala ho kaming penalty. ano po ho ba pwedeng gawin ko po? pwede po ho ba akong mag resign?meron kasi akong binding contract. salamat.



Last edited by simple plan on Wed Jan 31, 2018 12:09 pm; edited 1 time in total (Reason for editing : kulang at may typo error.)

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2 Re: acts of laciviousness on Wed Jan 31, 2018 1:32 pm

mikos23

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Reclusion Perpetua
you can resign anytime you want, however, you might be penalized if you have a binding contract.

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3 Re: acts of laciviousness on Wed Jan 31, 2018 4:32 pm

simple plan


Arresto Menor
mikos23 wrote:you can resign anytime you want, however, you might be penalized if you have a binding contract.

ART. 300. [285] Termination by Employee. — (a) An employee may terminate
without just cause the employee-employer relationship by serving a written notice
on the employer at least one (1) month in advance. The employer upon whom no
such notice was served may hold the employee liable for damages.
(b) An employee may put an end to the relationship without serving any notice
on the employer for any of the following just causes:
1. Serious insult by the employer or his representative on the honor and person
of the employee;

2. Inhuman and unbearable treatment accorded the employee by the employer
or his representative;

bakit po meron sa labor code of the phils 2017?

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4 Re: acts of laciviousness on Thu Feb 01, 2018 6:48 am

mikos23

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Reclusion Perpetua
The issue here is if "pwede" ka mag resign.

As I have stated, "YES" you can resign anytime. It is your right to leave the company.

That part that you highlighted is about immediate resignation, without rendering the 30 days notice. But be careful when using it, because it always depends on the interpretation on the situation.

Now, when I stated that you might be penalized when you leave is because of any bond that you have signed. If there is any training bond, or statement in your contract that you must render x days/years of service. Some company does sue for damages for not adhering to your contracts.

Hope this helps.

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5 Re: acts of laciviousness on Mon Feb 05, 2018 9:21 am

simple plan


Arresto Menor
is my company held accountable for the moral damages? and my binding contract could be waived?

parang pinag iinitan na kasi ako nang Department leader ko ho kasi dahil abswelto kami sa reklamo nya po.

gustohin ko man na umunlad lng po dito sa pilipinas e hirap ho dahil nasa mataas na position ang kalaban ko ho. mahirap ang promotion. sa sitwastyon ko ngayon parang malabo na ata yon.

wala kasing salary increase annually sa amin. kaya nag aantay lang kami sa promotion para madagdagan naman ang sahod namin.

kaya ho gusto ho sanang mag resign dito ho pero wala naman akong pambayad sa binding ko. 250k kasi ang bayad. wala hong training na ginawa ko doon sa ibang bansa. trabaho lng po lahat.

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6 Re: acts of laciviousness on Mon Feb 05, 2018 10:06 am

lukekyle


Reclusion Perpetua
yes the company CAN be held liable for moral damages if manalo ka sa complaint but for that to happen you need to file a complaint muna sa HR then if walang action si HR file ka ng complaint sa NLRC.

yung sa damages may breakdown ba yung 250k? If all is for training and you can prove na walang training na nangyari or the employer fails to prove na 250k nga yung worth nun, then hindi nya ito masisingil from you. For training bonds kelangan iprove ng employer na talgang may ginastos na ganung amount. They are not allowed to profit from it

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7 Re: acts of laciviousness on Mon Feb 05, 2018 10:37 am

simple plan


Arresto Menor
lukekyle wrote:yes the company CAN be held liable for moral damages if manalo ka sa complaint but for that to happen you need to file a complaint muna sa HR then if walang action si HR file ka ng complaint sa NLRC.  

yung sa damages may breakdown ba yung 250k?  If all is for training and you can prove na walang training na nangyari or the employer fails to prove na 250k nga yung worth nun, then hindi nya ito masisingil from you.  For training bonds kelangan iprove ng employer na talgang may ginastos na ganung amount.  They are not allowed to profit from it

thank you for your quick respose sir.

hindi po ako nag file nang complaint kasi babae po ang Department leader nami tapos nagdadalang tao po. baka ho ma stress ako pa ang dahilan kung anu man ang mangyari po sa kanya.


antayin ko nlng po hanggang makabalik na sya trabaho. nag maternity leave na ho kasi.

hindi ho kami nagkaroon nang comprontasyon sa DL ko po. wala man lang paliwanag na nangyari. wala ring closure pagkatapos sa imbestigasyon nang hr namin. binigyan lng ho kami nang liham na abswelto kami sa paratang.

sa 250k po ay sa obligatory service ho dahil sa kadahilinan na pinadala ho kami sa ibang bansa.

kung gusto nyo hong mabasa ang contrata e private message ko nalang po.

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8 Re: acts of laciviousness on Mon Feb 05, 2018 11:14 am

simple plan


Arresto Menor
ito pala ang detalye sa 250k po

Binding Contract

WITNESSETH

WHEREAS, (OUR COMPANY) desires to send TTE temporarily to (Overseas COMPANY) under the agreement with (Overseas COMPANY) in order to
contribute ‘Cost down and Profit making’ of (OUR COMPANY) and (Overseas COMPANY) and to develop his or her engineering capability
for future development of (OUR COMPANY);
WHEREAS, TTE desires to work with (Overseas COMPANY) as a temporarily transferred employee from (OUR COMPANY) to (Overseas COMPANY) in
order to contribute ‘Cost down and Profit making‘ of (OUR COMPANY) and (Overseas COMPANY) and to develop his or her engineering
capability for future development of (OUR COMPANY);

NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, (OUR COMPANY) and
TTE hereby agree as follows:

1. TTE agrees to complete the entire assignment with (Overseas COMPANY) and agrees to remain employed with (OUR COMPANY)
upon his/her return to the Philippines rendering obligatory service for at least three (3) years.
2. in case the TTE resigns or terminates his/her employment with (OUR COMPANY) or is separated for any of the just
causes under the law, before or anytime prior to the completion of his/her obligatory service for at least
three (3) years, (OUR COMPANY) shall have the right to recover from TTE certain costs such as but not limited to
the following: airfares, accommodations, allowances, and other expenses incurred during (Overseas COMPANY)
assignment. _
3. For TTE’s non-fulfiilment of the entire assignment and obligatory service the following shall be observed:
3.1 For non-fulfillment of the entire assignment the payment shall be Php 150,000.00
3.2 For non-fulfillment of the obligatory service, the service rendered shall be considered reckonable
and the computation of the costs to be paid by TTE shail be reduced according to the schedule
hereunder.
Period of Service Amount to be Paid
- 0 to 6 Months - 250,000
7 to 12 Months 200,000
13 to 18 Months 150,000
19 to 24 Months 100,000
25 to 30 Months 50,000
31 to 36 Months 25,000
3.3 For breach of contract, payment shall be made by TTE on or before resignation effectivity.
3.4 This binding contract becomes due and demandable should the TTE decides to terminate his/her
employment with (OUR COMPANY). The outstanding balance paid in a staggered manner shall be charged an
interest rate of twelve percent ('l2%)_ per annum until fully paid, based on diminishing principal
balance, and shall be amortized over a duly approved specific period.
3.5 All payments must be in cash and/or check.
in case TTE shall not comply with paragraph 3, (OUR COMPANY) shall sue the TTE for damages for breach of
contract.
Two (2) immediate family members (father, mother, spouse and etc,) of the TTE shall be the guarantors
and shall guarantee the execution of this Binding Contract by signing hereunder.
ln case the TTE will not pay, the Guarantor shall pay to (OUR COMPANY).



ito na po ang binding contract. malaki po ang kaltas sa sahod namin sa companya namin nung pinadala ho kami sa ibang bansa.

may kaltas din ho ang accomodation namin sa sahod ho namin.

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9 Re: acts of laciviousness on Mon Feb 05, 2018 11:51 am

lukekyle


Reclusion Perpetua
they will try to recover that from you, ultimately it will be up to the judge to decide how much you need to pay.

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10 Re: acts of laciviousness on Mon Feb 05, 2018 1:21 pm

simple plan


Arresto Menor
lukekyle wrote:they will try to recover that from you, ultimately it will be up to the judge to decide how much you need to pay.



thank you very much for the reply.

is the company will be held accountable also for moral damages and breach of contract?
my DL is a representative of the company. based on the labor code.

ART. 300. [285] Termination by Employee. — (a) An employee may terminate
without just cause the employee-employer relationship by serving a written notice
on the employer at least one (1) month in advance. The employer upon whom no
such notice was served may hold the employee liable for damages.
(b) An employee may put an end to the relationship without serving any notice
on the employer for any of the following just causes:
1. Serious insult by the employer or his representative on the honor and person
of the employee;

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11 Re: acts of laciviousness on Mon Feb 05, 2018 1:46 pm

mikos23

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Reclusion Perpetua
Ok, let's talk about this.

Facts of the case
- you went abroad for training together with a girl, (whether she's your girlfriend is not an issue).
- nag live in kayo ng girl - slept in 1 accomodation
Assumption - you are both single.

Your DL have the right to call you on those violation that she filed because its against morals either with your company or other company, for non-married couple sleeping in 1 accommodation. Thus the investigation process started and in which you had proven her wrong.

now, the question is can you use this for your immediate resignation

"(b) An employee may put an end to the relationship without serving any notice
on the employer for any of the following just causes:
1. Serious insult by the employer or his representative on the honor and person
of the employee;"

In my opinion it is no. As I have stated, it is part of your DL responsibility to call you on your situation that brought up the said "offense", so there is no insult and/or moral damages.. unless you want to add something to these facts and evidences.


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12 Re: acts of laciviousness on Mon Feb 05, 2018 1:55 pm

lukekyle


Reclusion Perpetua
kulit mo sinagot ko na yan. "yes the company CAN be held liable for moral damages if manalo ka sa complaint but for that to happen you need to file a complaint muna sa HR then if walang action si HR file ka ng complaint sa NLRC. "

Not for breach of contract, wala silang nilabag sa contract mo

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13 Re: acts of laciviousness on Mon Feb 05, 2018 2:17 pm

simple plan


Arresto Menor
lukekyle wrote:kulit mo sinagot ko na yan. "yes the company CAN be held liable for moral damages if manalo ka sa complaint but for that to happen you need to file a complaint muna sa HR then if walang action si HR file ka ng complaint sa NLRC. "

Not for breach of contract, wala silang nilabag sa contract mo

salamat po sa reply. pasensya na po.

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14 Re: acts of laciviousness on Mon Feb 05, 2018 3:32 pm

simple plan


Arresto Menor
mikos23 wrote:Ok, let's talk about this.

Facts of the case
- you went abroad for training together with a girl, (whether she's your girlfriend is not an issue).
- nag live in kayo ng girl - slept in 1 accomodation
Assumption - you are both single.

Your DL have the right to call you on those violation that she filed because its against morals either with your company or other company, for non-married couple sleeping in 1 accommodation. Thus the investigation process started and in which you had proven her wrong.

now, the question is can you use this for your immediate resignation

"(b) An employee may put an end to the relationship without serving any notice
on the employer for any of the following just causes:
1. Serious insult by the employer or his representative on the honor and person
of the employee;"

In my opinion it is no. As I have stated, it is part of your DL responsibility to call you on your situation that brought up the said "offense", so there is no insult and/or moral damages.. unless you want to add something to these facts and evidences.



thank you very much for the detailed explanation.

"nag live in kayo ng girl - slept in 1 accomodation
Assumption - you are both single."

this is the root cause. the fact is the accomodation has 3 rooms and we slept separatedly. that is why the the case is dismissed. it is an apartment actually with common kitchen ang living room.

regarding morals in our company and overseas company. they have no problem regarding about married or not. some of my coworkers now are in live-in status. they don't bother of our status outside as long as we work. thats all.

it is not stated there in our contract regarding our accommodation. the only thing there is we pay it through our overseas company and they pay the landlord. the rules stated separatedly is that only employees from our company can stay the accommodation. and my real reason for this is that it stated also in the contract that if we invite relatives and friends from the philippines is that they are allowed to stay in the apartment given the information to the landlord.

if we cannot abide to the rules in our accommodation we need to find for ourselves. but they don't let us because the overseas company can get the refund of our payment because we stayed in 1 apartment with multiple tenants. we don't share the payments, we pay it individually. that is why they hold us from not finding any apartment.


the overseas company does not penalize us but revised the house rules due to the incident. the rules is that we cannot enter to other apartments without there consent.

below is some of the intra-company contract:
13. Addition
Any issues related to lntra-company Transferee that are not specified in the Contract shall
be determined and solved amicably with agreement of (our company) and TTE(myself).


there is no agreement happen between me and my company. (our company and overseas company)they are the only one who decides for my early return to our office in PH.

i contested but the explanation of the overseas company is that the contract is not breached because eventhought i don't reach six months based on days but they explain that the real counting is by month. eventhought i have already a ticket for my return they will adjust it earlier due to the serious misconsuct that my DL imposed.

for me there is no proper investigation happen but they imposed penalty immediately. the investigation happens only when i already returned to office. that is why i thought there might be a breach of contract.

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15 Re: acts of laciviousness on Tue Feb 06, 2018 10:17 am

simple plan


Arresto Menor
mikos23 wrote:Ok, let's talk about this.

Facts of the case
- you went abroad for training together with a girl, (whether she's your girlfriend is not an issue).
- nag live in kayo ng girl - slept in 1 accomodation
Assumption - you are both single.

Your DL have the right to call you on those violation that she filed because its against morals either with your company or other company, for non-married couple sleeping in 1 accommodation
. Thus the investigation process started and in which you had proven her wrong.

now, the question is can you use this for your immediate resignation

"(b) An employee may put an end to the relationship without serving any notice
on the employer for any of the following just causes:
1. Serious insult by the employer or his representative on the honor and person
of the employee;"

In my opinion it is no. As I have stated, it is part of your DL responsibility to call you on your situation that brought up the said "offense", so there is no insult and/or moral damages.. unless you want to add something to these facts and evidences.




about the morals. why is the complaint is serious misconduct( immoral advances or lascivious acts[including sexual harassment] while performing thier duties inside or outside the company premises)?

is she capable of complaining for this? i did not do anything to her or to my girlfriend. the only thing she made that complaint is because someone of my coworkers inform it to her that we stayed in one apartment. is this a reason for ground for the said complaint?

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16 Re: acts of laciviousness on Tue Feb 06, 2018 1:06 pm

mikos23

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Reclusion Perpetua
I suggest you read first your first memo telling you to explain.

In that memo it will state what incident transpired that bring about that memorandum,
(in this case that you are living together with a girl that is not your spouse).

Then it will state you are in probable violation of the said policy - "serious misconduct( immoral advances or lascivious acts[including sexual harassment] while performing thier duties inside or outside the company premises)". The term used here is probable. it does not state that you are guilty, that you really did what was stated. It means that you might have. so the policy stated is one of those that you might have violated.

next it will state that you submit a written explanation.

In short, to summarize, the letter is just telling you to explain, what you did and what probable violation you might have done.

I suggest you move on, you already proven them wrong so don't dwell on it. If you want to resign then resign but render the 30 days otherwise you will be marked as AWOL.

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