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illegal dismissal

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1 illegal dismissal on Fri Jul 13, 2018 10:28 am

annvrgara


Arresto Menor
good morning. may 2017 po ako nagstart but yearly po nirerenew ung contract sa company namin. every july 1 po ang date ng bagong contract. so ganito po ung nangyari. june 29 of this year, naka receive po ako ng bagong contract, valid from july 1 2018-june 30 2019. so nakapag overtime pa po ako ng july 1. then july 2, nag email po sila sakin na nireretract ung bago kong contract. compromised data security ang kinaso nila sa akin. pwede po kasi kami mag work from home, so sinasabi nila na iba daw nagtatrabaho on my behalf pag nasa bahay ako. i asked for proof, etc, ang sabi nila, d daw sila obliged mag present ng evidence or facts. no notice to explain nor notice of termination. may case po ba ako? or may right sila gawin un?

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2 Re: illegal dismissal on Fri Jul 13, 2018 11:16 am

mikos23

avatar
Reclusion Perpetua
what kind of contract is it? Project? fixed term? ICA?

If its an employment contract, they need to follow due process. If its "outsourced, ICA, consultancy" they can retract the contract.

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3 Re: illegal dismissal on Fri Jul 13, 2018 11:24 am

annvrgara


Arresto Menor
i think its an employment contract. how would i know? not sure though. i can send it thru email if you want

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4 Re: illegal dismissal on Sat Jul 14, 2018 4:23 am

arnoldventura


Reclusion Perpetua
What is important is that there should be an "employer-employee" relationship between you and the company. If there is one, then what you have is an employment contract. If the company has control over not only the results of your output, but also as to the manner how you should achieve that output, then you are an employee and the company is your employer. https://www.alburovillanueva.com/no-employer-employee-relationship-defense-labor-cases In such case, it would not really matter what the written instrument really is.

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5 Re: illegal dismissal on Sat Jul 14, 2018 6:46 am

annvrgara


Arresto Menor
hi @arnoldventura. thanks for this. could you take a look on my case pls? i really think that i was illegally dismissed. i can send all the evidence that i have in your email if thats okay with you. we are already set to have our mediation on wednesday, july 18. and as much as possible, i want to have a lawyer with me. i am such a cry baby and thats what i am aftaid of. baka wala akong magawa or masabi sa mediation. if you could refer a probono lawyer for me, id appreciate it so much. he could have the percentage of what im getting na lng.

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