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Illegal dismissal?

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1 Illegal dismissal? on Mon Jan 02, 2012 11:00 pm

Heavensent


Arresto Menor
Hi,

im a project based employee for morethan 5 years..Last december 2010 in-end of contract kami Without prior notice, at inalok na mgtransfer sa branch ng company, the worst is back to zero ang tenure.. Ang paliwanag sa amin ng HR ay dahil daw mgkaiba company ang lilipatan nmin iba daw ang tin# at sss etc.. Pero same lng ang HR, accntng, at isa lng client nila..sa ngayn po ay on training kami para sa kbila company.. Please advise po ano po dapat gawin nmin at ano po ba ang mga karapatan namin..My Laban po ba kmi kung i file nmin ang case na to sa dole.. Sana po ay matulungan nyo aq..thanks in advance!

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2 Re: Illegal dismissal? on Tue Jan 03, 2012 12:00 am

attyLLL


moderator
prior to being hired, did you have project employment contracts? were you on a specific project? you were never shifted to another one without a new contract?


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3 E on Tue Jan 03, 2012 9:17 am

Heavensent


Arresto Menor
attyLLL wrote:prior to being hired, did you have project employment contracts? were you on a specific project? you were never shifted to another one without a new contract?


Yes, i signed a co-terminus contract but no specific project and no specific range of time.. We havent signed a new contract because of the salary we agreed 404 pesos + ecola instead they indicated the pay of407+ ecola (with tax) in the contract..the project we previously worked for are still existing..

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4 Re: Illegal dismissal? on Fri Jan 06, 2012 9:54 pm

attyLLL


moderator
in that case, you were informed that you were entering into project employment, but you have security of tenure until the project is ended or the phase you were involved in was ended. and if they didn't file a report with the dole, the presumption is that you were illegally dismissed.


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5 Illegal dismissal? on Fri Jan 06, 2012 11:57 pm

Heavensent


Arresto Menor
Maraming salamat attyLLL sa inyong pagtugon... Ibig sabihin po ba nito ay maari kmi mgfile ng case sa dole for illegal dismissal?last january 3 po ay pumirma n kmi ng new contract as "trainee" (training agreement) but this agreement was dated dec 26, 2011 (start of training period)Bale 1 month po yung training. January 5, 2012 i informed them through text that im going to quit.. Today i was called by them to informed me that i have to file a resignation letter.. Tama po ba na kailngan ko magresign khit trainee plang ako? Makakaapekto po ba ang hindi ko pgpapatuloy sa trabaho sa pagfile nmin ng kaso sa dole?maraming salamat po

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6 Re: Illegal dismissal? on Fri Jan 20, 2012 12:14 am

aikon28


Arresto Menor
related topic
hi,
I was a Sales agent from one of a small paint company. Before i was hired, i understand everything in the contact, specially the compensation so when its fine to me i signed it.the compensation includes basic salary with transportation allowance, + benefits and commission. one time i was asked by my boss to drop by at DOLE because its within my way, i don't have an idea but i'm confused about what i've signed. So i asked one of the Dole employee about it. He said its ok,then i had my first salary, i was surprised that i received an underpay or under basic pay salary from my employer den after a month, i found out that they were not paying my contribution for sss, philhealth and pag-big together with my co-agent. So i decided to go back to DOLE and ask about it and He suggested me to file a case. So We went to Dole I filed a Case and they investigated my employer. but they don't know that i complain them. so the Case was on process and my boss have her feeling that i or my co-agent was the one who reported them to DOLE. when the investigation was done, they changed everything; our payslip, contact that we signed and we was forced to signed it the date we was hired so it looks like old and they said that were agents were not an employee.So we were interrogating by our boss to tell the truth but were quiet. So they asked us to resigned. after it, we didn't receive our separation pay, 13 month pay, our contributions and the difference of our salary. we had 3 trials but our employer don't want to settle, so the case goes to NLRC. but unfortunately i and my co-agent was hired as Agent and we was pregnant that time so we don't have the chance to continue the case.

i hope you understand my case. i really want to know what will i'm going to do now. it also regards with getting my maternity reimbursement.
thank you! Smile

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7 Re: Illegal dismissal? on Sun Jan 22, 2012 2:53 pm

attyLLL


moderator
heaven, you can file a case at dole. whether it will prosper depends on what evidence the company will present.

aikon, if you didn't file a position paper,the case will be dismissed. you have 1 year to reinstate the case or else it will be dismissed permanently


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8 Re: Illegal dismissal? Today at 12:12 pm

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