Nakakaloka di ba? nde ko alam kung pipirma ba ako o nde! GOD give me a sign of what to do!
Tuesday, March 24, 2009
POST EMPLOYMENT
Title I
TERMINATION OF EMPLOYMENT
Art. 278.
Coverage. The provisions of this Title shall apply to all establishments or undertakings, whether for profit or not.
Art. 279.
Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)
Art. 280.
Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.
Art. 281. Probationary employment. Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Art. 282.
Termination by employer. An employer may terminate an employment for any of the following causes:
a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
b. Gross and habitual neglect by the employee of his duties;
c. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
d. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
e. Other causes analogous to the foregoing.
Article. 283.
Closure of establishment and reduction of personnel.
The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the “worker affected thereby shall be entitled to a separation pay EQUIVALENT to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher”. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.
Art. 284.
Disease as ground for termination. An employer may terminate the services of an
employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.
Art. 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;
3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
4. Other causes analogous to any of the foregoing.
Art. 286.
When employment not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.
Title II
RETIREMENT FROM THE SERVICE
Art. 287.
Retirement. Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.
In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided, however, That an employee’s retirement benefits under any collective bargaining and other agreements shall not be less than those provided therein.
In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.
Unless the parties provide for broader inclusions, the term ‘one-half (1/2) month salary’ shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves.
Retail, service and agricultural establishments or operations employing not more than ten (10) employees or workers are exempted from the coverage of this provision.
Violation of this provision is hereby declared unlawful and subject to the penal provisions under
Article 288
of this Code.
DELL SHOULD GIVE SEPARATION PAY AS PER LABOR LAW TO EVERY EMPLOYEE and not the SO CALLED “SEVERANCE PAY” SINCE DELL IS CLOSING OUT AND AGREED TO ASSET PURCHASE AGREEMENT WITH OUTSOURCE COMPANY..
“Generally, severance refers to giving an exiting employee a monetary bonus or settlement above and beyond their regular compensation”.
DO NOT SIGN ANY PAPERS YET..!!!!
THINK ABOUT IT..!!!
YOU SHOULD NOT BE FORCED TO THINK FOR LIMITED TIME ..!!!
THEY SAID THAT THEY WILL SHOW THE LEGAL DOCUMENT ABOUT THE SEPARATION PAY, AND WHEN WOULD THAT BE??? IF YOU ALREADY SIGNED THE “QUIT CLAIM” AND “VOLUNTARY RESIGNED”??
As per TELEPERFORMANCE’s OFFER ON THE SECOND PAGE:
“ TP makes this offer as of today’s date, and its valid only for 4 days. Naturally, this OFFER is SUBJECT TO and CONDITIONAL on the acquisition by TP of the Business pursuant to the Agreement. If FOR ANY REASON such acquisition is not completed within the next 45 days, this OFFER CANNOT BE PERFECTED and is WITHDRAWN.
To accept this offer, (a) sign the ATTACHED VOLUNTARY RESIGNATION from DELL and (b) the ATTACHED execution of release, WAIVER and QUITCLAIM in favor of DELL within the next four days, together with the signed offer letter. The form for this items has been provided in accordance with instructions from DELL and is attached for your convenience.
THEN YOU DON’T HAVE THE RIGHT TO ASK FOR LEGAL SEPARATION PAYMENT SINCE YOU ALREADY RESIGNED AND THAT SEPARATES YOU TO ANY LIABILITIES FROM DELL.
IT TELLS AS VOLUNTARY RESIGNATION which SHOULD NOT HAPPEN SINCE WE ARE ALL ENTITLED TO BE COMPENSATED…
DELL (Dell Intl. Services) PASAY
IS CLOSING THEREFORE, ALL EMPLOYEES SHOULD RECEIVE SEPARATION PAY REGARDLESS IF YOU WILL SIGN or NOT TO A DIFFERENT COMPANY..
DELL IS SAYING THAT IT IS ONLY PARTNERSHIP TO CONTINUE THE BUSINESS AND THE SITE WAS NOT SOLD, IF THIS THE CASE WHY WE ARE GOING TO CHANGE THE NAME OF THE COMPANY… THEN IF DELL PASAY WAS NOT SOLD..WHY DO WE HAVE THIS IN THE NEWS..
http://www.gmanews.tv/story/153654/Dell-sells-Pasay-contact-center-keeps-QC-facility
DELL, NOT ANY OTHER COMPANY SHOULD PAY OUR COMPENSATION as PER LABOR LAW SINCE DELL IS OUR EMPLOYER AND DELL IS THE ONE TERMINATING OUR CONTRACTS….
DELL CONTRACT WITH OUTSOURCE IS
PERFOMANCE BASED..
IF WE ARE NOT PERFORMING DELL WILL PULL OUT THE ACCOUNT due to the provisions of the PERFORMANCE BASED CONTRACT…
ASK YOURSELVES, FOR THE PAST 2 YEARS, DID WE HAD A GOOD CE SCORES…JUST THINK OF THAT….
LIKE WHAT HAPPENED TO TECHNION, SITEL, e-TELECARE, CLIENT LOGIC AND ALL OTHER OUTSOURCE CONSUMER ACCOUNT..
REMEMBER ALL CONSUMER ACCOUNT before ..WERE PULLED OUT
FROM OUTSOURCE DUE TO Its PERFORMANCE..
AND WE ARE ON CONSUMER ACCOUNT..and you know our performance..
ASK ALL EX-DELL ACCOUNT EMPLOYEE AROUND YOU….
NOW ASK WHY LIBIS SITE WAS RETAINED… THEY ARE SMB...NOT CONSUMER….BEWARE….
Title I
TERMINATION OF EMPLOYMENT
Art. 278.
Coverage. The provisions of this Title shall apply to all establishments or undertakings, whether for profit or not.
Art. 279.
Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)
Art. 280.
Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.
Art. 281. Probationary employment. Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Art. 282.
Termination by employer. An employer may terminate an employment for any of the following causes:
a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
b. Gross and habitual neglect by the employee of his duties;
c. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
d. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
e. Other causes analogous to the foregoing.
Article. 283.
Closure of establishment and reduction of personnel.
The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving a written notice on the workers and the Ministry of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the “worker affected thereby shall be entitled to a separation pay EQUIVALENT to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher”. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.
Art. 284.
Disease as ground for termination. An employer may terminate the services of an
employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.
Art. 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;
3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
4. Other causes analogous to any of the foregoing.
Art. 286.
When employment not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) month from the resumption of operations of his employer or from his relief from the military or civic duty.
Title II
RETIREMENT FROM THE SERVICE
Art. 287.
Retirement. Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract.
In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided, however, That an employee’s retirement benefits under any collective bargaining and other agreements shall not be less than those provided therein.
In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.
Unless the parties provide for broader inclusions, the term ‘one-half (1/2) month salary’ shall mean fifteen (15) days plus one-twelfth (1/12) of the 13th month pay and the cash equivalent of not more than five (5) days of service incentive leaves.
Retail, service and agricultural establishments or operations employing not more than ten (10) employees or workers are exempted from the coverage of this provision.
Violation of this provision is hereby declared unlawful and subject to the penal provisions under
Article 288
of this Code.
DELL SHOULD GIVE SEPARATION PAY AS PER LABOR LAW TO EVERY EMPLOYEE and not the SO CALLED “SEVERANCE PAY” SINCE DELL IS CLOSING OUT AND AGREED TO ASSET PURCHASE AGREEMENT WITH OUTSOURCE COMPANY..
“Generally, severance refers to giving an exiting employee a monetary bonus or settlement above and beyond their regular compensation”.
DO NOT SIGN ANY PAPERS YET..!!!!
THINK ABOUT IT..!!!
YOU SHOULD NOT BE FORCED TO THINK FOR LIMITED TIME ..!!!
THEY SAID THAT THEY WILL SHOW THE LEGAL DOCUMENT ABOUT THE SEPARATION PAY, AND WHEN WOULD THAT BE??? IF YOU ALREADY SIGNED THE “QUIT CLAIM” AND “VOLUNTARY RESIGNED”??
As per TELEPERFORMANCE’s OFFER ON THE SECOND PAGE:
“ TP makes this offer as of today’s date, and its valid only for 4 days. Naturally, this OFFER is SUBJECT TO and CONDITIONAL on the acquisition by TP of the Business pursuant to the Agreement. If FOR ANY REASON such acquisition is not completed within the next 45 days, this OFFER CANNOT BE PERFECTED and is WITHDRAWN.
To accept this offer, (a) sign the ATTACHED VOLUNTARY RESIGNATION from DELL and (b) the ATTACHED execution of release, WAIVER and QUITCLAIM in favor of DELL within the next four days, together with the signed offer letter. The form for this items has been provided in accordance with instructions from DELL and is attached for your convenience.
THEN YOU DON’T HAVE THE RIGHT TO ASK FOR LEGAL SEPARATION PAYMENT SINCE YOU ALREADY RESIGNED AND THAT SEPARATES YOU TO ANY LIABILITIES FROM DELL.
IT TELLS AS VOLUNTARY RESIGNATION which SHOULD NOT HAPPEN SINCE WE ARE ALL ENTITLED TO BE COMPENSATED…
DELL (Dell Intl. Services) PASAY
IS CLOSING THEREFORE, ALL EMPLOYEES SHOULD RECEIVE SEPARATION PAY REGARDLESS IF YOU WILL SIGN or NOT TO A DIFFERENT COMPANY..
DELL IS SAYING THAT IT IS ONLY PARTNERSHIP TO CONTINUE THE BUSINESS AND THE SITE WAS NOT SOLD, IF THIS THE CASE WHY WE ARE GOING TO CHANGE THE NAME OF THE COMPANY… THEN IF DELL PASAY WAS NOT SOLD..WHY DO WE HAVE THIS IN THE NEWS..
http://www.gmanews.tv/story/153654/Dell-sells-Pasay-contact-center-keeps-QC-facility
DELL, NOT ANY OTHER COMPANY SHOULD PAY OUR COMPENSATION as PER LABOR LAW SINCE DELL IS OUR EMPLOYER AND DELL IS THE ONE TERMINATING OUR CONTRACTS….
DELL CONTRACT WITH OUTSOURCE IS
PERFOMANCE BASED..
IF WE ARE NOT PERFORMING DELL WILL PULL OUT THE ACCOUNT due to the provisions of the PERFORMANCE BASED CONTRACT…
ASK YOURSELVES, FOR THE PAST 2 YEARS, DID WE HAD A GOOD CE SCORES…JUST THINK OF THAT….
LIKE WHAT HAPPENED TO TECHNION, SITEL, e-TELECARE, CLIENT LOGIC AND ALL OTHER OUTSOURCE CONSUMER ACCOUNT..
REMEMBER ALL CONSUMER ACCOUNT before ..WERE PULLED OUT
FROM OUTSOURCE DUE TO Its PERFORMANCE..
AND WE ARE ON CONSUMER ACCOUNT..and you know our performance..
ASK ALL EX-DELL ACCOUNT EMPLOYEE AROUND YOU….
NOW ASK WHY LIBIS SITE WAS RETAINED… THEY ARE SMB...NOT CONSUMER….BEWARE….
Tuesday, March 17, 2009
Time
After work hours i just don't want to move my fingers. It seems like it's frozen and would not move. I could just imagine people who are living in the cold countries. I like tropical countries but not dry lands and windy and humid. I could not imagine myself dying in such countries.
Many years had passed by, grandfather said that i would not want to go to the countries like United States and the like. He said he'd rather die in heat rather than in cold. I remember my old man once again, there were happy times that i could only wish that it would rewind even in dreams. Like when he used to sing me this American song. I could not even remember that song i would just remember the melody and the air that kiss my cheeks because he would put me in his shoulder's while he was running. Yeah the past...
I remember i would watch movies that people would go crazy turning back time or bringing back dead people. I feel for them and i feel for myself. Those people who would like to turn back time who long for what used to be. Sad but always true. On the other hand there are people who likes otherwise. Time is not untouchable u can't control it, can't play with it if you do it will play you too.
Many years had passed by, grandfather said that i would not want to go to the countries like United States and the like. He said he'd rather die in heat rather than in cold. I remember my old man once again, there were happy times that i could only wish that it would rewind even in dreams. Like when he used to sing me this American song. I could not even remember that song i would just remember the melody and the air that kiss my cheeks because he would put me in his shoulder's while he was running. Yeah the past...
I remember i would watch movies that people would go crazy turning back time or bringing back dead people. I feel for them and i feel for myself. Those people who would like to turn back time who long for what used to be. Sad but always true. On the other hand there are people who likes otherwise. Time is not untouchable u can't control it, can't play with it if you do it will play you too.
Monday, March 16, 2009
Mom is sick
I was surprised that i could create my own blog. hahahaha. Hindi ko nman alam ang mga pede ko isulat dito. Pero excited na ako sa bakasyon n pinaplano ko with mom. I can't believe that she is so thin, mula pa lang ng pasko, nagsimula n cia pumayat, nagaalala na ako sa kanya, wala nmang masabi ung doktor n tumitingin sa kanya. Hayz. There are times that i would like to have her confined pero parang natatakot sya sa ospital.
Naalala ko tuloy ung sulat ng Nanay sa anak niya. Sa mga araw na kasama ko c mama, nde ko maiwasan na maalala ang lola ko n nagalaga saken. When she was alive i used to hate her, iniistorbo nia kasi ang tulog namen lahat. nde mo alam ano ang gusto pag tinanong mo nman parang naghahnap lang ng damay sa puyat nia, nde kasi siya makatulog pag gabi. I regret the day i shouted at her, the day that i wished that she would rest in peace. Sa 8 buwan n naging bedridden ang lola ko. Maraming emoyson ang naramdaman nameng pamilya.
Naalala ko tuloy ung sulat ng Nanay sa anak niya. Sa mga araw na kasama ko c mama, nde ko maiwasan na maalala ang lola ko n nagalaga saken. When she was alive i used to hate her, iniistorbo nia kasi ang tulog namen lahat. nde mo alam ano ang gusto pag tinanong mo nman parang naghahnap lang ng damay sa puyat nia, nde kasi siya makatulog pag gabi. I regret the day i shouted at her, the day that i wished that she would rest in peace. Sa 8 buwan n naging bedridden ang lola ko. Maraming emoyson ang naramdaman nameng pamilya.
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