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Money Settlement

5 posters

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1Money Settlement Empty Money Settlement Tue Jun 24, 2014 9:34 pm

hashie_445


Arresto Menor

Attorney/s,

I filed Illegal Dismissal sa DOLE against sa previous company ko. Gustong makipag-settle na lang ng dating company ko.

Ang question po, kung papayag ako sa money settlement, mga magkano ang pwede ko i-demand?

2Money Settlement Empty Re: Money Settlement Wed Jun 25, 2014 6:18 am

council

council
Reclusion Perpetua

hashie_445 wrote:Attorney/s,

I filed Illegal Dismissal sa DOLE against sa previous company ko. Gustong makipag-settle na lang ng dating company ko.

Ang question po, kung papayag ako sa money settlement, mga magkano ang pwede ko i-demand?

Kahit magkano, basta reasonable, and magkasundo kayo.

Anything too much and siguradong magkikita kayo sa NLRC para mag file ng position paper at magbayad ng abugado.

http://www.councilviews.com

3Money Settlement Empty Re: Money Settlement Wed Jun 25, 2014 9:58 am

Patok


Reclusion Perpetua

magkano ba monthly salary mo?? then ilang years service mo?? multiply mo yun.. so the figure should be close to that..

example: 10,000 a month.. for 10 years of service.. so 100T dapat ang settlement.. or near that figure.

4Money Settlement Empty Re: Money Settlement Wed Jun 25, 2014 10:02 am

council

council
Reclusion Perpetua

Next question is - was due process observed?

What was the reason for the dismissal?

http://www.councilviews.com

5Money Settlement Empty Re: Money Settlement Wed Jun 25, 2014 4:37 pm

rhonatupaz


Arresto Menor

kulang pla bnyad sken ng company ko d nung ngpadole aq last nov. 2013. 2 yrs. aq sknla. 12,500 lng bnyad nla. tpos d na nla hinulugan ung philhealth ko. eh knakaltasan nla ko nun. forced to resign pa gnwa nla sken dhil lang sa preggy aq.

6Money Settlement Empty Re: Money Settlement Wed Jun 25, 2014 4:40 pm

council

council
Reclusion Perpetua

rhonatupaz wrote:kulang pla bnyad sken ng company ko d nung ngpadole aq last nov. 2013. 2 yrs. aq sknla. 12,500 lng bnyad nla. tpos d na nla hinulugan ung philhealth ko. eh knakaltasan nla ko nun. forced to resign pa gnwa nla sken dhil lang sa preggy aq.

tapos na yan kung nagpunta ka na ng DOLE at nag settle kayo.

http://www.councilviews.com

7Money Settlement Empty Re: Money Settlement Wed Jun 25, 2014 8:06 pm

hashie_445


Arresto Menor

Patok wrote:magkano ba monthly salary mo?? then ilang years service mo?? multiply mo yun.. so the figure should be close to that..

example:  10,000 a month.. for 10 years of service.. so 100T dapat ang settlement.. or near that figure.


P24,000 monthly salary, pero isang buwan lang nag-stay then nagkaroon na ng Illegal Dismissal.

8Money Settlement Empty Re: Money Settlement Wed Jun 25, 2014 8:08 pm

hashie_445


Arresto Menor

council wrote:Next question is - was due process observed?

What was the reason for the dismissal?

Due process was not observed. "Hearing" was missing on the process.

9Money Settlement Empty Re: Money Settlement Wed Jun 25, 2014 8:10 pm

council

council
Reclusion Perpetua

hashie_445 wrote:
council wrote:Next question is - was due process observed?

What was the reason for the dismissal?

Due process was not observed. "Hearing" was missing on the process.

Hindi pa rin tapos yan?

At best you might be able to get 30K for it for lack of due process.

http://www.councilviews.com

10Money Settlement Empty RE: Money Settelements Wed Jun 25, 2014 11:12 pm

thequeenB


Arresto Menor

Hi,

I have mediation this coming July. I am praying for Reinstatement. Complaint was due to illegal dismissal w/o due process. I was with the company for 2 years. Basic Salary is 25k plus 4k allowance. How much do you think I will ask for the settlement? Can I ask already for damages?

Thanks!

11Money Settlement Empty Re: Money Settlement Thu Jun 26, 2014 5:24 am

council

council
Reclusion Perpetua

thequeenB wrote:Hi,

I have mediation this coming July. I am praying for Reinstatement. Complaint was due to illegal dismissal w/o due process. I was with the company for 2 years. Basic Salary is 25k plus 4k allowance. How much do you think I will ask for the settlement? Can I ask already for damages?

Thanks!

If you ask for reinstatement, that's the settlement already. If you ask for damages, the mediation will terminate and you will go for hearing and file your position paper already.

reinstatement and damages usually do not go together.

http://www.councilviews.com

12Money Settlement Empty Re: Money Settlement Thu Jun 26, 2014 11:36 am

Patok


Reclusion Perpetua

either you ask for reinstatement or damages.. damages will only come in if reinstatement is not possible.

to hashie.. 1 month ka pa lang? i suggest you just moved on.. baka malaki pa magastos mo kesa makuha mo..

13Money Settlement Empty Re: Money Settlement Tue Jul 08, 2014 9:42 pm

thequeenB


Arresto Menor

Thank you for the response. How about back wages? Can I ask for the salary I was supposed to earn if they did not dismissed me illegally? I was out of work for 4mos now.

14Money Settlement Empty Re: Money Settlement Wed Jul 09, 2014 6:38 am

council

council
Reclusion Perpetua

thequeenB wrote:Thank you for the response. How about back wages? Can I ask for the salary I was supposed to earn if they did not dismissed me illegally? I was out of work for 4mos now.

You can ask, but you have to support that you are entitled to it.

Generally for an illegal dismissal case involving a lack of due process (but with valid reason) you may be entitled to nominal damages that can be up to 30K - once the court (not DOLE or NLRC) rules on it.

http://www.councilviews.com

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