Kasambay Sued partner of Employer

alphagrace · 1 Kasambay Sued partner of Employer Mon Apr 04, 2016 8:07 am

alphagrace

Arresto Menor

Posts : 1
Join date : 04/04/2016

Hi, I have a maid whose contract was finished way back in September 2015. I relieved her from duty January 2016. She filed a case against me because she said I have not given her a separation pay, but when she left I gave her 30,000 pesos her monthly salary was 15,000 pesos. I am not the one who signed her contract but instead, her original employer was my partner who also signed the contract which is already completed. Is it legal that she file a case against me when I am not her original emplyer?

tsi ming choi · 2 Re: Kasambay Sued partner of Employer Wed Apr 06, 2016 8:45 am

tsi ming choi

Reclusion Perpetua

Posts : 760
Join date : 08/04/2011

Who rehire her after the contract ended in sept. 2015?

This advice is on the presumption that you rehire her.

The case filed is Legal. Because her original contract ended way back september 2015. Therefore, if there is any claim for unpaid separation pay, she must file it against her original employer which is your partner.

However, since there is a "continous" employment from oct. 2015(the month after the contract expired) until jan. 2016(relieved from duty), then, impliedly, you rehire her and you become her employer. So, it is proper/legal for her to sue you.

Kasambay Sued partner of Employer

1 Kasambay Sued partner of Employer Mon Apr 04, 2016 8:07 am

alphagrace

2 Re: Kasambay Sued partner of Employer Wed Apr 06, 2016 8:45 am

tsi ming choi