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No benefits and salary for 27 years as property caretaker

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joyvee04


Arresto Menor

greetings!,

I would like to ask advise regarding the rules of being a caretaker and what are those benefits as of this year.

my concern is about my father who is a residential caretaker for 27 years. he started year 1984 up to now 2012 but my father doesn't have any benefits. in year 1984 to year 90's the owner of the house giving him the amount of P740 pesos salary maybe that's the minimum wage on that year. unexpectedly some accident happen when the owner of the house died and the daughters were the one who manage the house. in that case all things become critical. my father doesn't know who will be his boss because if the son and daughter of the owner visiting the house they keep on pressuring my father. my father was the one who improve the house especially the backyard. planting plants, cleaning and fixing all the destroyed parts of the house using his own money because there was a time that they didn't check the house for 5 years. My father also the one who is paying the city services consume by the visitors if the daughter have a transients. The owner of the house will just check and visit the house if they have transients. they started visiting the house last 2008 and this present year. just for the sake na maipatrantient yung bahay.
sometimes we as his family feels that it is really not fair. No benefits, No salary.
and Atty. if ever po kasi yung magkakapaid may plano po cla ibenta ung bahay at lupa, i just want 2 ask na sa 27 years na pagiging caretaker ng father ko may makukuha po ba share? lalo po wala manlang siya sweldo o khit ano.

i would like to seek advise what should we do on this situation. what are the legalities on this matter.

thank you for your time regarding this issue.

have a nice day..


attyLLL


moderator

i can't immediately agree that he is an employee, if he is, he is one in the personal employ of another, and therefore no statutory benefits are required to be paid.

it seems more to me that he in a contract to be allowed to live there in exchange for a free place to stay. this seems more believable compared to someone who will work without pay for so long.

https://www.facebook.com/BPOEmployeeAdvocate/

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