Mandatory ba sa labor na ang company mobayad og separation fee if e end nla ang emp.?

[ain]

---

Kinsay Sweto og naay Idea dri.

I have a friend na nki ask nko about ani...

She is working in their company for 2.5 yrs nah... then sauna sa bago pa xa, naa xa contracts for 6 mos. and when her contract was ended, she was paid for her Separation Fee bali.,. pero gi renew yaha contract nsad for another 6 mos. and pag end nsad, gbyran nsad xa... coz its mandated by law dba...

Karon, after atong na end yaha last 6 mos contract kay wala na xa contract... her employer just simply told her na "HANGGANG MERON TAYONG WORK,AT ORDERS, MAY TRABAHO KA PARIN PERO WALA KANG CONTRACT" and my friend also accept it. So from then on, hanging yaha contract for 1 yr na cgro.

Now, naay bad news ni come sa yaha life. She was called last week sa yaha HR employer and tell her that her work will just until Next month 1st of week of December.. My gosh! So sad.. wala pa gani gpaabot og pasko... ngano kaha!! mahadlok sila mkahatag og BONUS! Freak gyud kayo ang company.

So now, na accept naman sad nya na mao na gyud na ang mahitabo.. karon lang ang amoa problema og pangutana kay mao ni:

IS IT MANDATORY SA LABOR NA DAPAT MOBAYAD OG SEPARATION FEE ANG COMPANY NYA FOR HER LENGTH OF SERVICE FOR 1 YEAR NA GA HANGING YAHA CONTRACT KAY GI END NAMAN SYA?? AS FAR AS WE KNOW, ONLY THOSE PEOPLE WHO WILL VOLUNTARILY RESIGN ANG WALAY MADAWAT NA SEPARATION FEE, PERO ANG CASE ANI NYA KAY GI END SYA, MAHOG NA OG GI TERMINATE SYA.. SO DAPAT BA ANG KOMPANYA MOBAYAD NYA OG SEPARATION FEE?? WHAT IF DLI SYA BAYRAN WAT WILL WE DO?? ANG SITUATION RABA DRI KAY ANG YAHA CONTRACT KAY OPEN.

I hope anyone can clear my questions and anyone can help us and advise us the right things to do then..

thank u all.

[ain]

Up! Up! Up!

[salbahis]

if its stated on the contract, usually separation fee applies to regular, and its required, while contractual is optional, usually ang ihatag sa company basta contractual is 13month pay ug cash conversion on leave..

better check the contract if you are entitled to it... it is futile to complain if you agree and signed the contract nga you waive the right to receive separation fee...

[ain]

if its stated on the contract, usually separation fee applies to regular, and its required, while contractual is optional, usually ang ihatag sa company basta contractual is 13month pay ug cash conversion on leave..

better check the contract if you are entitled to it... it is futile to complain if you agree and signed the contract nga you waive the right to receive separation fee...

As ive said, she dont have already the contract anymore.. her last contract was year ago, but she was paid for her last 6 mos, contract..Now, after that, she dont anymore has a contract and it took a year for having no contract... Pero HR told her na REGULAR mn daw xa pero walay gi signan na watsoever pra mag matuod na regular nah.. confusing lage pod au... So, karon na gi end naman xa kutob nalang this December, so ang pangutana, dapat ba xa byaran og Separation Fee since she was terminated by d company.

[junmar4]

As ive said, she dont have already the contract anymore.. her last contract was year ago, but she was paid for her last 6 mos, contract..Now, after that, she dont anymore has a contract and it took a year for having no contract... Pero HR told her na REGULAR mn daw xa pero walay gi signan na watsoever pra mag matuod na regular nah.. confusing lage pod au... So, karon na gi end naman xa kutob nalang this December, so ang pangutana, dapat ba xa byaran og Separation Fee since she was terminated by d company.

sa laktud nga pagkaistorya, gamay ra ug liability ang kumpanya kay wala man siyay contract.

[ondoy]

dili, wala na sa law

[salbahis]

a contract is a legal binding agreement, if wala na, wala or gamay nalang ang liability ang company... you could look for an Labor lawyer to force the company to produced the original copy of the contract...

file a complaint to NLRC

[ain]

sa laktud nga pagkaistorya, gamay ra ug liability ang kumpanya kay wala man siyay contract.

So maro ang companya diay kon mao na.... gi hanging yaha contract pra kon e terminate xa, d xa mabayran? mao ba na hala dman tingale na pwede.. anyway, tnx for the advises.. better tingale to call NLRC or DOLE ani.. consult nalang mi dd2 sa case na ingon ani pra ma clear ang mga issues.

[anelger]

It depends jud na sa contract brod/sis, try to check back the contract if separation fee is stipulated that you are to receive. But considering that she work in the company without contract for extension or regularization, you can not claim coz you dont have the proof that we're working. You talk with the HR with these concerns so that you will be guided.

[junmar4]

a contract is a legal binding agreement, if wala na, wala or gamay nalang ang liability ang company... you could look for an Labor lawyer to force the company to produced the original copy of the contract...

file a complaint to NLRC

pero bisan pa naa siya's lawyer walay contract mapagawas since wala man silay pinirmahan. Ang purpose lang sa kontrata is ang agreement which includes the benefits and compensation.