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Author Topic: PROCESS IN NLRC, HOW TO FILE A LABOR CASE  (Read 16429 times)
wandergirl
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« Reply #15 on: January 19, 2011, 09:54:18 AM »

Uunahan ko na po kayo:

Bago po kayo magtanong, ay eto po ang proseso kung papaano maghabla ng employer sa NLRC:


http://panyero.net/im-not-fired-coz-your-sued/

Hello po,

I read about your advise regarding delayed issuance of backpay which is the most common problems of many BPO workers. I have filed a monetary claim in NLRC for the same issue. Prior doing so, I sent my former employer a demand letter to issue my backpay after they failed to address my concern and acknowledge my previous emails. Meanwhile, I just didn’t realize that I am also entitled for damages and attorney’s fees under Article 2208 Civil Code. Dapat po ba naka-indicate din dun sa form nung nag-file ako ng complaint about asking damages fee as well? On my complaint form, I specified I was running after my back wages which include my last pay, prorated 13th month pay, unused sick leaves, and tax refund. Our first hearing is set on January 20, which is tomorrow. What is the reasonable amount that can be demanded for the damages? How much is reasonable? Is there any computation or basis for the amount? Who decides for the amount? Yung arbiter po ba after hearing both sides? I hope you can advise me before our initial hearing on Jan. 20. Thank you. Smiley
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Tito Boy
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« Reply #16 on: January 20, 2011, 08:32:49 AM »

Quote
Dapat po ba naka-indicate din dun sa form nung nag-file ako ng complaint about asking damages fee as well?

Yes, the Arbiter cannot award what is not prayed for. You can amend the complaint or indicate the moral & exemplary damages in the Position Paper

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What is the reasonable amount that can be demanded for the damages?

P50,000 to P100,000


Quote
How much is reasonable?

Depends on the circumstances.

Quote
Is there any computation or basis for the amount? Who decides for the amount? Yung arbiter po ba after hearing both sides?

The arbiter decides. The award for moral and exemplary damages depends if the violation of the labor laws was tainted with bad faith or malicious intent.

Good luck. Keep us posted!
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wandergirl
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« Reply #17 on: January 21, 2011, 10:09:28 AM »

Quote
Dapat po ba naka-indicate din dun sa form nung nag-file ako ng complaint about asking damages fee as well?

Yes, the Arbiter cannot award what is not prayed for. You can amend the complaint or indicate the moral & exemplary damages in the Position Paper

Quote
What is the reasonable amount that can be demanded for the damages?

P50,000 to P100,000


Quote
How much is reasonable?

Depends on the circumstances.

Quote
Is there any computation or basis for the amount? Who decides for the amount? Yung arbiter po ba after hearing both sides?

The arbiter decides. The award for moral and exemplary damages depends if the violation of the labor laws was tainted with bad faith or malicious intent.

Good luck. Keep us posted!

Thank you sir, but I am VERY disappointed with the turn out of the initial meeting yesterday. First of all, the arbiter was in the hurry to finish the case. The respondent was represented by the HR lawyer and we were discussing about what really happened. The respondent was still taking notes when the arbiter who was late joined us and interrupted us saying "wag na nating pahabain ito. ano ba ang hinihingi mo?" I said it's my final pay which the company kept on delaying. I was just by myself, somehow I was expecting NLRC would assign me a public lawyer or something. Anyway, so I was there and was still explaining when the arbiter kept on interrupting telling the respondent that they should just give me my backpay. I was flabbergasted and disappointed because I have prepared an explanation document so as to be heard. I didn't know this is how labor system works here. I guess if you really want to get justice from your labor case, you have to have a private labor lawyer to back you up. Which means, spend for that until you get what you deserve. My previous employer and even the arbiter did not have any idea how much trouble I've went through and that's all I was going to get. It's a crazy experience, really. My case is very complicated because I found out from the respondent's lawyer that even my previous manager made the mistake on the acceptance letter he had me signed. I would have wanted to run after him, too but given the experience I had with NLRC, I just think it's such a waste of time and I just hope karma runs after them. But thanks for the advice Smiley
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Tito Boy
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« Reply #18 on: January 22, 2011, 07:12:48 AM »

Too bad you were assigned to a grumpy arbiter. Hope you got your last pay.
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jacob
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« Reply #19 on: January 25, 2011, 08:47:51 PM »

Atty,

Gud Evening!
Tanong ko lang for if ilang weeks o months bago madesisyunan o magkaroon nang resolution ang isang case sa NLRC?
Nakapagpasa na kami ng position paper at resolution na lang po ang hinihintay.  Base kasi sa minutes without further notice daw, so kami ang complainant paanu namin malalaman if may resolution na ang case.?

Maraming Salamat po!
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Tito Boy
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« Reply #20 on: January 27, 2011, 08:27:57 AM »

Atty,

Gud Evening!
Tanong ko lang for if ilang weeks o months bago madesisyunan o magkaroon nang resolution ang isang case sa NLRC?
Nakapagpasa na kami ng position paper at resolution na lang po ang hinihintay.  Base kasi sa minutes without further notice daw, so kami ang complainant paanu namin malalaman if may resolution na ang case.?

Maraming Salamat po!


Months to a year depende sa Arbiter. Makaka-receive kayo ng Notice of Decision from NLRC through your counsel.
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jingleberry
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« Reply #21 on: February 16, 2011, 07:49:10 PM »

hi! i filed a constructive dismissal case against my former employer and the judgment has become final and executory. tapos na rin ang pre execution conference. issue ko is i still have money claims na hindi ko naisama sa constructive dimsissal complaint. i need to claim my 13th month pay, VL credits, 1 day salary at retirement contribution na kinukuha sa sweldo namin every month.

how do i go about the money claims (it will prescribed april 2011)?

puede bang mag file ako ng isa pang complaint for the money claims?
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Tito Boy
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« Reply #22 on: February 20, 2011, 05:52:48 PM »

hi! i filed a constructive dismissal case against my former employer and the judgment has become final and executory. tapos na rin ang pre execution conference. issue ko is i still have money claims na hindi ko naisama sa constructive dimsissal complaint. i need to claim my 13th month pay, VL credits, 1 day salary at retirement contribution na kinukuha sa sweldo namin every month.

how do i go about the money claims (it will prescribed april 2011)?

puede bang mag file ako ng isa pang complaint for the money claims?

You must file another complaint against them.
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chico10
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« Reply #23 on: February 21, 2011, 06:09:31 PM »

Hi Titoboy..

nag file n ako ng position paper ko last sept. 2010. tpos ung respondents d cla nag file. so kala ko for decision na since ilang months na.. then nung last week feb 17 may dumating na letter sakin from lawyer ng respondents laking gulat ko ng position paper nila ung dumating. 5 months n naka lipas feb. 8 2011 ung date ng position paper nila. pano sila naka pag pass? ako nga eh nung nde ako nakapag pass nag bayad pa ako for extension eh sila 5mnths ago na.. legal po ba to ilang days or months b bago makapag pasa ng position paper ang respondents? kung legal to so khit mag pasa sila within 1yr ganun n lng din un? tpos ang dahilan nila kaya daw d sila nakapag pasa kasi d nila alamung date ng extension wla n sila n recieved? eh sila nmn tong nde pumunta ng ssept. 6 (original date of passing ng position paper). and one more thing nung sept 17, andun ung lawyer nila n gumawa ng position paper kasi pinakilala ko pa sya sa lawyer ko sabi nya nde n daw sya ang counsel ng company ko.. parang feeling ko kasi niluluto ung kaso.

thank you po in advance.
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vanilla
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« Reply #24 on: February 25, 2011, 09:08:50 PM »

Good evening po.

Tanong ko lang kung ilang copies ba ang dapat i-file kapag motion for reconsideration sa decision ng NLRC? Tatlo po ba o isa lang? Registered mail po kasi ako nag-file. Isa lang po ang pinadala ko. Natatakot ako dahil nabasa ko dun sa 2005 Rules na three copies kapag appeal sa NLRC. Applicable po ba yun pati sa motion for reconsideration?

At kung sakaling hindi po i-consider ang motion for reconsideration ko, makakapag appeal pa po ba ako sa Court of Appeals?

Salamat po.

Sana po sagutin niyo po ako agad. Salamat po ulet.
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Tito Boy
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« Reply #25 on: February 27, 2011, 08:13:08 AM »

Quote
Good evening po.

Tanong ko lang kung ilang copies ba ang dapat i-file kapag motion for reconsideration sa decision ng NLRC? Tatlo po ba o isa lang? Registered mail po kasi ako nag-file. Isa lang po ang pinadala ko. Natatakot ako dahil nabasa ko dun sa 2005 Rules na three copies kapag appeal sa NLRC. Applicable po ba yun pati sa motion for reconsideration?

Ok lang yun, as long as matanggap nila ang MR mo, pasok yun. Keep the registry receipt ng post office.




Quote
At kung sakaling hindi po i-consider ang motion for reconsideration ko, makakapag appeal pa po ba ako sa Court of Appeals?

Salamat po.

Sana po sagutin niyo po ako agad. Salamat po ulet.

Kung hindi i-consider ang MR mo, the period to file certiorari (appeal) sa CA will not lapse.
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vanilla
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« Reply #26 on: February 27, 2011, 09:02:24 PM »

Salamat po Tito Boy.
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loststudent
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« Reply #27 on: March 17, 2011, 12:04:47 AM »

Tito boy,

same case din po ako, i filed one copy ng mr sa nlrc instead of three. i misread the nlrc rules. may hope po ba ko? im afraid baka madismiss po ung case. please reply asap. thank you
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Tito Boy
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« Reply #28 on: March 22, 2011, 10:27:39 AM »

Tito boy,

same case din po ako, i filed one copy ng mr sa nlrc instead of three. i misread the nlrc rules. may hope po ba ko? im afraid baka madismiss po ung case. please reply asap. thank you

Petty naman nun kung i-dismiss ang MR solely because you missed 1 copy.
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loststudent
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« Reply #29 on: March 23, 2011, 09:04:42 AM »

thank you
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