Mirror of Justice - All about Law and More
*Home>>>Labor Law

Phil Labor Code - Failure of the employer to give an employee a contract?


I just want to present a real life situation of a good friend of mine
employed with oen of the biggest outsourcing companies in the country.

Here is the situation:

* The said employee was given a JO for junior managerial /assistant
manager level 15 days before the agreed date of hiring.

* On the said start date, the said employee never recieved any formal
contract whatsoever.

* The said employee have sent email reaquest, sms messages and even a
verbal request to the said Hiring Manager about his contract with the
company but up to now is being ignored by the said Hiring Manager.

* It's already more than 2 months of serving the company and even
after consistently meeting the demands of the job, and working minimum
of 10-15 hrs 6 days a week working even on Holidays, still the said
Hiring Manager has failed to address the issue of his request for a
contract.

* There have been alot of incidents where the said Hiring Manager has
consistently proved that there is a disconnect between work ethics and
professionalism between the said employee, thus prompting the said
employee to think of filing resignation on his 3rd month of service.

QUESTION:

* Will the said employee still have to render 30 days/1 month notice
if he decides to resign from his post?

* Is there a provision in the Labor Code that would help and protect
the rights of teh said employee?

.. Correct me if I am wrong but isnt that if an employer failed to
give any contract to an employee it would mean that the employee is
technically a REGULAR employee according to our labor code?

... Also , will it also mean that since there was no contract given to
the said employee the company has no right to stop teh employee from
resigning since there is no binding contract signed between them?

I hope the GURU's of the HR Phil Org would shed light to the said
situation.

Much thanks!

The absence of an employment contract does not mean the absence of the employment relation.

Any contract is hinged on the meeting of the minds of the parties involved; the absence of a written contract does not negate the contract itself.

The absence of a written contract is not a reason to deprive an employee of all his benefits and other payment accorded by the law.

Tags
  Medical Malpractice   Mediation   Legal Malpractice   Legal Ethics   Landlord and Tenants   Labor Law   Juvenile Law   Investment Law   Intellectual Property   Insurance Law   Immigration Law
Related information
  • How to report labor abuse by KPMG?

    ...

  • Child labor help?!?

    1. go get on the computer 2. look up the resources you will need to answer this essay 3.do your own homework

    ...
  • LABOR UNIONS:Support or Nuisance?What makes you agree or be against it?(from what perspective r u coming frm)?

    i have been in a union 27 years it has served me well

    ...
  • Labor Laws involving Children-My 10 year old son has been issued a check for "work done in February".

    China or Mexico?

    ...
  • Child Labor in Canada : questions needed to be asnwered ASAP!!?

    No child labor in Canada Not so much child labor in China -----Why Not about Iran, Iraq,Pakistan? Touch Me Not

    ...
  • Labor violation in Blockbuster?

    Unless you signed a waiver of your breaks, you are entitled to your breaks under Washington state law. I once worked in a convenience store where I had to sign an actual waiver that said I would n...

  • Labor Laws.?

    Employers are not required to provide meal periods to adult employees, but it is recommended in the law that employers provide 30 minutes or more for a meal period. However, employers must provide ...

  • Labor Laws Website?

    Try here: ...

  •  

    Categories--Copyright/IP Policy--Contact Webmaster