Employment Discrimination In The Philippines In Wake
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FAQ
In the Philippines, suing a former employer for emotional distress falls under the broader umbrella of legal claims related to unjust termination or violations of labor rights.
Anti-Age Discrimination in Employment Act (Republic Act No. 10911): Prohibits discrimination on account of age such as declining employment application because of age.
In the Philippines, the concept of emotional or moral damages is covered under the Civil Code, specifically in Articles 2217 to 2220. The law recognizes that non-pecuniary losses, such as those arising from emotional distress or mental anguish, can warrant compensation.
The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circumstances. You would need one or more medical opinions to support this claim and be prepared to have those medical advisors testify in court.
However, California also permits those who only suffer emotional harm from another's negligence to recover damages in some situations. For example, if Bob accidentally caused an accident where Sarah saw her mother get injured, Sarah might suffer emotional distress due to Bob's negligence.
282 Termination by Employer. — An employer may terminate an employment for any of the following causes: (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work.
Include the following in your complaint letter: Your name, address and telephone number. The name, address, and telephone number of your attorney or authorized representative, if you are represented. The basis of your complaint. The date(s) that the incident(s) you are reporting as discrimination occurred.
Employees have the legal right to file complaints against former employers for violations of labor laws. Complaints can be filed with DOLE or the NLRC, depending on the nature of the dispute. Proper documentation and timely filing are essential to ensure that employees' rights are upheld under Philippine labor law.
2. Government Agencies and Jurisdictions A. Department of Trade and Industry (DTI) B. National Labor Relations Commission (NLRC) C. Securities and Exchange Commission (SEC) D. Environmental Management Bureau (EMB) E. Office of the Ombudsman. A. Consumer Complaints. B. Labor Complaints. C. Corporate Misconduct.
Basic rules keep your letter to the point. You need to give enough detail for your employer to be able to investigate your complaint properly. keep to the facts. never use abusive or offensive language. explain how you felt about the behaviour you are complaining about but don't use emotive language.
