Practitioners in the field of labor or Human Resources (HR), as well as managers and executive officers of companies, are aware that an employee may only be dismissed for cause. Disciplinary actions, including dismissal from work, must comply with both substantive and procedural due process. Substantive due process requires a valid cause for the dismissal. For procedural due process, outlined below, an interesting question is this: is there a minimum period that must be given to the employee to answer the show-cause notice?
We recently received a query as to how many days should be given to the employee to answer the show-cause notice. We find this query “interesting” because there is no provision in the Labor Code, or its Implementing Rules and Regulations, which spells out a specific period. What’s more interesting, however, is that the Supreme Court has construed this period to mean five (5) days from receipt of the show cause notice. [See updated discussion on Procedural Due Process in Employment Termination Cases]
The procedural requirements, as summarized by the Supreme Court, are:
(A) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. “Reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.
(B) After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.
(C) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.
please cite the supreme court case for this.. salamat po.
KING OF KINGS TRANSPORT, v MAMAC
G.R. No. 166208
Question po,
Valid po ba kung 2 months after the incident ang NTE?
Yan nga gusto ko din malaman kc two months na ung nte limot na ang reason nun or d na makapag produce evidentsx kc matagal na un.
Is it valid if the NTE is served without initial incident report 3 months from the date of the incident? i need to know what section this specific topic belongs to in the labor code. Thanks
I also would like to ask the same question.
Sa akin naman po, yung NTE na inissue sa akin is 6 months ago pa. wala bang duration lang ang pag-issue ng NTE?
Salamat!
Question: how long can an the employer wait before informing the employee of the show cause notice? The alleged act was committed 2 months ago and they only just served the show cause notice 2 days ago which was over 2 months after. Are there technicalities that would make their allegations null and void? Thank you in advance.
Can an employer terminate an employee for not attending a seminar? This company already makes their employees work 6 days a week, Monday to Saturday. They had the seminar scheduled on a Sunday, which is the only rest day of the employee. They also gave less than 1 week notice. The employee asked if she can just join in another batch in a latter schedule. The employee has to attend a reunion which took weeks to plan and confirm.
good day!
May I ask, in case of an absence of a written contract, can the employer terminate an employee? What are the grounds for termination of an employee without a written contract? Also, what are the rights of an employee in the absence of a written contract. Thank you very much.
Hi po ask ko lang po
I have been already suspended due to the first discipilinary action that i receive. What will happen if i receive another discipilinary actiondue to absenteism?
Can employer terminate the employee for not nit hitting the quota? Tge employee received the 2nd warnung letter and the 3rd warning letter is the employee need to explain why ni disciplinary action shall be taken against for failure to satisfy the requirements of the perforamnce improvement plan.
most of employer use such documents named INDIVIDUAL PERFORMANCE MANAGEMENT OR PERFORMANCE IMPROVEMENT PLAN , these are monthly made by manager and above position or HRD if they fail for 3 consecutive months these will be use to terminate the employee even you are regular
i think this documents is known by DOLE
Hi Good day!
I would like to seek legal assistance from you as for the appropriate legal procedures in handling employment termination for the following cases:
(Note: Agent Employment Status: “Floating” and of w/o Pay for almost 2 Weeks Now)
A. Agent Registered with Incorrect “Middle Name” on All Company Records (e.g. Paychecks, Attendance, etc.)
Issue: Typographical Error incurred by the Employer/ Company. Agent registered with Incorrect Middle Name/ Middle Initial
Employment Details:
Affected/Incorrect Name Info:
• First Name: EMLIN
• Middle Name: “ONG” / O.
• Last Name: NABUA
Correct Legal Birth Name:
• First: EMLIN
• Middle Name: “EROJO”/ E.
• Last Name: NABUA
HISTORY:
• LOB: BPO. Agent hired with all requirements duly submitted, received and signed by HUMAN RESOURCES DEPARTMENT.
• Checked government contributions, all records duly updated by Agent with correct information.
• Agent still under Probationary period. However have noticed about the incorrect Middle Name/M.I. on assigned log-ins. Agent raised and escalated concern to immediate Training Manager and was promised data shall be rectified.
• However no Immediate changes on the records name rectified, thus Agent received 1st paychecks with incorrect name on cheque,
• Agent escalated complaint to H.R and Payroll Department this time as per Bank Regulations, incorrect name on cheques shall not be honored. Agent was advised by some Veteran Agents and in desperation followed the group to a cheque exchanger (black market)
• Cheque converted to cash.
• Agent made multiple follow-ups for the incorrect name be fixed and until now, not all records were fixed as per Agent investigative inquiries to all appropriate departments.
• Agent ATM/paychecks for a month of Incorrect Name. Agent and his family suffered financial struggles within the time being.
QUESTIONS:
1. Can Agent Name be rectified during overall duration of his Probationary Period? And how can this is fixed?
2. If this is caused by the company’s typo error who shall initiate the proper immediate corrections?
3. Will the Agent’s Employment History Records be affected in the future? Or if this shall significantly impact his future employment applications?
4. How would the company treat as such and the employee’s rights under Philippine Labor Code?
B. Agent Subject for Termination without Due Process of Law
Issue: Agent went “off-the-phone” and was not allowed to take calls and perform duties. Agent was informed received an “escalation report” from client due to fraudulent behavior. Agent never received prior notification nor initial coaching review performed and assisted by immediate supervisor and team Quality Analyst.
HISTORY:
• Agent sales performance placed in question. Agent sales were investigated, as quoted “ Management Finding: invalid and were wrongfully placed as Agent role-played the order transactions and acquired customer Credit Card Information, which supposedly out of the Agent’s scope of service.”
• As quoted, “Associate Manager: This was already observed as the agent’s behavior and investigations were validated by some witnesses about agent’s misconduct.”
• Agent never received any prior coaching reviews correcting Agent’s wrong call procedures. No Immediate supervisor intervention nor management incident reports as to call out the agent’s misconduct.
• Issue was then made into serious account and elevated for Administrative Hearing only up until there was already a “Client Escalation” that has happened.
• Agent were not given the proper documentation (e.g. complete call recording, video captures/screenshots, etc.) in respect to Agent’s incurred mistake for fair judgment and transparency.
• Agent was never given a copy of the escalation case/termination notification as held against company’s confidentially rights stipulated on the employment contract.
QUESTIONS:
1. Can the Employer immediately isolate an agent without his proper knowledge of the incident? Is there a legal process to handle such “sensitive” cases such as fraud and misconduct under our Philippine Labor Code?
2. As far as Agent experience is concerned, and as far as the BPO/Call Center Industry proper management procedures are concerned, there should have been an immediate supervisor or management intervention happened as to correct an agent improper behavior and misconduct to prevent future company damages and client negative escalation reports.
Was there an evident lapse in supervisory support and assistance happened in this case? What could have been the proper management performance handling?
3. Agent scheduled for an Admin Hearing, with Management Group and Human Resources. What are the legal process and how what will be the timeframe serving the applicable notices?
4. Is there a way an Agent redeems himself if proven the conduct was performed out of “Good Faith” as to maintain his sales and add performance points without compromising account jurisdiction? What meant is that the Agent exhausted all possible efforts to faithfully perform his daily duties which include: A. Reporting all computer issues and call downtime via group Chat (AIMS) and supervisors-on-duty? B. Escalated all possible chronic issues, as per based by agent BPO experience and/or related field? C. Real-time assistance and offered suggestions to management for affected concerns and seat transfer request for hardware/technical issues beyond agent’s control? D. Agent followed his “Support Info” – an agent tool guide/manual bible for all updated alerts and processes, in which, as far as Agent’s training is concerned, must be followed as newer updates are posted real-time. Not all manuals are taught within the short length of time in training.
5. Kindly enlightened us of all possible applicable legal process and employment rights for both Employer and Employee and how should these be agreed upon under fair treatment protected under the Philippine Labor Code.
************** SUMMARY *****************
a. What is Fraud and how is this treated per employment jurisdiction under Philippine Labor Code?
b. For cheque/payroll that was exchanged in the “black market” due to financial need, is this legal? Given that the exchanger received the cheques with incorrect name several times and was converted to cash with 10% deduction from total amount. Will the affected agents be legally held against as also a part of such transaction?
c. What will be the applicable damages filed against to the Employer? Of the clerical error and of the after-effects with respect to the agent socio-psychological interaction towards and within his working environment.
d. No notifications, SMS, calls or letters sent to employee from management, company, and from immediate supervisor about agent employment status. Agent currently on “floating-state” and had been out of office due to shame and lack of intellectual confidence as no previous criminal records, or misconduct of relation evident from agent employment history.
e. Agent still on Probationary. But no contributions were credited to Agent’s SSS, Pag-ibig and Philhealth records. Agent printed updated copies to support dispute.
Kindly assist us. Our family is in confusion as to how to overcome this crisis. I could not fully explain to them the details as the company will not provide me a copy of the incident/case so that our family can review over the company complaint against me.
Thank You so much and God Speed!
Respectfully,
EMLIN EROJO NABUA
(Agent-in-Grievance)
Contact: +639428152315/ +639269636955
Skype: emznabua
hi i recieved a notice to explain from our HR and there are asking me to explain about the offense i had back in august (aug 20 2015) under class C or terminable case however from the time of comission i did not recieved any memo or coaching log i did not sign any acknowlegment for the same and i was surprise that on oct 7 i recieved this notice.
does anybody knows if the NTE is still valid and it is not condoned since i was not given any DA or coaching within 48 hrs from the time of discovery of the offense?
Yes Mark, the NTE is still valid, it is only the first notice not yet the 2nd notice with the DA.
Actually the NTE was invalid if it was not served within 30 days of the date of the offense being realized by the Employer. If more than 30 days, and they continue the process, file with NLRC.
Hi Tatay,
“Actually the NTE was invalid if it was not served within 30 days of the date of the offense being realized by the Employer. If more than 30 days, and they continue the process, file with NLRC.”
can you cite a reference for this? Thanks.
Questions:
1. Can an employee be terminated without him knowing about it first? Employee is under preventive suspension for a case under investigation. He was terminated October 28, 2015 but the notice was received through LBC on November 3, 2015. The employee has been contacting his employer about the status of his case through email and text messaging but he was not informed about it. Is this violation of the due process?
2. Can this employee file illegal dismissal because of procedural due process (am I correct?)
Many Thanks.
Can HR Department conduct an interview or fact finding (its like an admin hearing with my understanding) without my respective Team Lead? I am from VXI Global Holdings, a BPO company. HR Team/Representatives, our Associate Director and Fraud&Legal department representatives called out my name while am on a call assisting a customer. They invited me to a room and they conducted an interview, fact finding as per them. “Piniplit nila akong paaminin sa isang issue sa buong account namin within the company, dumating sa point na pinagtaasan na nila ako ng boses para sabihin kong OO. Nung una piniplease nila ako na umamin na. Alam daw nila ang ginagawa ko but unfortunately walang akong idea kung bakit nila ako kinakausap. They didn’t even send a letter or email to me that I have to attend that kind of conversation.Para akong kriminal na pilit nilang dinidiin sa kasalanan na lahat. Pakiramdam ko ginawa nila kong alay just to cover up an issue na gusto na nilang tuldukan at masabi nalang na tapos na.” I need help at this time. I have many questions in my mind but my bosses can even answer any of those. Sabay sabay na silang naghugas kamay.
This just happened to my sister and her lead in the COMCAST account. I think it’s better to report this to DOLE as there is an increasing number of cases like this with this company. I have just reported hers.
Does this apply to agency employees as well? An agency employee was caught by the guard on duty stealing raw materials from the principal company, does the principal company management have no right to ask the agency to replace the said contracted employee immediately?
Would really appreciate it if you could enlighten me.
Thank you.
Bngyan ako ng show cause memo ng boss ko dahil Ngkasagutan sila ng husband ko over the phone nung time na supposedly my schedule ako para pumasok and due to unexpected problem s hws hndi ako nkapasok. My husband call her to inform and explain the reason of my absent. Yun nga lng it leads to an intense conversation. Is it valid n yung boss ko mismo ang ngbgay ng memo at hndi ang hr?
What happens if an employee (designation is HR/admin,status probationary) is given an NTE (notice to explain) regarding behavioral attendance&tardiness issues fails to acknowledge and instead counter reacted with an immediate resignation letter?
Chat Conversation End
Hi,
Hope i can find an answer here.
I am currently working in BPO company.
I was suspended for 30 days for a reason that i comitted a terminable offense. They said that what i did w/c is “saving a credit card info of a customer” is a terminable offense. Wala po kami o akong information about dun. Hindi rin po kami maayos na nainform about sa policy na un at wala cia sa contrata. Ngaun halos mag iisang buwan na wala pa rin po kaming update mula sa kanila at gusto ko po sana malaman kung tama ba na eterminate ang isang empleyado sa kasalanan na hindi naman sila well informed.
When you seem to commit an office like tardiness during Audit Season, then you after the Audit Season you have received a 6 month assessment of your reporting time to office; is it right and lawful? What is the minimum required time in the office or by the HR to issue a memo on tardiness?
For Recap, the Accounting Team has lost their Accounting Dept. Head and as a result they were all the ones who face the Auditors and work midnights, overnights and even weekends with no restdays not even paid a a full overtime pay…
I only want to ask if the timeframe for the issuance of termination notice was still inclusive or valid in the right to due process of an employee if the notice was only issued after four months upon the violation of the said CRR/Company Rules and Regulation..?
Training po ako and i received nte bec im absent. They give me 24 hours to explain and nakipagusap po ako na it should be 5 days para po ma depensahan ko ung mga grounds na inindicate nila sa nte. Pinagsign po nila ako without discussing kung para saan yung nte. Nagdemand po ako ng copy kase ang alam ko before you sign it dapat may explanation ka. Tapos pinalitan nila ung 24hours ng 5 days for me to explain in written on the same paper.ngtataka lang po ako after i received my copy wala pong naka pirmang hr man lng. Now after 2 days they decide n daw po na i terminate ako eh hindi pa po tapos ung 5 days e, and wala parin po ung explanation ko na ipapasa ko po ng 4th day sana. Tama po ba yung ginawa ng employer ko sa akin. Please help po. Ty
panu po un hearing kpag naserve n po un NTE nkpag submit n po sy ng explanation and she admit the violations at isa ln po un nag contest sya. and we put the employee in preventive suspension. what will be the process po ng hearing.
thanks
I am a operation manager here in our company and I handled 3 different areas of warehouses, 1 in southern Luzon and 2 in northern part. To cut it short, my depot supervisors was charged a terminable offense due to “Negligence” because of delay application of our business permit then our warehouse was foreclosed by the municipal government. The task of applying permits is not her task as operation supervisor and she was hired last July 2015, our company did not secure permits since 2013.
I also received a NTE due to “Negligence” too and subject for termination. I reiterate that I did not violated any company policies ‘cos this is not my job but its admin responsibilities. My senior manager calls me forcing me to resign.
Base in our Code of Conduct as I review, no “Negligence” offenses indicated, how can they apply sanction since there is no such violation indicate in our COC?
Please help me to understand my case.
Thanks and God bless
hi, what if the ground needs no explanation, such as, sleeping at work, leaving company without authorization, which is accdg to our handbook already a ground fro termination, is the 5 days period still applicable?looking forward to your reply
Hi, i would like to ask. Can the employer twrminate you just because of an incident report wherein you entered another site of the company you are working for? Thanks
Pede pong paki explain ng labor code article 14.2 at buong article 17
Hi just want to ask kung pede po b ako magfile ng case against sa company namin regarding my status. I was suspended for 30 because i have a pending case with h.r. My suspension started sept 02, 2016. We already had a hearing about my case, then the management just inform to wait for the result or decicion about it. They get my, phone number, my home adress and my personal email address, they informed that I will receive an email regarding all the minutes of the hearings that we had and of course their decicion regarding my case, my 30 days suspension will be ended on Oct 02, but still up until now I’m not receiving anything from the company regarding my status. Until just today, one of my officemates informed me that my status in the office is already RESIGNED EMPLOYEE. Do I have the chance of filing any case for my company about this. Please help me, I need some legal advises.
Good day . I would like to know to whether what right do i have against manager who mis treatment employees like shouting or yelling or gossiping someone in the working area where customers in the convenience store can hear and see it .
I just want to consult I had an admin hearing because of absence and I was suspended for it for 3 days after the admun hearing
Now I recived another invitation for admin hearing for dismissal pero ang date ng “offence”na naging basis nila for dismissal are offences of absence BEFORE the first admin hearing. So was thinking kung ang ginawa nilang basis for dismissal is an absence before the first admin hearing and not after the 1st admin hearing parang mali kasi anong silbi nung cvommitment ko not to be absent nung admin hearing kung ang hinugot nila for dismissal is an absence before the first admin hearing. Is what they’re doing legal?
Good day I would just like to consult
I would just like to ask, I had an admin hearing with H.R. First week of october for my absences incurred sept. It was an admin hearing for suspension.served my suspension mid oct after the admin hearing.last week got a notice for admin hearing for dismissal pero it for an absence incurred september which is an incident of absence before the first admin hearing wherein I was suspended.can they terminate you for an offence that incurred before the 1st admin hearing?
Diba po the reason for the admin hearing is a chance for you not to commit the same offence pero bakit ang hinugot nila for dismissal is an offence before the first admin hearing?so parang nawalan ng saysay yung commitment ko during not to commit the same offence during the first admin hearing ? Is that still legal process?
Can habitually coming late and trying to hide by telling lies be enough ground to terminate an employee
hi,
I would like to seek advice from you, this case is from my co worker.
He receive an NTE dated Nov 17, 2016 commiting theft and misappropriate of company funds dated November 14, 2016 but he tender his resignation November 16, 2016. But still he is willing to reply the NTE recieved.
1.) He is asking if the NTE he receive has value, even if the effectivity of his resgnation is Nov 18?
2.) He wants to know on what is his next steps?
thanks
evet
Gulity po ako sa memo sa akin and i was terminated during my Preventive Suspension period. Effective immediately ung termination ko. May habol pa po ba ako?
I would like to know what to do if my case was not address properly by the H.R department of the company. They served Due Process Form to the accused persons to explain their side but there’s no update for about a month already. I spoke to the H.R staff 4 times already on a different dates to follow up my case, someone told me that she is just in a meeting when I send her a message and but never talk to me again to provide updates. My situation is getting worst because of the traumatic experience that I had last month, I’m not comfortable anymore to work with them because of their unprofessional actions against me. The accused person is one of the teacher’s pet here in our company that is why a lot of delaying tactics happened just for me to let go of the situation and forget about everything. Please give suggestions what to do. Thanks!
Nag absent po aq ng isang araw at tumawag s leader q n masama ang pakiramdam q, nong pumasok po aq di q n file ang leave ko binigyan po ako ng boss ko ngmemo n 14 days suspension possible po b mag cause ito ng termination laban sa akin?
hi ….. just a question lang po.
kinausap po ako nang mga boss regarding sa “case” ko ….. im aware that this is hearing because they already told me 1 week before. but i attend the hearing without any counsel or representative on my behalf. of course any defense na sasabihin ko eh may sagot din sila.
wala po akong kasamang representative that time pde ko po ba na maging laban ito sa kanila ?
If you willingly did not bring any counsel during the hearing, then you basically waived your right to counsel and you cant used this as basis for possible legal action.
Good morning. Im working is account manager in distribution company. i was a probitionary period for 6 months. I didnt meet my quarterly target for two concencutive quarter. My superior told me that may last day of work is on dec 8 2016 verbaly with out documentation. I didnt recieve my 13 month pay and my last salary. Would like to know if tama po ba ginawa nila sakin naka hold sa knila ang 13month pay ko and ung last salary. Looking forward to your response. Thank you
hi
i would like to seek advice or answr from ..
i am an empolyee of a cooperative for almost 4 years now. And just last month i receive a memo stating that i am under 30 days of preventive suspension undr investigation in compliance of a due process .. And now after the 30 days of my preventive suspension, the employer gave me another memo stating of the anomalous and unlawful conduct and activities that has been filed to me and they want me to explain the reason why , with in 24 hours and that i am still not allowed to report to work provided that they will pay me of the extension of my suspension .. 1 wk aftr i submit my explanation, the employer then now gave me a memo. a notice of termination due to anomalous. which is so hard for me to accept. The memo of my suspension states that aftr the investigation, the grievance committee will notify me for the next administrative hearing but after that 30days , instead of admin.hearing they serve me the notice of termination.
My question is, is it ok that they didnt called me for the admin hearing? am i still qualify to rcv my 13th mo. pay, my last salary, cash gft or other bonuses and a separation pay? because until now i ddnt rcv any of that. the management says that the 13th mo. and salary has been hold by the bod and that they did not tackle abwt the status of my cash gift if i am able to rcv or not. My last day of work before i am suspenped is in the middle of november 2016.. hope u can help me with it. thanks
Magtatanong lang naman po ako kung may mahahabol pa po ba ako sa aking kompanyang pinagtrabahuhan ng almost 7 years and 8months. Naterminate po ako last December 2, 2016 dahil sa grounds of Tampering which is automatic termination ang nkalagay sa Code of Conduct ng Company namin. Aminado naman po ako sa ginagawa ko. Nag tamper po kasi ako resibo ng hotel which is allowed sa amin eh 1,3K eh ang aktwal hotel expense ko lng naman po during nung nag Davao po ako eh 800 pesos lang. Kaya ko naisipan mag tamper which is Mali naman talaga po. Yung po kasing bagong President ng Company eh foreigner na po kaya hindi napakiusapan. Automatic termination na which is sabi ng iba kung kasama eh sana pinag force resignation na lang daw dpat nila ako. Kaso TERMINATION po ang ginawa sa akin. Wala po akong nakuha sahod maski yung isang linggong ipinasok ko. Saka wala din po akong Certificate of Employment na ibingay sa akin. Kaya po ngayon ay hirap na hirap po akong makakuha ng trabaho. Breadwinner pa naman ako ng family ko. Sana may nakapg advise naman po sa akin kung may mahahabol pa po ba ako. Aminado naman po ako sa kamalian ko. Salamat sa mga sasagot po. Thanks!
need thoughts on my case … can you be accused of theft kung wala namang nawala? my co employee accused me of stealing wherein wala namang nawala sa kanya though nakita sa cctv na 2x kong hinawakan ang bag nya pero wala namang nawala. sa admin hearing walang kasamang legal rep ng ofc, 2 hr and ung head namin nung accuser. k was given a termination letter which i need to step out of office same day. tama po ba iyon? hindi naman nakita sa cctv kung binuksan ko ang bag and tama ba na same day akong paalisin? i was in the company for 6 years walang bad record, i even had multiple awards, all my records were good.
Hi,
I just want to ask po if allowed bang mag add ng evidence si HR outside dun sa naka state NTE (Notice to Explain) that they served? Di po ba na yung NTE is expected to contain all the necessary details, solid evidences, and narrative stating the alleged violation? They reserved the on Feb 13 and went back to me after 2 weeks and invited me for a hearing and they said there’s a new evidence against me. im hoping that you help me with this. Thank you.
Good Day, May I ask if the employer can serve Termination of contract without giving the first notice of preventive suspension and not conduct hearing or conference for the employee to be heard or explain his/her side.. i hope you to answer my question, thank you.
Got suspended on Dec 19,2016 due to tardiness. Receive a final written warning on Dec 29,2016. Admin hearing on Jan 5,2017 , I told them na I’ll pass the resignation letter na lang and so I did the next day (Jan6). They told me that whichever comes first (result of admin hearing & 30 days render). Last January 12,2017 they told me to go to the hr/er office after my shift. Pagpunta ko po dun sinabihan na ako na yung araw na rin yun ang last day ko at terminated na ako.
First Question: May possibility ba na makakuha ako ng separation since 1 yr & 4 naman ako sa company & regular na ako.
Second Question: Pwede ko bang e reklamo sa DOLE/NLRC dahil hindi umabot ng one month ang pag terminate sa akin? Nabasa ko po kasi sa ibang article na before e terminate ang employee dapat ay may ma receive sila na letter indicating her/his last day of work. Please advise.
Thanks,
LC
Hi! Is a termination letter valid if the letter itself has no HR signature but all the other things that you mentioned are presented?
I have a query. I hope someone could enlighten me.
Can an employer terminate an employee because of not submitting a leave form because the employee has no leave credits left? The reason for the absence is illness like flu. Hence, the employee was marked absent in all of his classes on the specific period of absences. The employee has already sent a written explanation of the absences. The absences were made January 16 to February 3 (not consecutively made). Then the written notice was made April 10 and received April 25. Can this be a ground for termination? Thank you for taking time answering this.
what if yung hrd ay pinagsabi sa ibang tao ang DA na ibinaba saken?
ano po ang pwede kong ireklamo ?
What is the duration of a violation from a Civil Service Employee of the Philippines before it can be filed for disciplinary action?
For example Tardiness how long should it take to receive any notice for disciplinary action?
Hi,
I have been placed under preventive suspension for an incident that took place last November 2016. My co-worker filed a complaint against me last May 9 and in May 29 I was served a preventive suspension. I understand that an employer may “may place the worker concerned under preventive suspension only if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.” My questions are:
(1) is it possible to challenge my supposed “imminent threat” to the workplace if the incident happened last November and the co-worker is still able to go to work and that why did it take 20 days to put me under suspension if my presence posed a threat to the company?
(2) Can I resign under preventive suspension? I was asked to attend a hearing and submit my response last June 5 and I did, admitting to the offense, but a day prior to that I submitted my letter of resignation. Now I have not received any acknowledgement of receipt of my resignation since I last sent it 7 days ago and the HR manager is insisting that: (a) she cannot accept my resignation because she is not my superior, but I have emailed my superior the letter since I am not allowed to enter company premises; (b) they will have to finish the investigation before responding to my resignation.
Will appreciate your thoughts on what my next course of action could be? I don’t intend to return to the company and just want to carry on looking for new employment
We had a shortage amounting to 85,000 last february, after preventive suspension for over 1 month our employer decided to terminate our employment due to loss of trust and confidence. We already tried to settle this before the suspension. Our boss decided to divide it to all on duty staff and she decided to deduct it to our salary for 2 cut off. During our suspension, she returned all our payment and our salary. Then one of the staff invite us to go to our office to receive our letter of termination. Today, I received a letter that his attorney were asking us to settle the 85,000 within 5 days or they will file a case. They just chose us, 3 senior staff to settle this.
May habol po ba kami kung sakali? During my shift, wala pong nakitang illegal activity nung pinareview sa cctv. Saka gano po kami katagal nila pwede takutin sa kaso? Simula umpisa po kasi ayun na ang sinasabi ng atty nya pero sa resolution na ginawa dismissal lang naman po. We worked in a VIP Casino Junket and our boss our not paying overtime and holidays.
Also that time, nagkamali ng record ung night shift may hindi naipasok sa rolling na 87,000,000 sa account ng player so she enjoyed the 1.25% commission of that. Kaya ang buong akala namin yung mali na shortage ay hindi nya na sisingilin.
Good morning, I just would like to ask if I can refuse an admin hearing if I have already & willfully admitted in my Notice to Explain my fault in violating one of our company’s code of conduct (punishable by 8-10 day suspension up to dismissal depending on the gravity of the offense)? I just would like to spare myself the stress and trauma that it may bring about to my 50-year old body.
After receiving an NTE without a notation that the employee is suspended. Is it legal for HR to advise the employee not to go to work because in the system the employee is not yet reinstated/reactivated.
Hi Attorney,
I just have a couple of queries.
Is it fair if my employer first advised me to go on LOA until such time that I get to have my nbi clearance submitted( my clearance got delayed because of a f*ck up in the satellite office) then when I got back they issued me a Final Written Warning?
Also, i got termed from my last employer because they told me that I have violated their attendance policy. I was already at my final written warning and then my wife(we are married I am an m1) got rushed to the hospital. I had to attend to her and even called the office about what happened. I have all the necessary documents at hand proving that she was confined and was discharged soon after.
I went back to the office and my manager told me to submit an NTE in which i did together with the medical certificate and discharge papers of my wife. They never told me of the process. I was thinking that there would be a hearing then a deliberation but there was none. After a week they asked me to attend a meeting. Without any warning whatsoever they terminated my employment during that meeting. They are asking me to sign an acknowledgement form which i refuse since I dont think they followed due process.
I want to file this as a case in NLRC – I just want to ask first if I have any chance on being treated fairly.
Thanks for your advice,
Being HR what are the main reason why employees leaves Business process outsourcing companies?
Binigyan ako ng NTE (Notice of explanation) kasi banging of mouse and being an argumentative sa customer. Ang masaklap hindi muna nila pinakinig sakin yung calls. Tapos may mga dinagdag pa na may escalated calls daw ako na agent related eh hindi ko naman matandaan na may coaching ako tungkol dun. Ang dami pa nilang nilagay na reasons dun to terminate me. Nagkaroon ng hearing kaso hindi kopa nalalaman ang result. Ilalaban ko yun kung sakaling iterminate ako. Pero gusto ko munang malaman kung valid ba yung ginawa nila? Kasi wala akong coaching para sa mga escalated calls na agent related at hindi man lang nila pinakinig sakin yung calls kona argumentative daw ako.
ako po ay isang call center employee na tinerminate ng company ko kanina lang dahil sa isang reklamo na ako daw po ang lahat na may sala. inamin ko naman yunh pagkakamali ko pero sa hearing di naman nila ako tinanong ng maigi. naniniwala po ako na hindi po makatarungan ang ginawa nilang ito sa akin dahil sa yung mga puntong niraise ko sa explanation letter ay isinantabi nila at ayun sa desisyon ay ako daw lahat ang may sala. kanina po sa office ng hr ay minamadali po akong papirmahin nung notice of termination tumanggi po ako at sabi ko may karapatan akong sumangguni sa mga nakakakaalam ang sabi po nung hr officer nung una ayaw daw po niyang magintay kase may petsa na nakasaad na sa notice. iginiit ko ang aking karapatan at di ko pinirmahan alinman sa dalawang kopya nila. sana ay matulungan niyo ako sa bagay na ito.
Sir,
I would like to know if it is still legal to served a NTE to an employee if the incident happened more than 30 days?
Thank you for looking on this matter.
I would like to seek advise, if breach of code of integrity and confidentiality is just only subject for the written reprimand? She disclosed information to other employees without my consent regarding my Medical Certificate and it is being questioned there by my immediate superior during the meeting and I want to ask if I have the right to ask for a copy of the Written Reprimand issued by my manager to make sure that it has been issued by the HR to my immediate superior.
Hi,
I would like to consult regarding a case for termination.
I am working as a probationary employee and has sent my resignation last September 13, 2017 due to personal reason and it was agreed by my HR manager. After 1 week of resignation the HR manager has given me a Disciplinary Action regarding my late on the month of August and September which resulted to my termination but still they told me that my last day will be October 13, 2017. Is there a violation about the action of my employer?
Thank you and more power!
Regards,
Brian
Hi there.
I got terminated without due process, what should I do? Can you please help me?
I have a valid Medical Certificate and it was validated by the clinic.
Looking for your response. Thanks.
Good day,
Last October 5 Nagutos ako s Philcare (Maintenance/Janitress) para mgbayad ng penalty namen s BIR s Banko. Kaso hindi nabayaran dahil may mga question n hindi masagot. Nung time n yun lutang ako dahil ung anak ko may saket, ngpaalam pa nga ako ng half day dahil need ipacheck up and later her pedia advice me to confine my baby. Pero dahil nga sa ngyari pagpasok ko s office, naiisuehan aq ng memo na non performance of duty and its ground for termination at sinabi pa ng executive director namen n ngdecision n ang board n iterminate ako.
Ask q lang tama b ang ginawa ng employer ko o pede aq mgfile s DOLE ng illegal dismissal?
Thanks s sasagot
Hello sir,
We were terminated in our jobs, me as csa/teller and branch Biller, and the two plumbers. Kasi po nag coconnect po mga tubero namin ng new connection.minsan po eh gumagawa sila ng after the meter which is bawal po during office hours. Ngaun po nahihiya po maningil ung mga tubero kaya po nakikiusap po sila na idagdag ko sa first page ng official receipt ng customer ung babayaran ni customer tapos po ung second page nya or ung duplicate copy po ng official reciept ang nakadeclare po dun ay ung talaga po na babayaran ni customer sa company. Ang nakalagay po sa ibinigay na disiplinary action is Termination. although binigyan naman po ako ng memo regarding dun. pero ung dalawang tubero po ay walang nareceived na memo. letter of termination po agad.
Makatarungan po ba ito lahat. eh wala naman po cutomer na nagreklamo.Bali po ung guard lang naman po dito sa company ang nagsumbong at kinuha nya lang po sa customer ung mga resibo para po may ebidensya sya.
Hi. I just want to ask if there’s any case that can file to the company because they’re accusing an agent about fraudulent activities that they didn’t do?
Please answer thanks
Hi i am former operation management former Branch manager in motorcycle company our hr send a show cause memo dated nov. 18 giving me five days to send a written reply but show cause is dated nov 20, 2017 8:30 am also attach in show cause clause of insubordination if you dont attend so i dont have choice no atty at law ofc on sat and sunday, monday i appear in hr ofc i admitted that i did not yet declair the amount purchased in spareparts becaused the buyer is not yet paid in full thats one of reason, nov 24, 2017 i was informed to prepare my report of buss analysis for the pres. and vp acctg mngr, hr mngr and audit mngr, nov 27. 2017 before my report will end the hr and audit mngr deliberately keep arising my audit findings in the middle of my report after my report our VP told me that im in a indifinite suspension and i also acknowledge the said accusations is true i did not yet charge it in our charge slip but i did not steal or use it personally i spend it in comany needs and reimburse and use it again for other needs of operation, right now i dont have capacity to provide the needs of my family because of my suspention, they hold my salary on dec 5, 2017 and my 13th month which was given on dec 15, 2017 one of my staff told me that my name was not on the due of pending case i was really pissed of they step on my rights i start as one of the lower employee of the company i sacrifices 4 years in this company and got promoted due of dedications even i am under wages or compensated mostly or our high rank official came from outside motors industry i dont have any savings, my savings is my cash bond and they also still did not returned it to all employee even the DOLE already issue an order to this can you please give some legal advise
Dear sir
I need to seek advice po last October 2, 2017 I received a showcause memo from the dean’s office and stating some students complain about me, they gave me 5 days to answer the letter and I already response before the said minimum deadline and submitted my cause of action. After that according to our HR they will schedule a hearing but until now almost 2 months of waiting according to them they will reschedule it by next year without any specific date when it will be the hearing proper. I received another letter from our HR last December 11, 2017 stating they will move or rather reschedule the hearing next year without any date mention according to them because they will be many occasion this month of December and they are busy that is the reason why they will move it into next year. My question is this why does our HR keep on delaying the date or day of the hearing even if they send another letter but is this fare enough on my part wherein I already explain and answer the complain letter. I need to find the current answer to this situation because it take almost 2-3 months . Thank you very much…
Sir is true na hnd na po pwede ang template sa memo?
Hi,
I would like to ask, is it possible to terminate a security guard due to refusal of re assigning with new working location. The Supervisor inform the security officer only one day before the turn over and over the phone. no proper or written notice was serve. The security officer refuse to be relocated due to lock of preparation and family matter.
Thanks,
Mae
Can this be considered as an admin hearing having 5 representative including the HR representative Tm, Account manager vs One employee that has no representative.
That the HR questioned the morality of the employee
That HR cited the employee as “Childish” uttering in an insulting tone of voice.
That HR mentioned too that you will not win at any court using your excuses.
Here is the Explanation of the employee:
Allege infractions concerns the following:
? No Call No Show or otherwise known as “NCNS”
? Logging in and out without reporting to work
? Disclosures and sharing of passwords, NT log INS.
— — — — — — — — — — — — — — — — — — — — — — — — — — NOTHING FOLLOWS– — — — — — — — — — — — — — — — — — — — — — — — — — — —
And to start with, allow me to explain the following details to explain my part and after to also provide
my thoughts regarding this matters imposed against me.
? That I appreciated that you informed me regarding this issue concerning my allege infractions
and allowed and given me the chance to explain my part as part of the due process of this allege
transgressions.
NCNS – No Call No Show.
In accordance with the Employees hand book as
TITLE 1
ATTENDANCE, WORK SCHEDULE AND OTHER EMPLOYMENT PRACTICES.
Section 2. No Call – No Show, AWOL – Absence without Official Leave and unauthorized/unexcused
absence.
(Each day of No Call – No Show, AWOL or unauthorized/unexcused absence is treated as a single
offense, consecutive or otherwise)
1st 2 nd 3 rd 4 th 5 th
VW WW FWW 3S D
? That dated December 7, 2017 I came home from Guinobatan Albay due to my Uncle’s death and
I have to be the one to represent my clan as I am the only one that has valid documents to
represent our clan in signing documents.
? On that same date my shift schedule is as stated fro11: pm to 8 am. From Guinobatan Albay, I
manage to be home and just refreshed myself and proceeded to the site. I managed to log in at
IROZ by accessing a PC at the COL bldg. With the permission of the on duty Security guard which
name I can no longer recall.
? That I punched In IROZ at around 8:30 pm and since my shift is at 11 pm I took advantage taking
a nap to relieve myself since I am very exhausted.
? That due to tiredness I over slept and woke up around 5 am and I was no longer able to report
at the production floor.
? Dated December 14, 2017, TM XXXXXXXXX called my attention via email and requested to
have a one on one session with him regarding the team’s Shrinkage” thus he uttered “
Kailangan next time pagmay absent magpaalam at I avoid ito as much as possible” which I
appreciate that he understood.
? Dated December 11, 2017 wherein we have a new schedule from 9pm to 6am, I went at the
new Building Nap rum to take a nap before reporting to work and unfortunately I overslept
again, and when I woke up, I went in at XXXXXXXX bay located at the 2 nd floor new bldg. And
approached an agent that I can no longer recall and logged in IROZ even I am already beyond my
reporting time.
? That on the same date when I was on my way downstairs I seen, “XXXXX” a certain support of
McAfee that was noted with attitude, due to her presence as a Harsh person at the production
floor I was rattled and no longer reported at the prod. Floor which was my supposed attention
after I logged in at IROZ even I am already late.
? That given this reason that leads to my infractions, I like to apologize and hoping to give me a
chance since these are non-intentional and I’ve been with the company for years my family and I
even decided to move our home at the back of the company site just to comply the schedules
provided to us. Also even we are consistently moved from one account to another which has
given us the tough that this constant transferring of account is a company strategy or also
known as Constructive Dismissal which I am hoping it is not as we know the news that peak
season has ended and the company needs to lessen head counts to cut off the operational
expenses and this allegations are only part of the discreet dismissal procedure.
? I know that I can display my rights too, being an employee here for more than a year now,
Actually since 2012, and hope this company also recognize the following violation to have an
immediate course of action observed by yours truly to show that the company house rules and
regulations/ code of ethics and conduct is FAIRLY OBSERVED and implemented.
Moreover, Thank you again for allowing me to explain my part, I am willing to take any course of action
to me as long it will not lead to termination of my employment, however if the mentioned termination
suffice , I will execute my rights to further contest this allegations imposed against me in a legal way.
Hereby submitted this day of December ________ in the year of __________.
XXXXXXXXXXXXXX
Received by: Submitted by.
Date Received.
Also They have filled a complain letter too regarding an employee but was refused to be signed by the HR representative.
TO HR
FROM : XXXXXXXXXXXXXXXXXXXXX
SUBJECT : Complain letter
Greetings.
We would like to formally file a complaint in regards with the following reasons in connection with our
Handbook:
Attitude towards Co-employees and Superiors –
You must be able to show respect to your superiors, co-employees and others in general. You must be able to work
well with others. This includes the ability to cooperate and to work as part of a team.
It was also mentioned that
“Everyone is expected to maintain a positive work environment that includes respect for individuals and treating each
other as we would like to be treated. We owe it to each other to promote a positive work environment to conduct all
business in a professional and positive manner.
Based from the company hand book, it is stated the following.
1. Shouting or utterance of invectives, obscene, rude, sarcastic remarks, and disrespectful or
abrasive comments and/or insulting words or discriminatory languages against another
employee, customer, client or business partner.
1st
D
2. Use of discriminatory language in reference to race, religion, gender, ethnicity, sexual
preference/orientation or lifestyle against another employee, customer, client or business
partner, whether heard or not by the other employee, customer, client or business partner.
1st
D
Our complaint s are as Follows:
The support assigned to us under the name of JOANNA TRES REYES was noted too harsh when it comes
to her behavior at the production floor and often noticed shouting to agents if none of the agents has
made any sales and even hold breaks that demotivate co employees especially newbies like us. She was
even tagged rude than the team manager that was so nice to us and act “Professionally”.
That dated December 30, 2017 the mentioned person (XXXXXXXXXXXX) was in RAGE and
approached us showing her resentment and FINGER POINTED at “us” NEWBIES and uttered unsavory
remarks due to we do not have any sales yet and we feel we are insulted at the production floor due to
her sarcastic & discriminatory manner and language.
We also received and email dated Dec. 30, 2017 as follows:
GOOD JOB,!
XXXXXXXX and XXXXXXX– ALAS 7 KAMO NAG LOG IN, ALAS 10 NA BOKYA PA GIRARAY?! MOVING
FORWARD, STOP USING AUX 7 FOR YOUR DOCUMENTATION! NAKA PRIO 2 TABI KAMO, LEARN TO
MULTI-TASK AND PARA MAKADAKOL KAMO CALLS!
IPAPA-PRIO 1 KO NA KAMO! IRISKUSAR!
Note that we are only newbies and she will transfer us to PRIO 1? We are not yet well versed and
knowledgeable to the process. Is she willing to take that risk just to make sales?
Also during our NESTING time. Why are we taking in calls for the entire shift even sometimes without
the presence of a support? Without the support and familiarized with the process the risk of providing
incorrect resolution to a client’s concern is crucial and can affect the integrity of the account due to
allowing newbies with no support to take in calls for the entire shift with no support that can leads to
providing incorrect resolutions to the customers concerns, even the tenured agents refused to provide
assistance as noted having “Attitude issues”
Also we are fully aware that Unjust vexation is punishable under the 2nd paragraph of
Article 287 of the Revised Penal Code that says:
“any person who commits a course of conduct directed at a specific person that causes substantial
emotional distress in such a person and serves no legitimate purpose shall suffer the penalty of arresto
mayor in its minimum period or a fine ranging from PHP500 (US$10) to PHP5,000(US$100) or both.”
Hence we are executing this complaint so for your office to be aware of this person’s attitude that
severely affects our performance loss of trust and confidence, what we only want is a POSITIVE
WORKING ENVIRONMENT as we are all under one employer and we are all employee and the respect
should be fairly equal to all and not display “Power over another individual”.
This person clearly doesn’t possess the traits of a “Good Leader” or “Good Support” and we wonder why
no appropriate course of action is being imposed to such “Attitude”
There are others employees that knows well regarding this matter but chosen not to speak. Moreover
signatory of the below employee shall serve as proof that the above mentioned has taken place at the
aforementioned time and date.
However few days after being unschedules after the adming hearing “DAW” the employee got the termination notice that she refused to sign.
The HR representative told her Sige ka baka madelay ang backpay mo nyan at di ka pwede kakakuha ng kopya ng termination notice kasi nga refused to sign ka.
This conversation including the admin hearing “KUNU” was recorded.
Good day! May ksamahan po aq sa trabho n suspended for 30days and was supposedly accused of stealing foods. Company has evidences on him.He then name names and i was one na dinadamay nya for the allegations to him. What is the legal process on this.. Thank u and Godbless
I had an executive escalations… which was dated jan 18,2018… i have heard.. that QA would like to give me a final written warning due to the level of executive of the complaint if the customer since she directly email the ceo of the company… in good with that.. due to neglect of duty.. however this manager would like to push a NTE for me… I would like to ask the time frame… if none of those papers hasn’t been serve to me yet… a final written warning and a NTE..
Sir,
Good day. today is February 14, 2018. Just last week, my wife actually receives several memos of tardiness dated way back May 2017. Can this memo be a evidence for the termination of my wife. Thank you.
Hello, Sir. A termination letter is dated a month earlier than actual receipt by addressee, but it bears the phrase “effective immediately”. What will be its reckoning date – the date of its issuance? or the date of receipt by the addressee? What happens if the addressee(the person terminated) has rendered service prior to receipt of the termination letter? Will there still be entitlement to salaries and benefits?
Thank you very much for your valuable time, and the needed information.
Hi,
I also have a question, I was served with a document stating that due to absence without leave/ unauthorised absence I would have to be provided with a letter stating why was I out for those days. But prior to that, during my absence, I’ve already told them that I was sick, and after that I have to attend to my 1 year old son who was sick right after me so I had to take care of him. I even forwarded them the medical certificates provided by the doctors so as not to be tagged as unauthorised absence, but after a month, they are asking me to sign the said letter. My question is, is it valid for them to issue a paper eventhough I’ve already submitted them the necessary documents for my absence, if so, is the paper still valid eventhough it’s more than a month when the paper got served? Hoping for you quick response, this issie had been putting a lot of stress in me at work even at home.
Kind regards,
Mel
ask ko lang po ilang Months po ba ang validity ng reprimand? halimbawa nagbigay ako sa kanya ng written reprimand feb 2, 2018 dahil sa late tapos pagka march 20 inulit nya ang offense, another reprimand ba (as per IRR 3 day suspension ) or back ako to zero ako.?
magtatanong lang po kung ang habitual tardiness can be considered as grounds for termination? ang first offense po hanggang kelan ililink yung 1st memo sa second memo? halimbawa po nagissue ng 1st memo ng January2018 after a year po ba ng January 2019 laps na po yung una nyang memo? o pwede na po yun gawing 2nd step na handbook ng company?
Thank you
How long should it take for the written notice of termination or dismissal of the case be issued after the administrative hearing? They advised a verdict will be issued soon but I have not received anything yet.
For suspension as a penalty for an offense committed (not a preventive suspension), is it also a maximum of 30 days? How is it interpreted? Is it 30 days – 1 month, or 30 working days, which is actually a stretch of 40 days including the 2 weekend days in between?
Mag 3 months palang po AQ sa work then 1 day DQ po alam ang dahilan bakit po AQ pinag last day na wala man lang pong memo na tatanggalin AQ at wala namn po aqng violation na ginawa sa company dman lang po AQ kinausap Kong bakit AQ tinanggal sa trabaho nagulat nalng po AQ wala po aqng naisip na dahilan…may pananagutan po ba c employer?
what if hindi namn ung employee yung nakagawa ng mali and it is just one of his relatives pwede pa din ba syang fill-an ng NTE is that valid?
Hi May I know po where should be the proper place t conduct a hearing? I have a hearing tomorrow and our HR told me to meet at Starbucks Coffee. This is my first hearing with regards to allegations that they files against me.
Thank you and God Bless!
Hi,
I want to ask the same question of Mr. Florante Jr. as i copied below:
“I only want to ask if the timeframe for the issuance of termination notice/notice to explain was still inclusive or valid in the right to due process of an employee if the notice was only issued after four months upon the violation of the said CRR/Company Rules and Regulation..?”
Is this considered null in void if not valid?
I have a case filed on my co-worker. It has been reported to the office for administrative actions. Each sides were taken and we were given a note that the case has been filed and for evaluation. That was 10 months already and no feedback to date. I am not asking for anything but to have this processed and evaluated fairly as I am carrying this burden since 2008. I just wanted justice. Can the company be filed because of this?
My daughter was served a NTE 3 months after occurrence of the incident, is this legal?
Hope this message finds you well.
Tungkol po sa article na ito, partikular sa ample period to explain na sabi ng supreme court ay 5 days pagkatanggap ng notice to explain. Paano po ang mangyayari kung hindi nag submit ang employee on time at humingi ng two days extension dahil nagpapagawa ng bahay. Ano po ang epekto nito sa kaso? Nararapat po bang pabigyan ang empleyado sa hiling na two days extension to submit? Ang empleyado po ay hindi na pinapasok dahil naka-preventive suspension. Ang kaso po ay alteration ng resibo ng gasolina, hal. ay P300 lamang ang dapat nasa resibo pero ginawa P1,300. Pero kita naman ang alteration dahil hindi binago ang vatabal sales at vat o may pagkakataon na binago ang vatable sales at vat pero hindi balanse sa total sales.
Maraming salamat po sa tugon.
Pwede po bang isailalim sa preventive suspention khit walang. Letter na binigay bali sinabi lng ng agency. Legal po ba yon?
Hi. I just would like to ask who has thefinal authority to recommend and to approve the following;
1. Reprimand and Warning (Written or Verbal)
2. Light Suspension (Below Thirty Days)
3. Heavy Suspension (Above Thirty Days)
4. Dismissal of Rank-and-File
5. Dismissal of Supervisor
6. Dismissal of Junior Manager
7. Dismissal of Senior Manager
8. Dismissal of Executives
9. Dismissal of the HR Manager
Thank you.
Hello,
I hired a new employee. His probation period is 4 months. On day #5 of his first week he called in sick and has continued to call in sick for the next 8 days. Yesterday I couriered him a request for return to work today. He has not shown up. He is a registered PWD and he claimed he was sick each day. He has not supplied any medical certification (per our company employee handbook). The days he has not arrived are deemed critical leave days so all of his absent days have been unpaid.
At this stage, do I send him notice of grounds for termination with a date set for a discussion 5 days later
Thanks for your assistance.
Hi Good day,
Just want to ask kung kailan ko po dapat makuha final pay ko, it’s almost 3 months na po kasi wala pa rin po dahil daw po dun sa na credit amount ko sa maling account no. pero di nman po nakuha yung pera, nasa bangko lang po di daw po pwede icredit back ng bangko dahil po sa policy nila. tanong ko lang po kung valid reason yung ihohold yung final pay ko dahil po nasa banko pa at inaayos pa nila sa legal. hindi po ako na bigyan ng notice of termination sinabihan po ako na magresign nlng. ginawa ko nman po kasi ayaw ko nman po materminate.
ano po ang gagawin ko nakatanggap ako ng NTE May 8, 2019 para sa excessive late ko ng January to April 2019. Pinapirma sa akin ng Boss ko po agad ang copy para ibigay sa HR daw.
I was suspended for 15 days provided someone hack to my chat and saw my personal discussion with one of the employee in which I state. that the manager egocentric. does not trust girl to do a job. he like boys.
they specify i violate a code of conduct. but the discussion is not meant to be public and its just a private conversation. and I’m just expressing how i feel provided no task is being entrusted to me
is my suspension illegal? HR just wanted to have an hand written explanation on what I meant
but did not have a proper forum/investigation for it
Hi,
Ok lang ba I-Admin hearing ng sabay-sabay ang mga employees involved with the same cases?
I was regularized in month of May, the first review was for the first 3 months of stay and my former manager who gave me the review paper stated that it came from the US client- the result is passed (but the US client denied it- so the one who made it was my manager; hocus focus tactic). I worked hard for my attendance for the second review, I was able to get perfect attendance in the month of March and April consecutively. Prior the end of April, I had a salary dispute of more than 2000 pesos and it was not my fault since that I filed everything they said. I confronted the HR and my Manage since my bday was approaching and badly needed cash, and the decision was to credit it onto my next paycheck, I couldn’t do anything about it, because of my frustration, I emailed my client in the US about it (just for awareness). Came my second review, the one who made it was obviously was the client with comment on each section or cited criteria; and was surprised because I failed the second review, due to the admitted fault of the client, he did not imagine that the review went on that way. So it was a mixed of emotions on my end and had to send an email to my client to ask for clarification cause i did not see it that way. We have been using one tool and just imagine how could we possibly hit the target with one tool or even if, they regularized me. The client foresaw my email as an issue, and the client sent an email to the HR to dismiss me after of all what I did for the business, I even worked on my sick times and yet this is what I deserved. My Sr. Leaders did not reply in a timely fashion and i was behind of the new kicked off project. The company did not do anything when the client remove. I felt that they have a personal grudge on me. I received an NTE and I immediately answered it the next day and sent it to them last month, up until now I am waiting for the disciplinary hearing and no one is contacting me.
Questions-
1. I was supposed to be enrolled to PIP but it never happened and I found it unfair as a regular employee. Is there any possible way I can do for this?
2. The client illegally dismissed me due to my clarification and its my right to clarify it based on the tool insufficiency. Is there any way to fight back on this?
3. I should have given any warning before the dismissal as a regular employee, yet i never received any from the time I started working for them and yet they allegedly accused me of misconducted under labor code due the dismissal of the client. Is there any thing I can do on this?
4. I wanted to clear my name cause I did not anything to harm the project, in fact, I had a lot of achievements. Is this a good fight?
Please help me on this.
Thanks!
Ask ko lang po kung ano time period na magissue ng Notice to Explain yong Company after the receipt of the incident or infraction. Kasi na-incur ko absence August 18 pero ngayon lang nag-issue ng NTE Sept 10, 2019. Valid po ba yong ganyang procedure. Puwede bang magsampa ng complaint sa NLRC in that case? Hope for your immediate reply. Thanks and God Bless!
May i Ask if yung disciplinary action ko ay late na ng 3 months bago na release valid po ba ito? at ilang pong days ba ang pag rerelease ng disciplinary action?
Good Day, I am just concerned, what if the agent is not intended to do it, but the decision is out and got the agent terminated, is there a chance that the agent can get a back pay? please I need an answer ASAP
Good day, would want to inquire regarding this incident.
Is it just if a company will dismiss an employee from almost 9 years old job?
Allegedly neglect of duty filed complaint by supervisor (allegations, employee was not able to respond from superiors text messages).
Note: Employee was currently employed to that company but don’t have work schedule (unpaid) during this period due to community quarantine.
How long should the employer provide the notice of decision?
Im working in a BPO company, a month ago i was absent due to no transportation cause ECQ pa I inform my supervisor and our manager but the next day when i get back to work they issued an IR giving a written warning due to un reasonable absent, then now again they given me another warning e nag calloff ako 2 hours ahead of time and nag inform ako sa supervisor ko for such reason, is it right?
What if the company issued a NTE sa employee then ang sabe itetext daw po what time ung conference nagpunta sya dun sa office sa mismong araw ng conference pero wala dun ung HR relations nila, nag inform din sya thru text na andun sya sa office pero wala dn reply.. Terminated na ung employee.. Ano na po kaya mangyayare?
Ung issue is alleged theft po. Worth 17k
I hope i can find answer here. Thank you.
May I ask if NTE can be served while agent is on Leave of Absence
Hi. Notice to Explain may be served even if the employee is not at the office.