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Re:termination of employment due to habitual absenteeism?

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vernzfilarca


Arresto Menor
Hi everyone.
Please help me to resolve this matter.
May I know if the facts below warrants the dismissal of an employee due to habitual absenteeism.
(ito po ung letter of intent to terminate employment)
---------------------------------------
We would like to reiterate our company policy as to attendance, thus:
“The Company expects regular and timely attendance. Being present and on time when scheduled not only shows respect for other employees, it is essential to the smooth operation of the company. Your employment assumes your availability for work. Efficient operations require you to be on the job regularly. An important part of one’s job is being present regularly. Absence disrupts normal operations of the company and affects employees’ efficiency and morale.”
In accordance with the above-stated company policy, this is a notice of intent to terminate your employment with -------------. This intended termination is based on your habitual absenteeism tantamount to gross and habitual neglect of duties. Your absenteeism has had a serious negative impact on our operation, and can no longer be tolerated.
May we narrate the facts covering the incidents in connection with your absences.
The Human Resource Department, being tasked to check the attendance of all the employees under our management, noticed that you incurred absences beyond the leave credits granted to you by law, five Service Incentive Leave and Five Sick Leave in a year. Due to the number of absences you had incurred, not only for the year 2011 but also for previous years as well, the management was disappointed since the expectations for regular attendance was never realized.
On June 08, 2011, you sent us a letter requesting for a two-week leave allegedly due to severe anemia. You were then absent from June 16-18, June 20-25, and June 27-30, 2011. We received a medical certificate dated June 28, certifying that you are still fit to work on July 04, 2011.
After said dates, you again incurred absences for the month of July for ten (10) days and for the month of August, you were absent for seven (7) and one-half (1/2) days.
Thus, on the 6th day of September 2011, a memorandum was issued and sent to you about your repeated/habitual absences. In that memorandum, it specifies the dates of your absences for the month of May to August 2011. You were also directed to explain why you should not be penalized for habitual absenteeism. With reference to your letter dated September 07, 2011, we were informed that you incurred said absences due to health reason-“vertigo”. Due to this, you were advised to submit a medical certificate to prove that you are still fit to work. For failure to immediately furnish the company of said document, despite repeated reminders made by the human resource department, another memorandum dated October 14, 2011 was issued to you asking your explanation why you should not be terminated for gross and habitual neglect of duties due to your habitual absenteeism. You sent us a letter dated October 21, stating that you already gave and furnished the company the required medical certificate. However, we learned that you referring to the medical certificate dated June 28, 2011 which you had previously given to us. If we were going to analyze it, said certificate would only treat your absences for the month of June and not for the succeeding months. Parenthetically, said certificate only covered your absences for the month of June.
Furthermore, based on our records, it shows that despite the memorandum given, you still incurred absences last September 2011, up to the present.
It bears stressing that your absences were not isolated incidents but manifested a pattern of habituality. Your habitual absenteeism, which is tantamount to gross and habitual neglect of duties, you had caused inefficiency in your function as collector. Please bear in mind that daily collection are the lifeblood of our company, and such will only be carried out by going to work regularly.

Absences for the year 2010
January= 2 SL, 1 & ½ days Absent
February=3 SIL, 2 days Absent
March=2 SIL, 1 SL, 3 & ½ days Absent
April=1 SL, 1 SIL, 3 & ½ days Absent
May=4 days Absent
June-3days Absent
July=11 days Absent
August=6 & ½ days Absent
September = 4 days Absent
October = 4 & ½ days Absent
November =5 & ½ days Absent
December = 5 days Absent


Absences for the year 2011
January= 6 days Absent
February=1 & ½ SL, ½ day Absent
March=1 SL, 3 SIL, ½ day Absent
April=1 SIL, 1SL, 1 & ½ days Absent
May=1 SIL, 2 days Absent
June-15 ½ days Absent
July=8 days Absent
August=1/2 SL, 5 ½ days Absent
September = 2 days Absent
October = 3 days Absent
November = 4 ½ days Absent
December = 3 days Absent, 1 SIL, 1 SL

January 2012
4 & ½ days Absent, 1 SL, 1 SIL


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attyLLL


moderator
imo, on its face, this should be considered habitual absenteeism, unless you can prove that most of them were due to a valid reason, and on that point, it will be required that there is a documented reason every time you are absent.

if you were to file a case, you'd have to produce copies of the medical certificates


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vernzfilarca


Arresto Menor
thank you sir..
sa side po ako ng employer.
Prinepare ko po ung letter of intent to terminate, kaso hndi po ako gaanung kaconfident if such letter warrants the dismissal of the concerned employee.
now, i can/will serve the notice.

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attyLLL


moderator
the reverse side is that there's a case of a court employee who was late 60 time and all he got was a reprimand because it was first time

if you are terminating him, i presume you have several written notices to the employee sent previously to show that he was given several chances to improve attendance but did not comply.


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vernzfilarca


Arresto Menor
sir, un din po ung isang concern ko, kc wala pong previous actions or notices, or even suspension.
isa lang po ung naiserve na memorandum,as stated in the narrated facts above.

sir, anu po ang dapat kong gawin, before serving the 1st notice?

anu po consequence kapag wala pong previous action from 2010.ni hindi nga po xa nasuspend, or nabgyan ng memo regarding sa habitual absenteeism po bia, except memo issues last september 2011.?

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attyLLL


moderator
you should leave that decision to management.

if i were his lawyer, i would question whether you are able to prove his absences in the first place.


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vernzfilarca


Arresto Menor
the management sought my help sir, regarding this matter.

ang proof po ng absences nia ay ung daily time record po nia..
ang nglalaro po sa icp ko eh, baka-dismissal is not yet proper since hndi po siya nabigyan ng several notices/memo as to her absences.Parang there's no opportunity to improve or change her pagiging absenteeism sir.
tama po ba?

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vernzfilarca


Arresto Menor
sir, another query po, pwede po ba ulit mag issue ng memo as to her absences for the month of September 2011 to January 2012? kasi ung covergae ng first memo po ay May to August 2011.

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attyLLL


moderator
whatever reasoning you use, the employee is not precluded from questioning it at nlrc. so it is always my recommendation to my clients that if they will terminate someone, they should be prepared for a case.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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vernzfilarca


Arresto Menor
thank you po atty.

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