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Labor Law on NCNS/AWOL Tagging

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1 Labor Law on NCNS/AWOL Tagging on Tue Feb 07, 2012 5:23 pm

manuelice


Arresto Menor
Hi! I need legal advice with regards to my employment. I am currently employed in one of the BPO/Call Centers here in Pasy City. Last January 4th I was tagged as NCNS or AWOL in some of other companies by my manager when in fact I did informed my immediate supervisor of the said occurence. And not to mention I submitted my medical certificate the day after the infraction. now that the score card has already been deliberated it caused my score card to fall off somehow. Instead of getting 3.75, I just got 3.34. 5 is the highest. Plus I was placed on Performance Improvement Plan/Program for a year which will definitely make my regularization critical.

now, my question is were the actions taken by my Manager legal? though I have proof that I was in the Emergency Room of a Hospital. The policy is to notify her 6 hours before the infraction takes place. I did inform them of the said absence the night before which makes it even more than 6 hours. please help! my employment is now critical.

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2 Re: Labor Law on NCNS/AWOL Tagging on Tue Feb 07, 2012 9:34 pm

attyLLL


moderator
review your handbook. most bpos give a high negative score to an actual NCNS, and a lower negative score to an authorized absence.


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3 Re: Labor Law on NCNS/AWOL Tagging on Wed Feb 08, 2012 3:43 pm

manuelice


Arresto Menor
there were no hand books that dictate such policy. my main concern though is to ask you if the process of which i was tagged NCNS/AWOL was legal. hence, i informed them of the said infraction but still I was tagged NCNS.

The night before the infraction takes place I was able to ask for their approval since I badly nneded to visit a surgeon to have my cyst removed but they didnt allow me to. thats why I was forced not to go to work the following day to visit my doctor but I was adviced still that it is going to be tagged as NCNS. That same day I submitted my medical certificate my immediate supervisor accepted the document. 2 days after I was served an IR. I submitted a letter explaining my side as to why I shouldnt be tagged as NCNS however my supervisor refuse to accept the letter because he knew all along that the absence should be legal. and he adviced me to do another explanation which I did. after a day I was served again a Final Written warning and Performance Inprovement Plan covered for a year.



I really want to take this to a legal proceeding. since I felt theyve overly used their power to manipulate my stats or maliciously maligned me.

please help!

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4 Re: Labor Law on NCNS/AWOL Tagging on Fri Feb 10, 2012 7:35 pm

attyLLL


moderator
make a letter questioning their action. provide proof that you followed the proper procedure.


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5 awol tagging on Mon Dec 03, 2012 5:10 pm

purpleje


Arresto Menor
Hi, i want to know if can you be tagged/penalized as AWOL if you did not show up for an overtime? is that possible?

your reply is greatly appreciated. thanx

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6 Re: Labor Law on NCNS/AWOL Tagging on Tue Dec 04, 2012 8:22 pm

attyLLL


moderator
i don't see it as simply an attendance issue, if there was resistance from the employee, it can be considered as insubordination


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7 Re: Labor Law on NCNS/AWOL Tagging on Mon Dec 31, 2012 3:14 pm

decjanmay


Arresto Menor
hello po! need your legal advice...

am working sa isang bpo company. last dec 26 di po ako nakapasok pero i informed the manager na di ako makakapasok dahil masama ang pakiramdam ko. i received a reply asking kung overtime ako for that day, which i replied...na hindi ako naka sched that day, 27 & 28 ako naka sched. then wala ng reply whether he approved or not...my tl (team leader) called asking where was i...sinagot ko naman po at sinabi ang sitwasyon ko...

the following day di pa rin po ako nakapasok.

pagpasok ko po nung 28, kinausap po ako ng tl ko, sabi nya awol daw po yun 2nd day na absent ko dahil di daw ako nag inform...

sa pagkakaunawa ko po kasi pag tumawag po kayo on the first day you were absent for not feeling well, common sense na po di ba na kaya di pa rin kayo nakapasok the following day eh dahil may sakit pa rin ang tao.

tama po bang i awol nya ko? at may gusto sya na papirmahan sa kin with regards to my awol...

maraming salamat po

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8 Re: Labor Law on NCNS/AWOL Tagging on Mon Dec 31, 2012 7:58 pm

council


Reclusion Perpetua
decjanmay wrote:hello po! need your legal advice...

am working sa isang bpo company. last dec 26 di po ako nakapasok pero i informed the manager na di ako makakapasok dahil masama ang pakiramdam ko. i received a reply asking kung overtime ako for that day, which i replied...na hindi ako naka sched that day, 27 & 28 ako naka sched. then wala ng reply whether he approved or not...my tl (team leader) called asking where was i...sinagot ko naman po at sinabi ang sitwasyon ko...

the following day di pa rin po ako nakapasok.

pagpasok ko po nung 28, kinausap po ako ng tl ko, sabi nya awol daw po yun 2nd day na absent ko dahil di daw ako nag inform...

sa pagkakaunawa ko po kasi pag tumawag po kayo on the first day you were absent for not feeling well, common sense na po di ba na kaya di pa rin kayo nakapasok the following day eh dahil may sakit pa rin ang tao.

tama po bang i awol nya ko? at may gusto sya na papirmahan sa kin with regards to my awol...

maraming salamat po

Check company policy.

Most BPOs (and other companies) require that you call everyday for any unscheduled or unplanned absence, including sickness.

And since hindi ka nagpaalam on the 2nd day, NCNS/AWOL nga ang result.

Your argument may be flawed. Imagine if you are sick on Monday, with no need to advise on the succeeding days, you could actually decide to go to Boracay from Tue-Sat and just give a med cert from your favorite doctor when you come back.

Also, you may need to advise daily so your supervisor can make adjustments on schedules, OT, etc.

Ano ang pinapapirmahan sa iyo? Notice to Explain?

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9 Re: Labor Law on NCNS/AWOL Tagging on Fri Dec 13, 2013 5:24 am

jeffrey_errazo


Arresto Menor
i am currently working at a bpo! i was absent for 5 days pero at my fourth day of absence i called my supervisor & sent an email regarding my medcert buy prior to that at the very beginning of my absence i am calling the sickline! i was able to provide all the medcert pero i was gine a letter for termination. legal po ba yun eventhough nakapagnotice ako!

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10 Re: Labor Law on NCNS/AWOL Tagging on Fri Dec 13, 2013 11:51 am

alexisbantilan


Reclusion Perpetua
Wag na kyo magtrabaho sa mga BPO...Noted na yan na abusado ang mga higher ups management even supervisors sa mga BPO industry.

Kaya nga nagkarron ng separate labor laws para lng sa mga BPO workers..

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11 Re: Labor Law on NCNS/AWOL Tagging on Fri Dec 13, 2013 2:10 pm

council


Reclusion Perpetua
alexisbantilan wrote:Wag na kyo magtrabaho sa mga BPO...Noted na yan na abusado ang mga higher ups management even supervisors sa mga BPO industry.

Kaya nga nagkarron ng separate labor laws para lng sa mga BPO workers..


I don't think there is any labor law specifically for the BPO industry.

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12 Re: Labor Law on NCNS/AWOL Tagging on Fri Dec 13, 2013 3:18 pm

alexisbantilan


Reclusion Perpetua
Sorry, actually house bill #1180 pa lng sya.
Ipapasa pa lng sya ng Congress.
see this link:

http://kabataanpartylist.com/files/2013/07/RIDON-BPO-as-Filed.pdf

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13 Re: Labor Law on NCNS/AWOL Tagging on Fri Jan 03, 2014 5:18 am

maharlika05


Arresto Menor
Hi Atty,
Nagwork po ako sa isang CC for 1yr. At natemporary layoff last Nov16. Tapos pinabalik kami ng Dec13.
Unfortunately, hindi po ako nakapasok.
Dahil una, hindi ako nakatanggap ng text nila dahil nawala cp ko at nagbago ng number. (Nalaman ko lang sa kasamahan ko)
Pangalawa, nasa malayong lugar ako.
Pero nagnotify ako sa boss ko.

Tapos Dec16, hindi ako ulit nakapasok dahil may sakit. Pero nagnotify ulit ako. Pero Terminated na daw po.
Pumunta nalang daw ako sa office para magpaclearance.

Pag punta ko ng office,
AWOL daw ako kaya hindi ko matatanggap last pay ko at 13th mo.

Nagpadala daw sila ng letter kaso lumipat na kami ng bahay kaya hindi ko natanggap.

Consider bang AWOL kung nagnotify naman ako?
At wala bang matatanggap na kahit ano pag AWOL?

pls help po.

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