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Wanting legal advice for ending of contract without due process.

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grandjester


Arresto Menor
I need advice regarding my company ending my probationary employment because of me failing my stats.

The facts are I incurred a few attendance issues and my Average handling time for calls and tickets answered.

Regarding the attendance issue, I have a 7 month old son then and my mom is dying of cancer, they gave me a 9 p.m. schedule and I immediately knew that it would pose a problem for me. I kept on asking my superiors to change my schedule, which I know can be done because other people have done it with lesser reasons than mine, but my immediate supervisor kept on dismissing my request.

Regarding my AHT my immediate supervisor never showed me my stats even once since the start of my employment. Then just out of nowhere after my shift he gave me an end of contract paper to sign. I was in shock and after a few days I reported the incident to the HR department and did not receive a resolution and just told me they will investigate. I went to the HR department last Wednesday and they told me that they would investigate and give me feedback the coming Friday but I never received a feedback regarding the status of the case. On top of that they held my salary but I worked up until the cut off of that pay period and they said that I have to do the clearance and would still take at least 2 months for me to get my money which is a major inconvenience because I couldn't fend for my son and mother.

My question is should I file a complaint with the NLRC and do I have a strong case against them? Also can I find another job if I file a case with the NLRC? Please give me legal advice regarding the issue. Thank you.

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attyLLL


moderator
did they finish the probationary period which should not exceed 6 months?

the company has the management prerogative to determine whether you should be granted regular status. it is a very difficult burden to prove that you should be regularized.

two months for final pay is still within reasonable.


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grandjester


Arresto Menor
It is not regarding regularization. The problem was my stats was not shown to me, and there should have been a monthly or weekly coaching regarding our stats for us to know that we are failing so we could improve. The coach never showed it to me, then when he gave me my end of contract papers, I asked him how they managed to get the computation for the Average handling time and his reply to me was he was not sure. It was impossible for me to have 11 minutes handling time for emails because I answer emails within 1 - 6 minutes only.

My probationary period was for 6 months but I was terminated in less than 5 months.

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grandjester


Arresto Menor
Regarding the last pay, they should not have put it on back pay because our cut off is on the 5th of every month and I went to work for the full pay period up until the cut off. They should have released it on the pay day instead of putting it on my back pay because I finished the pay period. Am I right?

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attyLLL


moderator
if your probationary period is 6 months, then you have security of tenure to complete the 6 months but not beyond. if you are terminated before the end of the period, then it should be based on a just cause and conducted with due process.

if you were not given an opportunity to respond to the charges, then there was a violation of due process.

as for last pay, companies really will hold your latest salary until clearance is done.


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grandjester


Arresto Menor
So basically I should go to the NLRC and file a complaint against the company? I already sent a report to their HR department and it seems that I did not get a response regarding the case.

Also if I file a case against them, I am quite concerned regarding the lawyer fee. I do not have enough money to pay a lawyer. What can I do regarding this issue, and I do not want the lawyer that I get to be just paid off by the company then I will just lose my case.

Thank you for your advice.

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Hi Im a funeral manager.My Brother's and sister's are lack of oppurtunity to get job at our province.I decided to seek help to my Boss to hired them as a contractual/per head salary base/on call duty.My request is granted. and we made an agreement that no 13th month pay and no separation pay for them and I agree. they are not working 8 hours a day. they worked only when we need them for services.and till now they are still working as contractual for 4 years now. my problem is one of my brother was firing out of my boss. and he ask me for 13th month pay and separation pay for 4 years.He wants to file in Labor what will gonna do since I have an agreement. is it he have the right to file against my boss? please help me....Thank you so much!

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attyLLL


moderator
he certainly has the right to file a case. whether it will prosper depends if your boss can prove that he is not entitled to it


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Hi I am working with a processing company and already spent 3 years as a contractual employee holding a position of sales and operation manager. Every 5 months I am force to sign a contract stipulating another extention of work. But I did not stop even a week eveytime my contract ends. I am not the only one in our company holding a major position who are still a contractual employee for so many years. No quit claim was being sign every ends of contract. The salary was only covered by voucher when ever it falls on the end of the contract.
This is a big company and the new contractual employees are given a salary which is less than minimum that also been extended for more than 5 months without stop same case as ours.
What will be the action we must do to stop this company from extending their practice? Are they liable for the act I mentioned?

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To continue with the advise one of our co-employee had a tragic experience when her husband died on duty. She only receives a funeral assistance and a maternity pay because when the incident happen she had a 2 week old baby and they are working with the sa,e company. Was the beneficiary entitle with pension since the dead person is a regular employee and the wife is already working with the company for more than 2 years.
How can she claim for the company?

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attyLLL


moderator
make a report to the nearest dole office

she is not legally entitled to anything more than what sss will provide. the funeral assistance is not even required and was a bonus. unless she will file a court case and prove that her husband died due to negligence of the company


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