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Terminated due to unauthorized absence

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1 Terminated due to unauthorized absence on Mon Dec 10, 2012 2:29 am

AyRate


Arresto Menor
A friend was recently terminated due to unauthorized absence, he had flu for 1 day, and he informed his boss to apply for a sick leave, but his SL was not applied because he was told after a week that he did not have a medical certificate, which no one asked for to apply his SL, and on their company handbook it is not stated that a medical certificate is needed for 1 day of absence, not unless a certificate was asked.

he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

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2 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 2:41 am

council


Reclusion Perpetua
How long has he been working in the company?

was he accorded due process (notice, hearing, decision)?

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3 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 9:52 am

Pedro Parkero


Reclusion Perpetua
AyRate wrote:A friend was recently terminated due to unauthorized absence, he had flu for 1 day, and he informed his boss to apply for a sick leave, but his SL was not applied because he was told after a week that he did not have a medical certificate, which no one asked for to apply his SL, and on their company handbook it is not stated that a medical certificate is needed for 1 day of absence, not unless a certificate was asked.

he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

hindi po yan legal. lahat naman ng tao ay nagkakasakit. at hindi lahat ng sakit ay ikinokonsulta sa doktor kung saan pwede makakuha ng medical certificate. Ang termination ay kagimbal gimbal at masyadong mabigat na parusa para sa ang isang araw na pagliban na trabaho-ito ay illegal termination

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4 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 10:21 am

council


Reclusion Perpetua
AyRate wrote:
he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

Follow-up question:

Was the FWW given because he was also sick during the previous absence? If so, was he told that a medical certificate was needed for any length of sickness?

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5 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 11:11 am

AyRate


Arresto Menor
council wrote:
AyRate wrote:
he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

Follow-up question:

Was the FWW given because he was also sick during the previous absence? If so, was he told that a medical certificate was needed for any length of sickness?

here is the progression:

sep - flood,1day, with advice - written warning
oct - allergy attack,1day, no advice - final warning, although no advice for a need for medical certificate per instance was given, esp for 1day sick leaves
nov - flu,1day, with advice - termination

can this be counted as gross and habitual?

council wrote:How long has he been working in the company?

was he accorded due process (notice, hearing, decision)?

He stayed there for almost a year, yes he was given NTE, hearing, notice of decision

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6 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 11:20 am

Pedro Parkero


Reclusion Perpetua
AyRate wrote:
council wrote:
AyRate wrote:
he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

Follow-up question:

Was the FWW given because he was also sick during the previous absence? If so, was he told that a medical certificate was needed for any length of sickness?

here is the progression:

sep - flood,1day, with advice - written warning
oct - allergy attack,1day, no advice - final warning, although no advice for a need for medical certificate per instance was
nov - flu,1day, with advice - termination

can this be counted as gross and habitual?

council wrote:How long has he been working in the company?

was he accorded due process (notice, hearing, decision)?

He stayed there for almost a year, yes he was given NTE, hearing, notice of decision

the company policy is legally flawed. kayat lahat ng desisyon ng nanggaling sa policy na yan ay tsarannn illegal...

isumbong niyo ke big brother nasa NLRC house.

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7 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 11:24 am

AyRate


Arresto Menor
Nag file sya sa sena ba tawag dun? nagusap sila at ang sabi sa kanya e ibibigay ang backpay+leaves+13th month+tax refund nya, hindi ba dapat may damages din syang makukuha?

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8 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 11:52 am

council


Reclusion Perpetua
AyRate wrote:Nag file sya sa sena ba tawag dun? nagusap sila at ang sabi sa kanya e ibibigay ang backpay+leaves+13th month+tax refund nya, hindi ba dapat may damages din syang makukuha?

That's as far as SENA can go. They cannot rule on damages.

Your friend will have to go to NLRC if he wants more.

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9 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 11:58 am

Pedro Parkero


Reclusion Perpetua
AyRate wrote:Nag file sya sa sena ba tawag dun? nagusap sila at ang sabi sa kanya e ibibigay ang backpay+leaves+13th month+tax refund nya, hindi ba dapat may damages din syang makukuha?

ewan ko lang brader, diko dina alam sino si sena.

ang ibig kong sabihin pwede niyang ipaglaban ang kanyang karapatan na magpatuloy sa pagtratrabaho. yung mga backpay.. 13th.. na yan e parang okay lang sa kanya na natanggal siya... pero kung don naman masaya fren mo, okay lang yan.

damages? malamang pwede...

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10 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 12:07 pm

council


Reclusion Perpetua
SENA = Single Entry Assistance ng DOLE.

SENA prescribes 30-day mandatory conciliation–mediation services to effect fair and speedy settlement of all DOLE cases.

This program provides workers speedy, impartial, inexpensive, and accessible settlement procedure of all labor issues or conflicts to prevent these issues or conflicts from ripening into full-blown disputes.

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11 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 12:22 pm

Pedro Parkero


Reclusion Perpetua
council wrote:SENA = Single Entry Assistance ng DOLE.

SENA prescribes 30-day mandatory conciliation–mediation services to effect fair and speedy settlement of all DOLE cases.

This program provides workers speedy, impartial, inexpensive, and accessible settlement procedure of all labor issues or conflicts to prevent these issues or conflicts from ripening into full-blown disputes.

parang wla yatang meaning ang "N". kidding Wink

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12 Re: Terminated due to unauthorized absence on Mon Dec 10, 2012 3:56 pm

attyLLL


moderator
here is the progression:

sep - flood,1day, with advice - written warning
oct - allergy attack,1day, no advice - final warning, although no advice for a need for medical certificate per instance was given, esp for 1day sick leaves
nov - flu,1day, with advice - termination

can this be counted as gross and habitual?

imo, that is not gross and habitual negligence, but another example of overly harsh sanctions on attendance


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13 Re: Terminated due to unauthorized absence on Wed Dec 12, 2012 2:50 pm

stargazer


Arresto Mayor
from my point of view, the progression you mentioned is not gross and habitual.

they better have a good definition of this habitual absences in their company policies coz for sure they will loss if a case if filed.

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