Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password

You are not connected. Please login or register

non-existent employee policies

Go down  Message [Page 1 of 1]

1 non-existent employee policies on Tue Jan 01, 2013 8:32 pm


Arresto Menor

Happy New Year. I was hoping someone can give me advice.

Last November, I was given a memo due to negligence on the grounds of approving overtime hours. One of the individuals reporting to me filed for overtime hours wherein she wasn't physically present in the office, which I have approved based on the process we currently have in place.

As approval of overtime was based on the actual tasks of an individual, I have approved the filed OT hours without hesitation since her service delivery was way more than 120%. I am now being questioned by our HR as to why I have not checked the actual log in hours of the employee. I have replied to the memo stating that the approval procedure as communicated to us supervisors has been followed and if there was another process involved, that we have not been trained or given any supervisor manual which states that we had to check their badge records before approving for these overtimes. I have also requested for a copy of the said policy but to no avail. Overtime hours are approved prior to the employees taking these so I have not checked those taken prior to the employee’s shift against her badge records as it wasn’t part of the approval process. Please note that these badge records would have to be requested first from our admin team since these are not readily available to us. We have no visibility of these records and our attendance tracking system has bugs resulting to the inaccuracy of the data. Not all employees are issued with badges as well.

To be honest, a part of me says that I should have checked it. However, since this was not part of the approval process communicated to us, therefore I have not done so. As we have no existing policy about Overtime approval, my only basis for approving was the actual tasks done by the employee. Our timekeeping has likewise approved of it and the employee was paid as well.

The said employee who committed such violation has been served with memos which I led. On October 27, the said employee was dismissed by the company as she admitted to her malicious intent. She apologized to me and to the company for what she has done and accepted the sanction of dismissal. Luckily, she was given a chance to resign.

I am now left with a memo where the sanction would be most likely a written warning. I have never received memos in my 4 years and 8 month stay in this company as I have been always compliant to the rules and regulations.

I would like to ask for your assistance whether I can dispute this and have the case against me dismissed. I have been performing well and as a matter of fact, I was given 2 excellence awards for my performance in 2012. What I am alarmed of is that I was accused of negligence for a policy that is non existent. Negligence if I may say so is approving without a basis and I had my basis. I am also worried as there seem to be no coverage for us supervisors, no other form of validation for these processes after our level. I would respect the final sanction but I would really like to know my rights as an employee. I haven't signed the sanction yet as I wanted to seek for legal advice first. Nonetheless, it is just a memo with a sanction which will eventually fall off in a few months albeit it is causing me anxiety as I have never received as such during my tenure as a supervisor.

I would be glad to provide you with the full details if necessary. Please help me. I feel bullied and this is the first time I have felt humiliated as an employee. I have high respects for the company who has served me well but I believe that not having a policy can be just the same as a policy that has not been created. The end result is demoralization of an outstanding employee. Hoping to hear from you soon.

Thank you so much.

View user profile

2 Re: non-existent employee policies on Wed Jan 02, 2013 5:05 pm


the only remedy i see is for you to seek reconsideration of the decision and bump it up the management chain.

[i] Visit our FB Page: FOR MORE LEGAL ADVICE  
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.
View user profile

Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum