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PLS ADVICE ....due process of termination during probationary period and Rights to get COE

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jomz04


Arresto Menor
Hi admin/ to whom it may concern.

I am a nurse. I was terminated from job when I was on my 3rd month of probationary period..My 2 managers broke the news to me last October 10,2012 that i was not able to make it to continue my probationary period.


Due to shock. I decided na d n ako pumasok after sabihin sakin na tanggal n ako sa trabaho.And alam ng mga manager yun.

Few days after, I asked them if pwede bang resignation nalang ang status ko instead of termination para di naman panget sa record ko if ever na contackin sila ng future employers ko.So my managers agreed and let me send them with a resignation letter. ( as adviced by senior co-workers) and nung inabot ko ung Resignation letter, they have asked me to pass 5 explanation letters regarding my so called short comings as staff nurse which I believed they will use for documentations.


One manager told me that they will notify me once my COE is ready for pick up.Upon asking sa mga seniors ko sa work, sabi nila mabilis lang ang processing ng COE. more than a week or so.


Late in november last year, nag ff up ako sa HR if pwede ko na makuha ung COE ko since it has been a month mula nung pinasa ko ung resignation letter. The HR personnel told me that it was ready for pick up but upon clarifications if mag papasign pa ako for exit clearance, she asked me kung resigned na daw ba ako kasi wala pa xang natatanggap na Reignation letter. So I called the Nursing service office secretary to make some clarifications as advised by HR personnel.And wala pa din daw sa kanya yung resignation letter ko.


To cut the story short, I communicated with them several times. My direct unit manager said that she already have passed my letter to her superior. but then up until now this superior manager is holding my letter and fails to submit my resignation letter kaya walang mairelease ang HR for COE.



This has been bogging me for 3 months now.And I am afraid to asked them (my managers)for actions regarding this issue since I asked them a favor of changing my status from termination to resignation. My questions are

1. Do you think there is some irregularities on my termination or do they (the managers) hold the right to do that without talking to me or giving me some warnings prior to coming up to their decision to terminate me on my proabtionary period.

2. Do I have the rights to exert some legal actions on letting me wait for the COE?Because I think, they are just letting time just pass hanggang di ko na sila kulitin for my COE.

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jomz04


Arresto Menor
wala po bang comment or simple suggestion?
any comment will do..THANKS A LOT

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tsi ming choi


Reclusion Perpetua
jomz04 wrote:
1. Do you think there is some irregularities on my termination or do they (the managers) hold the right to do that without talking to me or giving me some warnings prior to coming up to their decision to terminate me on my proabtionary period.

Legally speaking, even what type of employment contract did you entered into (it may be in a probationary or casual or project or piecework or contractual) basic as a rule that before termination,notice must be given to you informing before hand that the management will terminate your services AND stating therein the reason/s for such termination.Otherwise, the management is liable for damages for failure to observe the procedural due process.

Further, the management's decision must be exercised in good faith to have a valid exercise of management prerogative.

Here, lets assume that your termination is done in good faith by the management or there is no irregularities, however, since there is no prior notice given to you before such termination, then you can ask for damages over the same.

jomz04 wrote:
2. Do I have the rights to exert some legal actions on letting me wait for the COE?Because I think, they are just letting time just pass hanggang di ko na sila kulitin for my COE.

Just wait and see, pag umabot yan ng 6 months from the time of your probationary employement commenced, then you have a better chance to exert some legal actions being considered as a REGULAR EMPLOYEE, as such you are entitled to security of tenure.

In a decision made by the high court, probationary employement exceeding 6 months will AUTOMATICALLY, convert the status of a probationary employee to a regular employee. Dyan, baka ma technical yan sila.

Hintayin mo na lang kung dpa marelease yung papers mo til 6 months from the time nag start ka ng work.

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jomz04


Arresto Menor
that is enlightening...thank you very much

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jomz04


Arresto Menor
however, ayoko n isecure ung tenureship ko Institution na yun. una, nakakahiya. Ung Crtificate of Employment ko nalang ung hinihntay ko....pangalawa,baka mamaya baliktarin pa ako sa mga nangyayari..Anyways, malapit na matapos ung 6th mos. probationary period ko...its supposed to be JANUARY 16, 2013....

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jomz04


Arresto Menor
Naalala ko lang nun...nung kinausap ako nung 2 managers...ang hawak lang nila eh ung mga Letters of explanations ko and ung Appraisal Sheet sakin for my 2nd month.


Yung bang NOTICE na sinasabi mo sir/ mam is a LETTER or verbal lang...kasi ung grounds for termination ko is nasabi naman nila.Yun nga lang din pinag tataka ko..Pinagawa nila ako ng another (5)set of letters of Explanations for documentation days AFTER ako maka usap for Termination

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tsi ming choi


Reclusion Perpetua
Notice must be in writing, in any form, whether a letter, a memo, type written, hand written. However, since you waived your right on tenureship, then the best way to do is to "kulit" them with your CoE.

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