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floating for 2months

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1 floating for 2months on Thu Jan 17, 2013 3:14 pm

fredz7111


Arresto Menor
hi there,,
please do help us, we are floating for morthan 40 days now, since nov. 29, 2012. me and my partner is with the same company, when we had emergency we were absent for 3days and we were tagged NCNS(no call no show) we were forwarded to HR relations for investigation, and was given 7 days for the result to come out after we responded to the notice to explain letter they gave us, from the date nov 29th 2012, luckily ten 10days after my result came out and was suspended for 5 days, but my partners case has no reult yet, i came bact in the company after my suspension and until now my partner is still in floating state, no action been made by the company regarding her employment status, and ofcourse not receiving any pay then,,
now im wondering what step can we do, can she file a claim for for the days that she is floating?



please help

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2 Re: floating for 2months on Thu Jan 17, 2013 3:18 pm

Patok


Reclusion Perpetua
floating or suspended? magkaiba kasi yun.. if suspended pending the result of the investigation.. they can only do that for 30 days.. kung floating naman, was there a written notice that your husband or you were put on floating status?

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3 Re: floating for 2months on Thu Jan 17, 2013 3:43 pm

fredz7111


Arresto Menor
thank you po sa reply. they serve us NTE letter( notice to explain, dated nov 29th 2012, until now wala pa rin result un partner q if she will be suspended or terminated,, HR didnt give any update until now bout her employment status. i tried getting the attention of HR, sabi wait lang daw, its almost 2 months since nte was serve.

can we get anything like company will be liable for the days my partner dont have job. dahil they prolonged the process,

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4 Re: floating for 2months on Thu Jan 17, 2013 3:48 pm

fredz7111


Arresto Menor
follow up lang po, is there any specific article sa labor code bout prolonging the procedure prior to suspending or terminating the employee..

thanks

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5 Re: floating for 2months on Fri Jan 18, 2013 8:13 pm

attyLLL


moderator
i recommend that you write a letter, reminding them that a preventive suspension beyond 30 days is considered illegal constructive dismissal


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6 Re: floating for 2months on Sat Jan 19, 2013 8:25 am

fredz7111


Arresto Menor
Thanks a lot, so it's a constructive dismissal? Even wala pang result ng notice to explain that we responded way back nov2012, will do send reminder to HR, and interested Lang ako Malaman if she is entitled for a pay for those days na wala xa pasok, since more than 30 days na ang inantay nmin?

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7 Re: floating for 2months on Sat Jan 19, 2013 10:55 am

attyLLL


moderator
i would consider letting her back immediately a good enough ending.


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8 Re: floating for 2months Today at 8:33 pm

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