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Termination w/a CAUSE....

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1 Termination w/a CAUSE.... on Fri Jan 25, 2013 1:07 pm

rickyjose69


Arresto Menor
I would like to seek your legal advise:

I have an employee who is w/ my company for 10 years he received all the benefits that is stated in the Philippine Labor code.

last December 2012, I personally talked w/ my employee and offer a VRP (Voluntary Retirement Plant) in w/c he will received a compensation for every years of service rendered to my company " I gave him 10 days to decide if he will accept the offer", In case that I don't receive any reply (the 10 days passed) HE WILL STILL CONTINUE W/ HIS EMPLOYMENT TO MY COMPANY...(December past he received his 13th month & xmas bonus)...

Last January 4, 2013 he didn't report for work upto present without any notice from the employee or even phone call on his status my company is losing because he is one of my senior attending supervisor to my people (other subordinates) and he abandon his position or ABSENT w/o OFFICIAL LEAVE for more than 15 days. I already sent him a registered mail requesting him to report immediately but NO Reply...

1. can I legally terminate this employee?
2. What case can I file for the grounds of termination? (AWOL / Abandonment / Negligence of duty)
3. Will the employee get any compensation? If he was terminated from my office w/a cause? (w/ proof he has No IN/OUT in his Time card and letter from his co-employee/HR Dept. that he was never present during the said dates)...

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2 Re: Termination w/a CAUSE.... on Fri Jan 25, 2013 2:14 pm

Patok


Reclusion Perpetua
send him a final warning on registered mail.. if still he doesn't reply, send him a termination letter again registered mail..

he will not receive anything.

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3 Re: Termination w/a CAUSE.... on Sat Jan 26, 2013 2:57 pm

rickyjose69


Arresto Menor
hOW LONG BEFORE I CAN SEND THE TERMINATION LETTER PRIOR TO THE FINAL WARNING...

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4 Re: Termination w/a CAUSE.... on Sat Jan 26, 2013 9:30 pm

attyLLL


moderator
your next letter should be a Notice to Explain, and I recommend you set a hearing date and time. send it through a courier.

you can send it already. if he does not appear, then you can decide and send a notice of termination.

if he reappears, you should allow him to go back to his position while still deciding.


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