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

Termination w/a CAUSE....

Go down  Message [Page 1 of 1]

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


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)...

View user profile

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


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.

View user profile

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


Arresto Menor

View user profile

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


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.

[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

Sponsored content

Back to top  Message [Page 1 of 1]

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