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need advice on what to do

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1 need advice on what to do on Tue Feb 26, 2013 5:44 pm

michellealexis2003


Arresto Menor
i was suspended due to mistagging a call. it was my first offense. my performance at work is excellent.i dont have any attendance issues, after 1 month and 7 days, i found out i was terminated.My immediate supervisor didn't even advised me,and i haven't recieved any texts or letter from HR. My co- workers told me that news since my TL announced it to them already. I went to HR to verify this info and i got the letter regarding the result. i felt that the result was unfair and unjustified. what should i do?

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2 Re: need advice on what to do on Tue Feb 26, 2013 5:53 pm

jd888


moderator
There was no Due Process on this. This is illegal and irregular procedure. Bring this with NLRC.


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3 Re: need advice on what to do on Tue Feb 26, 2013 6:06 pm

Patok


Reclusion Perpetua
agree.. illegal dismissal yan..

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4 Re: need advice on what to do on Tue Feb 26, 2013 6:13 pm

michellealexis2003


Arresto Menor
ano po ung NLRC? i was advised by HR yesterday to file for an appeal. they asked me write a letter to be submitted to them,addressed to hr director.. ano po gagawin ko?

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5 Re: need advice on what to do on Tue Feb 26, 2013 6:17 pm

jd888


moderator
Make an Appeal first; they may reinstate you.

NLRC is a unit of DOLE that caters for matters of Legal Nature such as illegal termination and others such as pay or wage issues.


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6 Re: need advice on what to do on Tue Feb 26, 2013 6:21 pm

michellealexis2003


Arresto Menor
ok po..i'm on the process of doing it right now so i can submit it later. does it need to be very formal? do i need to include any labor laws that might help?or just write a letter regarding my thoughts about the job i had.

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7 Re: need advice on what to do on Tue Feb 26, 2013 6:32 pm

attyjoyce


Reclusion Perpetua
Hi michellealexis2003,

FYI. For termination of employment based on just causes, procedural due process requires that the employee be given the benefit of the so-called twin-notice and hearing, as follows:

First notice: Notice to Explain (NTE) or order to show cause. A written notice served on the employee specifying the ground or grounds for termination, and giving to said employee reasonable opportunity within which to explain his side.

Hearing or formal investigation. A hearing or conference during which the employee concerned, with the assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his evidence or rebut the evidence presented against him.

Second notice: Notice of decision. A written notice of termination served on the employee indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination.

If the above procedural process was not complied with, then you have a ground to file illegal dismissal against your employer.

But take note, If the dismissal is for just cause but without prior notice and hearing, the dismissal is valid but the employer may be required to pay nominal damages to the dismissed employee.

For more free legal information about Labor laws, you may visit www.domingo-law.com

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8 Re: need advice on what to do on Tue Feb 26, 2013 6:38 pm

michellealexis2003


Arresto Menor
thanks po atty joyce. everything is followed nman po. we did go through this but ung reason nabinigay nila for termination eh parang mababaw po. isang call lng po ito out of thousands call na narecieved ko pero ito lang ung unang escalation na narecieved ko,grounds na po ba agad un for termination?khit performance wise pasado lahat ako at wala po akong attendance issues.

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