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Probationary Employment & HR Hearing

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1 Probationary Employment & HR Hearing on Thu May 09, 2013 8:21 am

The Mayor


Arresto Menor
Good Day Atty,
My concerns below are:
1. I am a probationary employee commencing Nov 12 2012 to May 11, 2013. Now, since May 12, 2013 is almost there, do my employer can simply terminate my employment with them w/o any performance evaluation from 1st month to 5th month?
2. On Apr 16, I had accidentally took my cellphone inside production area unintentionally and found out several messages came in while on the call. I took initiative to put the phone into mute while the guard is coming and looked at under my station. The guard reported me to the manager, then the manager informed my supervisor. While waiting to end the call, the guards, supervisor, manager is at my back. After the call, i was planning to surrender the phone to depository but advised me to logout. They asked me if i do brought my phone. Just to be honest with them, i admit it. Now, i went to hr to explain in writing. They conducted the hearing a day after the incident happened. After further researches i did and found that the hearing must be made 5 days after the notice for me to prepare for the documentation and defense. Until today, they still didn't have the result of investigation signed.
To cut the story, valid po ba yung hearing na ginawa nila considering under Labor Code in a certain article na dapat po pala na 5 calendar days ang tamang due process ng hearing?
Ni-review ko po ang employee manual at wala po akong nakitang sanction pag nabitbit ang cellphone sa production floor. Ang nakasaad lang po dun is not allowed. Kung sakaling termination po ang hatol, pwde po ba ako mag submit ng Motion to appeal for a new hearing to present for a strong evidence na may same case din nangyari before at hindi nila tinerminate but suspensions lang. In fact, 5 Quality Assurance Officers ang suspendido that time. I have here our conversations with 1 of the QA officer na napasama sa suspension.
Please advise me po for the proper procedure para naman po may depensa ako at laban sa ganitong kaso.
Marami pong salamat.
The Mayor

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2 Re: Probationary Employment & HR Hearing on Thu May 09, 2013 10:38 am

CharlesI.


Arresto Menor
suggestion only, go back and review again your manual regarding your company policy for violation of any rules and regulations. issuance of offense, notice to explain, hearing, issuance of disciplinary action and etc.. must be defined in your manual doon ka muna magbase sa policy nio. kung nakasaad sa employee manual nio na bawal magdala ng cellphone then violation yun on your part pero you have to clear what is the penalty for bringing cellphone in the production. Observe the processing in giving disciplinary action base sa policy nio, kapag my action silang ginawa agaisnt company policy and labor code you can raise this to NLRC.

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