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Question On Constructive Dimissal

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1 Question On Constructive Dimissal on Sat Jun 15, 2013 4:32 am


Arresto Menor
Good day lawyers!

I worked as a supervisor in a call center in Baguio. I stayed there for 3 years and received a monthly pay of 25,000 pesos only. 

My tenure and stay with the company was great. I enjoyed the people. However, I was moved to a new manager. She was a track trainee. She has a habit of screaming and bullying me. Even to a point of telling me that she was going to terminate me. 

I left the company for several reasons. For one, it has become unbearable for me to receive the same beating and insult. She uses words "incompetent, and not doing my job" in front of everybody. And I mean everybody. This even includes te agents hearing it. 

There is one instance where I went on leave and I failed to finish some audit requirements for Quality scores. And then, the next day, people were joking about an email that was sent to everyone except me. This was an email with my photo on it in a swimming pool in one of our team buildings with a caption in it saying "wag tularan, does not meet audits, does not meet requirements"

There are also times when she says that I embarrass the entire team and puts the entire cluster on the spot. For that, for the fear of not getting fired, or "to be managed out of the company," I stay shut.

I spoke with her and asked her if she can transfer me to Manila instead. This is for me to just get away from her. She immediately supported it. However, I did not meet the requirements to move to the Manila Site. This is when i felt really depressed. And I was desperate to move out of the company. And so I did. I filed a resignation and moved to manila. I have yet to be cleared with the company. This is because I do not want to sign the quit claim form. 

Another thing is that I am at a supervisory level only. I am not a manager. However, the company did / does not pay us any night differential rates / OTs and holiday pays. I am not sure if it is correct that they are not. Also, we were forced to sign a contract regarding bonuses and incentives which were a part of the original contract. I guess they are doing this to cut the expenses by the company. 

The company also changed the policy on the payment of unused vacations leaves. They were doing so for the last 7 or 8 years or so. 

I just want to ask if I can still go after the company for damages? If this is a valid complaint to be filed at NLRC. If I can still get the backwages which I think should be due to me.


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2 Re: Question On Constructive Dimissal on Sat Jun 15, 2013 10:39 pm


supervisory employees are no longer entitled to OT, holiday pay,etc.

you have the right to contest your termination by filing a complaint at the nlrc. the outcome will depend on the evidence that will be presented.

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