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Demotion and sanction of refuse to sign

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1 Demotion and sanction of refuse to sign on Fri Jul 26, 2013 2:44 pm

nlien


Arresto Menor
Hi atty,

last week i was demoted and back as production worker also my salary, This was happened when im back came from 3 days absent because my 8months old son was sick. I know they planned this already because of my healht related absences and few family emergencies like the one happened last week. when im back i had medical certificate to proved that my reason was true. This year i recieved memo already to explain why the company not to demote me, i made explaination for this, they made verbal warning also. last memo i received last June 2013 was a hearing notice after the explaination letter i made, but until now hearing was not happened.I was surprised recently when im back on duty they issued memo for me to signed and agree for the demotion, my question is this legal without hearing? I refused to sign it because it has statement also saying my absences are more than my days present which is not true. what will be possible sanction for not signing it? can they terminate me for this? last question, health related and family emergencies with medical certificate as one of the grounds of demotion? i need ur legal advice. tnx.

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2 Re: Demotion and sanction of refuse to sign on Fri Jul 26, 2013 5:03 pm

HR Adviser


Reclusion Perpetua
First, write a letter stating that due process was not observed and that demotion should be done only when the personnel failed to do his duties. Also, they must first give you an evaluation that you are no longer doing your job well.

Also, indicate in your letter who approved your absence and allowed you to take a leave since it should be authorized because is not you who is sick.

Although it is the company's prerogative to demote you, your salary should remain the same or else, you can file for dimunition of benefits



Last edited by HR Adviser on Fri Jul 26, 2013 5:05 pm; edited 1 time in total (Reason for editing : Additional Info)

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3 Re: Demotion and sanction of refuse to sign on Sat Jul 27, 2013 12:04 am

nlien


Arresto Menor
Thanks for the advised. What will be the possible deciplinary action for refusing to sign because i know this monday they will call my attention to received that memo.

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4 Re: Demotion and sanction of refuse to sign on Sat Jul 27, 2013 4:17 pm

HR Adviser


Reclusion Perpetua
insubordination

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