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Probee employee may habol ba sa termination?!

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1 Probee employee may habol ba sa termination?! on Mon Sep 09, 2013 4:19 pm

Bothered_gurl21


Arresto Menor
Ask ko lng po, may habol po ba ang mga probationary employees (employed less than 6 months) if in case company chooses to terminate them?

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HR Adviser


Reclusion Perpetua
As per experience, DOLE and NLRC rarely gives priority if your are a probationary employee because the company can argue that you did not qualify to be a regular employee. But its always a case to case basis. Have you done something wrong?

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jhos@sniper


Arresto Menor
hi ask ko lang po kung ang probee po ba n( more than 6months and 17days) ay my separtion pay na matanggap. kasi po ay tinggal nila aq dahil cost cutting po ung company kaya po ngbawas sila ng tao. at wala pong abiso sa akin na tatangalin ako kaya po nabigla po ako sa desisyon nila. at ngkunin po ko ung sahod ko ay may pinapirmahan sa akin separation and clearance sa akin. at ng napirmahan ko yun ay pumunta aq sa dole para magfile ng complaim sa company pero ng tignan ko po yun napirmahan ko ay nagsaad n di araw aq pwedeng mgcomplain at lahat ng claims ay d n pwedeng kunin dahil sa mapirmahan ko na ung clearance at punishble by law daw un. pero may kukunin pa aq dun sa incentive sa company pero dahilan nila ay wala pa daw un.
may laban laban ba aq sa company nmin. at may makukuha ba aq na sepation pay dun .

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HR Adviser


Reclusion Perpetua
Jhos,

If what you signed is a quit-claim, I think it would be very difficult to fight for that since quit-claim would mean that the company has no more obligations with you and that you are guaranteeing that you wouldn't file against the company.

You should be informed 1 month in advance that your services will be terminated due to cost-cutting and yes you should receive a separation pay that is equivalent to 1/2 month of service times the year of service. For instance, your salary is 10,000. you are only employed for 6 months so you would be receiving P2,500 as separation

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jhos@sniper


Arresto Menor
yes i sign a quit claim pero mayroon pa akong kukunin dun at alam nila un at at huli na ng nabasa ko yung sulat sa ibaba kasi sabi nila di nila ibibigay ung huling sahod ko kung di ako pipirma dun sa quit claim kaya pumirma na lang ako para makuha ung sahod ko.

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HR Adviser


Reclusion Perpetua
You can try filing a case but I really doubt if you can make it. The quit-claim is a strong evidence that the company has been freed from all liabilities

Good Luck

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jhos@sniper


Arresto Menor
when the effectiveness of the quit claim. what a form of quit claim? the carbonized copy of mine was no specific date when i quit the claim.

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jhos@sniper


Arresto Menor
know all men by these presents:

i hereby declare that as of ___________,____, company name. has fully paid me all that due by reason of my employementesenroces with company name.
i futher certify that i have no caliam whta soever againt company name by virtue of existing labor laws of salaraies, allowance, overtime and of any other claim arising from or due to my employment wit compny name.
i hereby declare that i have signed this waiver and release willngly and voluntary and with full knowledge of my right under the law

name of empoloyee with signature/ date

question;
1.what if i did not sign the date of declaration or i did not fill in the blanc. in cabonized paper. the certifacation must valid.
2.the signature must no date.
3. what if thier one signature in cerftify this is valid
4.the certificate is include the detail of last payment in cash voucher.this is valid
5. their no signature of who prepare the document and thier no signature of the approval of the payment or owner this is valid transaction.
6. when i receieve the total amount of salary their have a date in OR in the company that they sign it to me. this is valid for acceptance the cerfity to no claim in company.
7.what the penalty if they sue me by company.

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