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Advice on Due Process or Labor Violation

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1 Advice on Due Process or Labor Violation on Wed Sep 25, 2013 9:15 pm

rjdestura


Arresto Menor
Brief History. I am presently employed as a Sr Manager for a BPO company. During the hiring process I was told by the hiring VP that the Site Director who interviewed me along with her did not like me but I was hired regardless by the VP. During my employment starting in December 2012, I reported directly to the hiring VP til her Departure in July. Due to her Departure my reporting officer changed to the site director who initially did not like me. Coming to the month of August. Now that the site director is my reporting officer I feel that her treatment towards me versus other subordinates are unfair and unjust. Examples range from purposely trying to embarrass me in group meetings by asking questions I have no answers for when she does not ask others.. Purposely making me feel irrelevant by her stating the same.. Now Sept 25, 2013 I just received a Notice To Explain with about 20 infractions that date back to early August up to the present. The Notice to explain doesnt state what infraction from the Code of Conduct I violated and what the repercussions are. But upon asking the HR Manager who served it to me. He stated it was due to Negligence. Though it is not clearly stated on the NTE. I am confident and have the supporting documents to dismiss the allegations however the treatment I feel is unbearable. Are there any violations? What are my options?

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2 Re: Advice on Due Process or Labor Violation on Thu Sep 26, 2013 10:35 am

Patok


Reclusion Perpetua
If you have everything documented, you could terminate employee employer relationship, just submit a letter of resignation effective immediately and sight the unbearable treatment that you are getting is the reason why you can no longer continue your employment. Make sure you have all the evidence in writing (emails, memo, etc). Then file a case of constructive dismissal at NLRC.

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3 Update on Fri Oct 11, 2013 4:03 pm

rjdestura


Arresto Menor
I was terminated from my employment today with the Notice of Decision stating that my explanation was insufficient. There was 23 different allegations on my NTE backdating to August up to Present and the violation is "Breach of Trust and Confidence". As for my explanation I prepared a total of 37 pages of supporting documents and 4 page written explanation explaining all the allegations.

The account that I managed since my take over has increased in performance, reduced in employee attrition by over 10% and absenteeism improved by 10% daily.

The new VP of HR who started the same day as the notice of decision even mentioned. "By the looks of this, it looks like a personal relationship gone wrong, rather than a business relationship gone wrong." However he stated that he can no longer change the decision as the decision was already made prior to him starting.

I am frustrated because
1. It's clear my account is performing better than when I initially took over.
2. My boss compiled a sum of 23 different allegations that was served to me in 1 big lump sum.
3. No documentation or coaching ever happened.. So how can I break the trust of the company when I was never told about these things to begin with?
4. They even went as far as asking for feedback from my subordinates and even to the clients I support. Isn't that degrading?

Need advice.

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4 Re: Advice on Due Process or Labor Violation on Fri Oct 11, 2013 4:24 pm

Patok


Reclusion Perpetua
if you think you have a strong case of illegal dismissal then go to NLRC and file a case.. make sure you have everything documented.

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