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help! urgent

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1 help! urgent on Fri Sep 10, 2010 2:40 am

abnoy


Arresto Menor
good day po! ask ko lang po kasi under preventive suspension po ako ngaun. ang case po is harassment kasi nag away po kami ng gf ko sa workplace then nagkasigawan kami and hinila ko po yung girlfriend ko pero hindi ko po sya sinaktan. Hinila ko lang po sya para makapag usap kami. hindi po yung gf ko ang nag file ng complaint against me sa HR, pero yung friend po nya. nagbigay po ng letter yung gf ko sa HR and sa boss namin na ayaw nyang mag file ng complaint and base po sa Incident Report na binigay ng ibang witness, iba iba po yung mga nakalagay doon na nangyari like kung saan nangyari yung pag aaway namin, at may mga nakalagay sa incident report na hindi totoo. Pwede pa rin po ba akong materminate from work kahit yung taong involved po is ayaw naman akong kasuhan? binigay po skn yung paper about sa preventive suspension ko kanina. then I was given 5 calendar days to provide them with my Incident report and explanation kung bakit hindi po ako dapat iterminate. They're expecting me na ibigay po yun sa Monday. Di po ako makahingi ng advice from DOLE because of the long weekend. Anu po ba dapat kong gawin?

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2 Re: help! urgent on Fri Sep 10, 2010 7:20 pm

attyLLL


moderator
even if your gf did not file the complaint, as long as others who saw what happened are able to substantiate the complaint, then yes, you can still be punished administratively.

you have been given a notice to explain, the first step in due process. what is the charge against you? harassment or sexual harassment?

are you now in good terms with your gf? ask her to issue a statement also. your should point out the exaggerations in the incident report. and what is not true and add the statement of your witnesses and hopefully your gf.

i do not think you can get out of this unscathed but hopefully you will not be terminated. here's a tip. end with this:

"I have been informed by my legal counsel that in a long line of cases, the Supreme Court has decreed:

where a penalty less punitive would suffice, whatever missteps may be committed by labor ought not be visited with a consequence so severe. It is not only because of the lawĺs concern for the workingman. There is, in addition, his family to consider. Unemployment brings untold hardships and sorrows on those dependent on the wage-earner."

Note: i am not your legal counsel, you are bluffing that you actually have one. most companies think twice about terminating an employee when it is likely that it will result in a illegal dismissal case with the nlrc


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3 Re: help! urgent on Fri Sep 10, 2010 8:51 pm

abnoy


Arresto Menor
thank you very much po.. we're still on good terms ng GF ko. Breadwinner po ako ng family, and she knows how badly i need to keep my job. I'll make sure that I can get a statement from my witnesses as well. Thank you so much atty

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4 Re: help! urgent on Sat Sep 11, 2010 12:09 am

abnoy


Arresto Menor
harassment po yung case. my GF and I had a fight. so nasigawan ko po sya in front of her friends, hinila ko rin po sya para makapag usap kami. wala pong intention na masaktan ko sya physically. after that incident, naging ok po kami kaso nung nagkaron po kami ng pagtatalo ulit, pinatay ko po yung pc nya sa ofis. Yung friend po ng GF ko ang nagsumbong sa immediate boss then yung boss po ng friend nya ang nagsumbong sa HR

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5 Re: help! urgent on Sat Sep 11, 2010 1:57 am

attyLLL


moderator
target ending with a last written warning or just suspension. that would be a decent ending. if i were the employer, i would not tolerate employees getting physical with each other. good luck.


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6 Re: help! urgent on Wed Sep 29, 2010 3:41 pm

Nach


Arresto Menor
Hi! need you legal advice on this please. I am an employee for a BPO company for 4 years already. I am in a 262 days contract ever since. Now, they are offering me a Managerial Job position and in the contract it states that it will be 314 days contract, isnt it an diminution of benefits?

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7 Re: help! urgent on Wed Sep 29, 2010 4:39 pm

attyLLL


moderator
diminution refers to a forced reduction of pay or benefits. in this case, you are only being offered a new position which you are free to reject.

the employer is free to use whatever factor it deems warranted. if you choose to accept the position, you will now be required to come to work on 6 days instead of 5 a week.

in short, you are free to reject the management position, but if you do, there is nothing unlawful about increasing the number of paid days a month where you are required to be present.


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8 Re: help! urgent on Fri Oct 01, 2010 3:01 am

Nach


Arresto Menor
is there a cut off of allowed length of emergency leaves?

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9 Re: help! urgent on Fri Oct 01, 2010 6:28 am

Nach


Arresto Menor
Can emergency leave be filed after the leave?

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10 RE: Termination on Fri Oct 01, 2010 5:20 pm

ms. leo


Arresto Menor
Hi! I would like to ask if is it legal when an employer will terminate an employee that they accussed of qualified theft? I mean, he is not yet convicted. But he was still in jail, and the hearing of his case is still on going. Can he file illegal termination against the company in NLRC when he will found not guilty? Thank you.

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11 Re: help! urgent on Sat Oct 02, 2010 12:37 pm

attyLLL


moderator
nach, there is no legal provision regarding emergency leaves. it will depend on the circumstances whether it is warranted.

ms. leo, interesting question. i believe that the company still has to comply with the requirements of procedural due process, but if the fiscal found probable cause, that will justify the dismissal.


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12 Re: help! urgent on Mon Oct 11, 2010 7:54 pm

Nach


Arresto Menor
What if we want to be represented by our law office about a certain case filed to us, does it really need to have the following:

1. Partner
2. Senior Associate
3. Associate

or we can only have 1 to represent us?

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13 Re: help! urgent on Mon Oct 11, 2010 10:35 pm

attyLLL


moderator
it is up to the law firm how they wish to handle a case and who to handle it, but the client can request that it be handled by only one person if cost is an issue. nevertheless, in a law firm set up, that is usually the case. it is the partner who deals with the client and directs what an how it is to be done. the SA and Assoc does the grunt work.


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14 Re: help! urgent on Thu Dec 16, 2010 2:35 pm

Nach


Arresto Menor
Is there a term FORCE LEAVE in labor? if there is no such thing, what is it called if Work days is reduced on account of losses?

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15 Re: help! urgent on Thu Dec 16, 2010 5:38 pm

Nach


Arresto Menor
I would like to know if the company is experiencing low volume of work and can only accommodate some employees, but decided not to term people but just put them on reduction of numbers of regular working days or force leave, is it mandatory that employees can use their unused and available vacation leave credits?



Last edited by Nach on Thu Dec 16, 2010 6:30 pm; edited 2 times in total (Reason for editing : detailed)

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16 Re: help! urgent on Fri Dec 17, 2010 11:54 am

attyLLL


moderator
forced leave is not legal, but the employees can agree to a scheme of reduced work in exchange that there will be no terminations of employment. a mutual sacrifice.

but if employees refuse, then management cannot force them. the remedy of the employees is to report the matter to DOLE


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17 Re: help! urgent on Fri Dec 17, 2010 4:46 pm

Nach


Arresto Menor
Thanks!

Another question:
I would like to know if the company is experiencing low volume of work (dead season) and can only accommodate some employees, but decided not to term people but just put them on reduction of numbers of regular working days, is it mandatory that employees can use their unused and available vacation leave credits? If so, What if in the Employee Manual it specifically states how many employees are allowed to take a vacation in a day and all December VL spots are full already, can they still have use their VL credits?

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18 Re: help! urgent on Mon Dec 20, 2010 1:59 pm

attyLLL


moderator
well, it seems the company wants them to use the credits so i'm sure the company can relax the rules.


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19 Re: help! urgent on Thu Mar 31, 2011 12:58 pm

Nach


Arresto Menor
I have a question about resignation with 30 days notice. What if an employee tendered a 30 day notice, is it legal to release him before or earlier the 30 day effectivity?

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20 Re: help! urgent on Thu Mar 31, 2011 7:30 pm

attyLLL


moderator
yes, if the employee requests it and the employer agrees. there has to be consent by both parties.


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21 Re: help! urgent Today at 10:11 am

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