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masked constructuve dismissal and pending illegal suspension

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aktb


Arresto Menor
Good day! ive been doing my research on my case and it seems legit to finally engage in a forum and perhaps get enlightened through this forum. So here goes my story...

On Sept 13 this year, my boss and I were served a Special Office Order releiveing us of our duties as HR personnel WHILE the DIVISION is being audited, and are to be transferred to positions demoted in rank, and in no way relevant to our current jobs, and also orderign us to be locked out of our office as well. The order was served by our VP whos an attorney, accompanied by our Internal Audit Manager, Safety adn Security Manager and Legal specialist. We refused to receive such, due to the fact that I am pregnant, I cannot function as a storage clerk, and it was tantamount to constructive dismissal, and that this practice was never done in the company as Audit requires furnishing of reports and constant access to all files, active and inactive.

We wrote to the Board of Directors, since they gave us th eimpression that such order were by the BOD, but to date, we receive no reply.

The order was said to be coterminous with the Audit AND as of last week, the Audit Manager told us they already forwarded the Audit report to the BOD--meanign they are already done with their report.

We were then given an NTE for Insubordination and Refusal to Trasnfer, to which we both rebutted that for such violation to count, it should first establsih the 3 requisites for Insubordination: order was lawful,sufficiently made known to the employee,and relevant to the functions the company hired us to do; while the transfer should establsih that it doesnt constitute to constructive dismissal, not done in bad faith, so on.

Unfortunately, TODAY,OCTOBER 14, 2013, we are still being locked out of our office, and for the past weeks, all originating documents, memos, and even payroll, as soon as forwarded, are being replaced by the Legal Specialist who was assigned as the tentative HR Officer, to show that the documents originated from them/him.

Aside from this, the Invetigation Committee who shall look into the our reply to the NTE before deciding if we shall be suspended, is composed of the VP herself, the Legal Specialist, the Officer who applied for promotion but got denied, to which Promotions Board I was a part of, and one member who got suspended and one other whose regularization was delayed. I asked for the VP, the Legal Specialist and the Officer to inhibit and be replaced becasue they were part of our complaint in the letter to the Board of Directors and the Officer who didnt get promoted might have a different view as to why I should be "punished". However formal the request was in the name of fair trial, they still convened.

This is just an over view from the Grave Abuse of Authority we're getting now aside from the terrible discrimination the top mangt has been giving us due to numerous memos forwarded from HR to the President calling her attention on violations of the Labor Code, but basically that's how the picture goes.

Now my immediate issues are these:
1. Anticipating the manipulation in the Investigation Committee and that I get suspended, what can be my appeal if I filed for Illegal Suspension?
2. should I be going to the NLRC or NCMB?
3. can I already file for constructive Dismissal even when Im not yet dismissed? My Legal adviser has been urging me to go to NLRC and file already but Im not sure if I can already file without being separated yet.
4. What are my other options?

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HR Adviser


Reclusion Perpetua
1. You can file for SENA at DOLE for illegal suspension. But if you have a union, ask help first from your union president and counsel

2. Since you are still an employee, SENA is your best option. If it fails, go to NLRC

3. It's really up to you but make sure you are emotionally and financially ready for a case

4. Negotiate for a graceful exit

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aktb


Arresto Menor
thank you for this reply! il think about the SENA first, but im curious if what you mean by "graceful exit" you mean resign instead?

then file for constructive dismissal?

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