compelled to give up employment
1 compelled to give up employment on Sat Nov 09, 2013 12:27 am
2 Re: compelled to give up employment on Sat Nov 09, 2013 12:47 am
But in my opinion, you can fight for your regularization. Were you notified that your probationary status will be extended?
3 Re: compelled to give up employment on Sat Nov 09, 2013 2:27 pm
We were asked to sign a paper that states we agree to extend the probationary period. Of course since we needed jobs, we signed it because it states in the paper that if we do not sign it, our employment would be terminated a few days after that signing date. We wanted to argue about it, but we also did not want to lose jobs, most of us are parents. It was like we were left with no choice but to sign.
Regarding my question about the contract, when can it be voided? Would I have a chance to fight that verbal assurance from their HR kept telling us about a steady day shift?
And the advertisements I've kept that originally tempted me to join the company, would that be helpful to fight for a day shift? Wouldn't there be a law on deception or false advertising?
4 Re: compelled to give up employment on Sun Nov 10, 2013 2:07 am
Why were you extended? Usually, a probationary status is extended if the employee has poor performance and the company would like to give him a chance.
I can't think of anything to compel the employee to give you a morning shift since the account is lost. If you filed a complaint at DOLE and I represent the company, my argument would be this: The advertisement is not false since we have a client that would prefer day-shift account. But as unseen circumstance, the client backed out prior to your deployment. And from the start, you have signed a contract stipulating that you also agree to have whatever shift the company can give you in the future. I cannot also pull out other employees having a day shift so that I could cater you because it is also unfair on the other employees. But I can compromised that should there be any vacancy for day shift, you would be prioritized.
5 Re: compelled to give up employment on Sun Nov 10, 2013 2:57 am
The planned client only backed out when we were already on the third week of training. Yes it was an unseen circumstance and out of anyone's control, yet would it not be possible to demand for arrangements about getting the preferred dayshift, especially considering that we would have never joined this said company if it were not for this ad that was very enticing. Having given up previous jobs with higher pay or more benefits just to get the dayshift, would this be reasonable enough to ask for a compromise?
So with your legal expertise, you are telling me I have nothing against this company who has deceived me and denies to my simple request to stand for the ad they have invited me with in the first place?
If I just choose to resign, what can you say about the monetary bond that holds me to stay for a certain period of time? Would it mean the company can hold it against me? Many of us have already resigned because of this, however they are those people who have decided to pursue another industry and are not worried about background checks, I worry about it much because I would still find myself in another call center after this, so I am very afraid that the bond might be used against me, might be a reason I would not be accepted in another callcenter. Please advise me.
Your responses have been appreciated and are looked forward to.
7 Re: compelled to give up employment on Sun Nov 10, 2013 7:16 pm
HR Adviser wrote:I am not pretty sure if there is. I have tried researching also in SC cases but none would really match your concern. You could consult DOLE.
You may use the Mariwasa vs Leogardo as an applicable case GR No.74246 January 26, 1989. Here a probationary may be extended so long as it will the employee extended period to prove it worth for the company in place of totally not regularising and terminating the employment. Again employers are given wide latitude in determining its operation and actions. As long that it will not create injustice.
8 Re: compelled to give up employment on Mon Nov 11, 2013 9:54 am
How about unemloyed's concern about her employer's promise to give day-shift schedule but when the client backed out, they were given night shift. Any advise? You might be able to help her with this one.
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