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what will I do? they terminated me with foul reason...

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gcrystal2002


Arresto Menor
Hello po,

Ireally need your advise. I work in this company for almost 1 year and 6 mos already. I started last June 4 , 2012. Now I am 7 mos and on going pregnancy. My pregnancy is really dangerous. My O.B made a medical request to let me stay at home for few weeks and need total bed rest. Kasi po ang situation is that I am threatened to pre-labor. As I remember the last time I worked was Nov. 1 2013. But then when they let me see the TMS- Time Management System using Pc the last time I have their was Oct. 31. Parang di talaga ako mapakali bakit ganun kasi nag holiday ang Nov. 1 and 2 right? Before that I showed them my medical cert na I need to rest 2 weeks kasi yun ang advise ng O.B ko. after that po i ran in the hospital kasi muntik na po ako makunan. This company doesn't have benifits. wala po kaming TAX, SSS, Philhealth ETC. I emailed/ and called the company asking for emergency leave since sa amin no work no pay and naubos ko na din po ang 10days ko na paid leave. So for that I have no choice but to asked for emergency leave. It turned out na pinagpasahan nila ako. Before I forget this is a very small company a private one. and it's like BPO. sa loob ng office my 3-4 account na hawak. and ang isa dun is my account which I am the only employee. Virtual Administrative Assistant ang role ko. My boss is in the states. BUT dahil dito ako ang contract ko is here. the company na ito. and mga boss ko is also here and some sa US. SO back to my topic po. Pinagpasahan nila ako and they told me na they can't make it since they don't have funds! Tama po ba ito???? they can't give me emergency leave dahil walang funds? I also asked them sa 13th month ko na i advance ko na lng sana kasi subrang laki ng bills ko sa hospital and they said they can't din daw...

My US company has a funds with me worth 7k. YES I KNOW its really wrong to use the funds of the company without the company's permission, but then in my case i did use it kasi walang wala ako pera but I'm planning to return ir naman after they will release the 13th month.. The only person I talked to regarding sa pag gamit ng money was my HR knowing she was a friend to me..

Here is the scene. Nov. 21 they called me and was trying to tell me na i need to know something and I have the right to know. kung baga heads up daw sa akin. The employer terminated the Account. and will end Nov. 31. Wow imagine sa kalagayan ko terminated ang account. I cried It was really painful pero I have to accept the fact. Then on that day or next day sa na alala ko I told my HR regarding dun sa money I was being honest lng naman.

Byt then I never heared anything from the office. until Nov. 26, one of the messenger came into my house and gave me some documents to be signed! and what I saw was terrified me!!! galit na galit ako. Termination na documnt and they stated na yung offense ko was using the funds kaya na terminate ako!! So I didnt sign the document. Pina photo copy ko and I am planning to report this to DOLE. Nalaman nila na I have plans to report now they were asking me not to go to or wag na i dole baka pwed naman daw mapag usuapan.. I know alam nila na maling mali ginawa nila.. eto pa ang stupidity, they asked me to make a resignation??? TAMA ba eto?? but why? Kailangan ko nga work ko dahil sa condition ko tapos magrresign ako? di ba unfair po???


PLEASE TELL ME KUNG TAMA BA ETO? I AM PLANNING TO SEE THEM LATER THE MANAGEMENT AND TELL THEM HINDI AKO PAPAYAG SA GUSTO NILA NA GAGAGWA AKO NG WAIVER FOR RESIGNATION. PARA IPAPATUNAW KO LANG LAHAT NG RIGHTS KO PAGNAGKAGANUN. THEN I WILL TELL THEM NA CGE PURSUE NILA ANG TERMINATION KO PAPAYAG AKO BUT THEN THEY WILL PAY ME. SINCE HINDI CLA NAGBIBIGAY NG SEPERATION PAY MAGDDEMAND SANA AKO NG 1 YEAR SALARY. TAMA LANG BA ETO? KASI KUNG I DDOLE KO I DONT CARE NA MAHABA ANG PROSESO AND I KNOW MAS MALAKI AT DOUBLE OR TRIPLY ANG BABAYARAN NILA DAHIL WALA SINAG TAX, SSS, PHILHEALTH OR ANY BENIFITS NI HMO WALA PO AKO. SO TAMA LANG BA ETO? PLEASE I NEED YOUR ADVISE


SALAMAT po..

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HR Adviser


Reclusion Perpetua
1. Using company funds is wrong no matter what the reason it. Basically it would tantamount to loss of trust & confidence. But since they was not able to provide you with due process, they may be penalized for doing such but since you have admitted your offense, the company is not oblige to take you back for loss of trust & confidence

2. You have mentioned that you already consumed 10 days paid leaves. In the labor code, only 5 days were required from the company. So that means you were given more than what the law requires and you cannot compel the company to give you or pay you for additional emergency leave

3. You may complain at SSS, Philhealth and PAG-IBIG for their non remittance. As for tax, minimum wage earners are exempted from tax. How much do you earn? HMO is not a mandatory benefit


4. It is to much to ask for your 1 year salary since resigned & terminated employees are not entitled for separation pay. But the company may give it to their employees if they opt to. But separation pay is 1 month salary x number of years serve. 6 months is considered a year so basically, the reasonable amount to ask is 2 months salary equivalent.

5. If I were you, just go for the resignation and accept whatever they will offer you but fight for your mandatory benefits (SSS, philhealth, etc). I understand that you need a job as of the moment due to your condition but also acknowledge the fact that you also have committed a grave offense. I have come across with several case resolutions wherein the court acknowledges termination despite the lack of due process but only penalized the employer. Will give you GR no. later for your reference.

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gcrystal2002


Arresto Menor
Thanks for the reply.
I really appreciated it.

Regarding with the leave 5 days is sick leave and 5 days vacation leave that's why I consumed already 10 days of leave.

For my salary I earned 12k in a month that's my basic salary.
Yes I will definately complain regarding the SSS and etc.
As I mentioned before if I will pass a resignation letter they will let me sign a waiver as well that I will not go thru or complain to DOLE

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HR Adviser


Reclusion Perpetua
The labor code basically did not state 5 days vacation leave and 5 days sick leave. It states that an employee who had serve the company for more than a year must have 5 days Service incentive leave. The 5 days may be used as vacation or sick leave. Since your company is giving you 10, that is already an excess.

If you do not belong in GMA, your salary should be taxable.

Usually, when an employee resigns and was given his last pay and other income or benefit, the company would require you to sign Quit claim which is a legal document. A quit-claim usually states that you have been paid and that you are waiving your right nor any of your representatives to file suit against your company. I think that is the one they are asking you to sign.

If you plan to file a case, you will have to include in your demands the last pay and other claims you have. You cannot claim in advance you last pay then file a case.

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jaelfajardo


Arresto Menor
good day,
gusto ko lang pong mag ask ng advise regarding sa case ng kuya ko.. he is aregular employee sa isang plasctic engineering company in cavite. last week po December 5 2013, he is about to go to work ng may mag text po sa kanya na co employee nya telling him not to go to work dahil daw po siya ang pinaghihinalaan sa mga nawawalang scrap materials sa company. ang sabi baka daw po ipadampot siya pulis.. yung kuya ko po kasi sa mga mga ganyang isyu mahina ang loob though alam nya wala naman siyang kasalanan sa takot na baka nga siya nag ipadampot di na po muna pumasok.. then yesterday po naka received po siya ng letter from HR stating to report "back to work" and that he has to comply withim 24hrs upon received.. yun po ginawa namin we went to his work place he talked to his manager first then his manager advised him to file a resignation para daw po dina siya mainipit.. then after he went to the HR , nagulat po sya pag dating sa HR simasabihan na po sya nung admin consultant nila na ituro mo na mga masabwat mo. amg sabi mo ng kuya wala po akong alam sa pang yayaring yon.. then sabi po nung admin na nai file na namin yung case sa fiscal office kung di ka pa aamin sabi ng kuya ko anu aaminin ko po eh wala naman po akong kinalaman sabi na lang po ng kuya bakit pa po nyo ako pinag report ngayon at ang sabi nyo sa letter back to work pagkatapos sasabihin nyong terminated ako gawa ng awol.. anu po kaya ang magandang gawin namin?kasi po yung pera ng kuya ko sa coop at pati po ung 13th month nya na dapat nakuha na nya hindi po nila ibibigay. isa pa po yung isyu po ng nakawaan according to them also is still uncleared. sabi nga po nga manager nya may nag kalat ng isyu sa loob. isang malaking palaisipan po sa amin yung sumunod naman po ang kuya sa letter na pindala nila tapos ganun po ang verdict sa kanya

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