Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

illegal dismissal and holding of my original requirements

View previous topic View next topic Go down  Message [Page 1 of 1]

RyanJayJunio


Arresto Menor
i have a case sa nlrc, kc po nagbaba ng notice of end of provisionary agreement ang gen. manager namin sakin last dec28, wherein as per provisionary crontract na napirmahan ko ay effective dec8 lang po, tapus ang grounds nila ay mostly for terminaltion. pinapirmahan nila skin without attachment ng evaluation skin. then now, they are not releasing my original requirements kc daw may case pa kami sa nlrc and pati din po ung last pay ko.
they wanted me to endorse ng lahat ng pendings ko.
please i have to know what to do, i have a recorded meeting na tinatanga nya kami, tapus

anu po ba pwede ko isampa na kaso sa paghohold nila ng original documents ko at sahod?



Last edited by RyanJayJunio on Tue Jan 28, 2014 11:42 am; edited 1 time in total (Reason for editing : change of title)

View user profile

HR Adviser


Reclusion Perpetua
What requirements did they withheld?

As per your last pay, if it exceeds p5,000, you may file money claims at NLRC

View user profile

alexisbantilan


Reclusion Perpetua
RyanJayJunio wrote:i have a case sa nlrc, kc po nagbaba ng notice of end of provisionary agreement ang gen. manager namin sakin last dec28, wherein as per provisionary crontract na napirmahan ko ay effective dec8 lang po, tapus ang grounds nila ay mostly for terminaltion. pinapirmahan nila skin without attachment ng evaluation skin. then now, they are not releasing my original requirements kc daw may case pa kami sa nlrc and pati din po ung last pay ko.
they wanted me to endorse ng lahat ng pendings ko.
please i have to know what to do, i have a recorded meeting na tinatanga nya kami, tapus

anu po ba pwede ko isampa na kaso sa paghohold nila ng original documents ko at sahod?

Just file money claims sa DOLE.

View user profile

RyanJayJunio


Arresto Menor
nagfile na po ako, ang problema ko din po ung mga requirements ko na lahat original nasa kanila, 3 employers na po ung hindi ko natuluyang pasukan because i dont have all my requirements, di nila binibigay hangang ngaun. kahit nakapagpa-clearance at nakapagpa-received na ako ng endorsements ko.

View user profile

HR Adviser


Reclusion Perpetua
Pre-employment requirements (NBI, police, etc) whether original or not, becomes a company property (201 file of an employee) and is not required to give it back to the employee once resigned.

Do you have an agreement that the company will return your requirements once you resigned?

View user profile

RyanJayJunio


Arresto Menor
including original birth cert, transcript, e1?

View user profile

HR Adviser


Reclusion Perpetua
Why did you give your original BC, TOR & e1.

You can try asking it from them. There is no law stating that they must give back your requirements. Or ask your lawyer if you could include it in your position paper

View user profile

alexisbantilan


Reclusion Perpetua
HR Adviser wrote:Why did you give your original BC, TOR & e1.

You can try asking it from them. There is no law stating that they must give back your requirements. Or ask your lawyer if you could include it in your position paper

Contrary to that.
Original documents is still personal property of the employees. Only that HR people try to ask for original documents for clarifications purposes and should be returned to owner afterwards.
The actions of not giving back the originals are just RETALIATORY MEASURES done by some erring HR people, that is t delay job hunting activities by the employees.

Just include in your claims that all original docs should be returned to you immediately.
If they can't return it, file NEGLIGENCE on HR part.

View user profile

HR Adviser


Reclusion Perpetua
Alex,

Is there a law barring HR to get original documents? We require original NBI, Police, brgy clearance, NSO birth certificate, drug test and cedula for security purposes.


Smile

View user profile

attyLLL


moderator
ryan, i recommend you just get new originals of these documents


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
View user profile

alexisbantilan


Reclusion Perpetua
HR Adviser wrote:Alex,

Is there a law barring HR to get original documents? We require original NBI, Police, brgy clearance, NSO birth certificate, drug test and cedula for security purposes.


Smile

Contrary, was there a law also that requires you to get original documents?
Can you show me?

View user profile

HR Adviser


Reclusion Perpetua
There's none but can be considered as COMPANY PREROGATIVE


Smile

View user profile

alexisbantilan


Reclusion Perpetua
HR Adviser wrote:There's none but can be considered as COMPANY PREROGATIVE


Smile

Noted.
So as part of obligatory measures, you can ask it anytime as part of your security measures. But it may considered negligence in part of HR if they were not going to return it to owner.
There must be a mutual policy regarding this. Sometimes over exercise of prerogative may lead to oppression and results to difficulties in part of the applicant because it costs money to re-apply for original documents. Things which most HR neglect. Therefore, I can say that the need more seminars on how to care and take another course of what HUMAN really means to.

View user profile

HR Adviser


Reclusion Perpetua
How come not returning becomes negligence? I don't see any relation. Pre-employment requirements are basic requirements. And asking for the original copy is not over exercise. Alex naman, para requirements lang malaking issue na? Kailangan pa talaga may mutual policy pa? Para namang sinasabi mo na napakawalang hiya at hindi na makatao ang mga company just because they ask for some original requirements.


Smile

View user profile

alexisbantilan


Reclusion Perpetua
HR Adviser wrote:How come not returning becomes negligence? I don't see any relation. Pre-employment requirements are basic requirements. And asking for the original copy is not over exercise. Alex naman, para requirements lang malaking issue na? Kailangan pa talaga may mutual policy pa? Para namang sinasabi mo na napakawalang hiya at hindi na makatao ang mga company just because they ask for some original requirements.


Smile

Of course I didn't say that na walang hiya.
Walang consideration siguro pwede pa.
Even for employment or not, any original even photocopied docs are still owners property.
Companies asked for records and legal requirement purposes. For original docs, like NSO certificate, I remember DFA for passport req asked for original.

Nasa HR na yan na nag cheheck if talaga bang threat or criminal yung applicant.
By just simple looking at the original and the photocopied docs, parang alin ng naiiba checking lng yan madame HR.

Yung issue ksi dto ayaw ibalik ni HR ang original docs.
Bakit pagmamay ari nyo ba lahat?

View user profile

HR Adviser


Reclusion Perpetua
Alex,

As I've said earlier, once you give your requirements, it becomes a company property. Just as when you give me a house, it becomes my property and not yours. Also, you just can't simply revoke it. Simple premise as that.

And there are previous scenarios that prompted the company to ask for original documents. Anyways, this documents can still be asked from NSO, NBI, etc. Also,especially for big companies like us, it is really time consuming to verify records to all of our new hires especially now that you can just get authentic looking documents from baclaran, divisoria and else where

We should have owned you if we own everything

Smile

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum