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Sir/Ma'am Need some advice po. about termination ng employer sa employee

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IaNLaO


Arresto Menor
Good Day po sa lahat. just need some enlightenment about this.

kasi po according to a common friend ko sa company. i only have 2 weeks until my termination sa company. ang reason daw po is about my absences and lates. i got aware of it yesterday (VIA TEXT) na hanggang feb 15. nalang daw ako sa company. i was adviced na wag daw ako magfile ng resignation letter at any cost dahil hindi naman daw ako ang umalis. i was termanated and if sabihin na sakin ng head ng company yung termanation ko (which is i dont know when nya exactly sasabihin coz naging concern lang saken ang friend ko) eh dapat daw termination letter with valid reason why i was terminated.

here are some questions i have for you. hope you can help me out:

1. nasa batas po ba na ang late and absences ay grounds for termination?

2. everytime na i-ssuspend nila ako sa work because yun daw ang policy ng company eh wala sila binibigay na memo. sinasabi lang nila sakin via text (taga accounting ang ang nagsasabi saken at walang memo) so if walang memo does that mean they cannot terminate me kasi wala naman documents to prove na they suspended me?

3. according sa friend ko hindi daw ako mabibigayan ng seperation pay kasi nga daw ang reason ay yung sa dami ng late at absences. mag 4 years na ako sa company. maghahabol pa ba ako?

4. nalaman ko lang yung termination ko yesterday (thru a friend pa) na hanggang feb 15 nalang ako. unfair ba saken if i was given a short amount of time about the said termination? i wasnt informed by the head or the accounting itself about it.

5. ano po ang minimum wage ngayon? im getting 12k a month( 6k every 15th of the day )

6. ano po ang ang rights namin mga employeee regarding termination if wala naman talagang rule sa company about tardiness. talo bako sa case na to?

yun lang po muna. i hope someone can help me about this Sad

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Patok


Reclusion Perpetua
may process yan.. nag hearing na ba kayo? hindi pwede basta na lang i terminate.. pag walang process you can file complaint sa NLRC.

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IaNLaO


Arresto Menor
Patok wrote:may process yan.. nag hearing na ba kayo? hindi pwede basta na lang i terminate.. pag walang process you can file complaint sa NLRC.

paanong hearing? like meeting po? nope wala pong ganung nangyari. so if wala sa process does it mean void ang termination?

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council


Reclusion Perpetua
IaNLaO wrote:
Patok wrote:may process yan.. nag hearing na ba kayo? hindi pwede basta na lang i terminate.. pag walang process you can file complaint sa NLRC.

paanong hearing? like meeting po? nope wala pong ganung nangyari. so if wala sa process does it mean void ang termination?

From the SC - http://sc.judiciary.gov.ph/jurisprudence/2007/june2007/166208.htm

To clarify, the following should be considered in terminating the services of employees:

(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. “Reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

(2) After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.

(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.


Anything lacking not in accordance with above may be void and contestable sa NLRC.

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IaNLaO


Arresto Menor
Fyi po wala pa po sa court ito. Im seeking legal advices palang po sa inyo.

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council


Reclusion Perpetua
IaNLaO wrote:Fyi po wala pa po sa court ito. Im seeking legal advices palang po sa inyo.

that's exactly why i posted it - if hindi sumunod sa ganoong process sa pag terminate sa iyo then you have something to fight for. BUt to answer your questions:

1. Nasa batas ang lates and absences ay grounds for termination dahil pwede syang mag-fall as serious misconduct.

ART. 282. Termination by employer. - An employer may terminate an employment for any of the following causes:

(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

(b) Gross and habitual neglect by the employee of his duties;

(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

(d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

(e) Other causes analogous to the foregoing.

2. sa pag suspend dapat meron pa din hearing or at least paliwanag mula sa iyo sa kaso nila sa iyo. At kung galing sa ibang tao (accounting?) na hindi mo naman supervisor or may-ari ng opisina, maaring hindi totoo ang sinasabi (baka chismis lang o gumagawa lang ng intriga).

3. kung tama ang pag-terminate sa iyo, maaring hindi mo makuha ang ibang benepisyo.

4. generally, pag termination, dapat immediate at hindi na naghihintay ng ilang araw pa. kasi kung pagbibigyan pa ng ilang araw ang isang empleyadong merong pagkakamali (kunwari nagnakaw o nakasira ng gamit), baka gumawa pa ng ibang ikasisira ng opisina.

5. ang minimum wage is around 10k lang.

6. wala bang employee handbook or code of conduct na pinapirmahan o pinabasa sa inyo?

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IaNLaO


Arresto Menor
Nope walang handbook or code of conduct na pinapirmahan saken sir

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IaNLaO


Arresto Menor
Update lang mga sir. As of today wala pa akong natatanggap na memo about my termination. One week has passed yet wala pa din.

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