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

Possible illegal dismissal and involuntary servitude

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

achilles


Arresto Menor
Good Day!

I'm a big fan of this site. What you do here is very helpful especially for people who doesn't have an in depth knowledge about labor law and other law stuff, just like me.  Didn't even think that one day I'll get involved in something that would require legal expertise that's why I registered and decided to seek help. So here's my dilemma:

I work at a very reputable bank firm in Taguig BGC and i belong to a group of employees who are currently involved in an HR case. You see we are allowed to use emails and chat in the office, me together with my friends always create our mini chat room everyday. We talk about stuff, crack jokes, talk about other people make fun of them, sex etc just for fun and to relieve stress from work. We are aware that we shouldn't but who cares? Everyone's doing it. So one day, a friend of mine accidentally sent the conversation history to his supervisor. Then his supervisor reached out to another supervisor then things escalated from there.this incident happened on 5/12/2014. The following day, we were invited to meet with HR together with a couple of lawyers from the firm. They told us that they are conducting a prelimenary investigation and that the things discussed are confidential and should not be shared to anyone. They scheduled the meeting without prior notice. Fast forward to today, no NTE has been served as of yet, confidentiality was broken but the word is we are going to get terminated.

In addition to this, while the investigation was on going I was about to transfer to another department but HR denied it giving false information to the receiving department and to my superiors. When my superiors learned that they were misinformed they got surprised. HR said i cannot transfer due to an outstanding written warning. It's outstanding, but the prescriptive period is over and i should be eligible for a transfer. My supervisor confirmed this with the same HR who misinformed my superiors but when i tried to get confirmation from him, he was giving me the runaround.

Also, I've been an apprentice for a year and 8 mos now, and due to this issue they decided to put me back on the phones and take calls. I have not taken calls for the longest time now. During my apprenticeship, agreement was done verbally, no signing of contract was done, my performance rating gets to a default passing score each month. This is contrary to the practice of other lines of businesses within the company with regards to apprenticeship.

So what will be the best course of action in my situation? Should I resign? Or should I wait for them to terminate me? Is there anything I can do about the apprenticeship issue?

With regards to involuntary servitude, one of my friends submitted a letter of resignation effective immediately but HR did not approve it.

Ill be waiting  for your response. Thank you



Last edited by achilles on Mon Jun 16, 2014 1:35 am; edited 1 time in total (Reason for editing : adding a few more details)

View user profile

council


Reclusion Perpetua
achilles wrote:With regards to involuntary servitude, one of my friends submitted a letter of resignation effective immediately but HR did not approve it.

Ill be waiting  for your response. Thank you

That is correct. The labor code provides for 30 days notice except for 4 unique circumstances:


An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

1. Serious insult by the employer or his representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

4. Other causes analogous to any of the foregoing.

View user profile http://www.councilviews.com

achilles


Arresto Menor
Thank you for responding. But what about my other issues sir? The HR and the apprenticeship issue sir? Anything I can do about them?

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