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

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

1 Illegal dismissal on Sat Jul 26, 2014 2:01 am

Kukai


Arresto Menor
Illegal dismissal:

Humihingi po ako ng payo kung ako'y may laban dahil tinerminate ako ng company ko 3 weeks before ni remove nila ang account. I had my first warning due to fraud/dishonesty on the 3rd week of march a week after na regular ako. In your opinion po, fraud or dishonesty po ba ang hindi intensyong matanggal ang dalawang marketing leads sa sytem dahil na click ko ang change language ng account ng lead(hindi pa client) and out of curiosity inulit ko to confirm it really do remove the lead in my system and return it to the main system which they didn't even know na nangyayari pala which I immediately admitted and explained that it was not intended to take advantage of anyone or threaten the company at wala oong nawala sa company ni isang kusing sa ginawA namin. Dalawa kaming gumawa nun kase sya lang sinabihan ko about it para hindi gawin ng iba at samantalahin at pwedeng ma abuso which is a guilty feeling in my part and she also did it twice to see if it really does. I immediately approached my supervisor and explained that I was the one behind it and I just told my teammate to check it and she doesnt even know na nagagawa pala yun knowing na pioneer batch sya at iilan lang function ng system para makabisado. This is a forex company and we are in sales team and we have a quota to meet every month. This same month ni-raid kami ng nbi if you have seen the news tHat night and were held like hostage for more than our regular shift and felt like we're criminals.


Our sales policy is kung probation ka, 10 activations ma meet mo every month or else may warning ka kase pag dika naka quota 2 consecutive months they will terminate you due to poor performance. 15 activations naman pag regular ka na. I was regular march 17 at malinawa sa contract na after you get regular 15 activations quota mo pero after ako na regular on that month nag declare sila na 15 na ang activations lahat(regular and proby). When the month ended my activation was 13 whih exceeded my 10 activation quota. They gave me a citation the following month for failing to meet my quota in march. This is a philippine account and our clients are filipinos. Ang masakit kase tinaasan nila quota ng lahat on that same month(march) na ni-raid kami ng nbi at na broadcast sa lahat ng malalaking media networks and they expect us to hit their immediate changes on the quota, all our leads were able to watch the news and it was really hard but we were able to reach our quota of 10 activations at least. My second warning was unathaurized calls which everyone in the phl committed exceptfor two people. One of them were salary deducted of 7,000+ because she committed 900 mins of call. We use voip and company is not paying our outbound calls per minute or per call to our leads and clients. They sent an email about that policy stating the penalty of $2000 per unauthorized call and they revised that penalty down to 50cents/min equivalent to 20pesos/min immediately on same day nalaman ang nangyari.
16 of us commited and paid itbut I was the terminated after they gave me 5 days to explain and said that they might just transfer me and our boss will talk to me which is a normal process to them but instead after 2 days I submitted my explaination the admin head talked to me and with us is the hr manager who just acted like a witness in the conference. The foreign boss were not there and they gave me the decision of dismissal. They know (hr and admin head) that I worked hard and I even go to work in weekends to call clients and leads and never did they hear a complain if we are mandated an Overtime on the last day of the month to reach the team quota until midnight. Our work starts 9.30am and our supervisor is forcing us to do unpaid OT in a week before month ends and the last day of the month. I was dismissed and just agreed na bigyan nila ako na dapat kung makuha kase ginampanan ko trabaho ng maayos at magpasok ng pera kapalit ng sahod ko. Tinanggap ko na lang ang backpay at binigyan ako ng 1 month salary on top sa backpay, tinanggap ko at pumirma ako dahil parang sa sarili ko mahirap na magpatuloy na hindi maganda tingun ng biss mo sayo at sa lahat.

Mga tanong ko po:

1.) Tingin ko kase na anticipate na nila ang pag sara ng account kase tinanggal nila ako the same month nag close ang account at di lang ako ang nag commit ng mali. Pwede ba nila akong tanggalin agad as a regular employee without ff the due process na dapat sana dadaan pa ng ng verbal or final warning kase 2 written warnings ako at di dumaan sa suspension at proper channeling.

2. Tama po ba na ipatupad mo ang isang pagbabago sa quota ng mga ahente sa parehong buwan? Di po ba dapat effective ang changes lalo na sa metrics ng sales quota on the following month. 3rd week na nila in-announce ang bagong quota at anim sa 18 agents ang nagka written warning dahil sa poor performance which naka meet at lumagpas pa sa quota na 10 activations kasama ako na naka 13 which is my 1st time to fail to meet kase biglaan nilang pinalitan ang sales quota.

3.) May batas po ba na ma void yung agreement ng dismisal ng employer?

4. Tama ba yung due process ng dismissal ko?

Napaikli na po yan pasensya kase mahaba pa rin.

5. Meron pa po ba akong magagawa?

View user profile

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