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Trying to force me to resign

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1 Trying to force me to resign on Tue Sep 16, 2014 8:44 am

Lcmoniz


Arresto Menor
Dear all,
I am an Expat working as a coo in a Philippine company, at this moment they want to fire me without all my rights and they said they dont care about that and i need to leave the country with my family until the end of September without any indemnity as what they they are not firing bu we cant work more together , i will be left without money which will be difficult to manage at least until get a new job , can someone of this group help
Thanks

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2 Re: Trying to force me to resign on Tue Sep 16, 2014 11:56 am

council


Reclusion Perpetua
Ask them to document their instruction to you.

Then go to the Department of Labor.

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3 Re: Trying to force me to resign on Tue Sep 16, 2014 12:14 pm

Lcmoniz


Arresto Menor
Thank you for your reply, they are asking to be me documenting everything and asking what i want , per law here in philippines what the rights ?

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4 Re: Trying to force me to resign on Tue Sep 16, 2014 1:17 pm

council


Reclusion Perpetua
Lcmoniz wrote:Thank you for your reply, they are asking to be me documenting everything and asking what i want , per law here in philippines what the rights ?

Due process, as follows:

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.[15] 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.

If they are not firing you, then you can only leave if you voluntarily resign. Check your contract.

Why do they say you cannot work together anymore?

What do they want you to document?

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5 Re: Trying to force me to resign on Tue Sep 16, 2014 3:17 pm

nathancase


Arresto Menor
Dear Admin:


I worked in a BPO for 3yrs and was pirated by another BPO to work at the same account. Now, I have been working for 2yrs for them. However, we were advised that the account I am working on now will be disolve. For this, I and the rest of my co-agent will be transfered to another department in the same account.

But the problem is the HR department and our Team Leader has advise that we to be summon for a HEARING regarding to POOR PERFORMANCES.

The grounds being stated are the following below:

- March and April I failed lost hours which is equivalent to 2HITS.

My reason for these is I was sick last week of March and 1st week of April and have a doctor visit due to sickness.

- May I failed (AHT) Average Handling Time for calls
- June I failed because of 1 detractor survey
- July I got exempted because I was hospitalized
- August I failed because of 1 failed survey.

Each month we are given an Online Coaching which is asked to be sign out before the end of shift. These Online Coaching is due to the performance that we had for the month.

However, these day I was in a HEARING conducted by the HR personnel stating that I am to be TERMINATED because of the poor performances I have in the past few months.

I feel that, this is one way of them to make us leave the company and resign as the account is nearly to be disolved. However, I have no evidence of that ground.

Please advise legal matters... shall I resign ahead of time before the effectivity of the TERMINATION and is the TERMINATION legal?

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