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1 WORK HARASSMENT on Fri Dec 05, 2014 9:48 pm


Arresto Menor

Hi I have a series of inquiries I desperately need help with. Please anyone?

1. On a job offer signing, I declared a tax status of M for Married individuals since my status currently that time was that. My wife and I just had a baby on the same event of me starting to work for a different company. Days after I started my training with that company I updated my status from M to M1 and after a month it was successfully updated to the appropriate status but throughout the whole year of 2013 they were deducting M(married without dependent) from my salary. I was only able to find out just before that year ended when I went to HR and asked if I will be able to update my tax status again and they've said my status was updated already and they even showed me the form with the BIR stamp indicating that as of February of 2013 I am M1(married with one dependent). So, I asked them why are they still deducting M and the answer I got was, "we have nothing to do with it, please get in touch with the accounting department" which was just 5 meters away from the HR's office. Cutting to the chase, I started communicating with accounting thru e-mail and they ended up giving me a check with an amount of php6,000 and at the same time they were asking me to sign my ITR. I kindly asked them if they could give me a comprehensive breakdown of the computation as to why they are only giving me php6,000 from all the excess tax they've been deducting from me throughout February of 2013 until year-end for me to believe it only came to that before I even sign the ITR and the answer I get intrusively from the director of the accounting department was, "the refund given to you and the ITR is correct, if you do not sign it there will be a penalty of php2,000 which we will not shoulder".

2. On the duration of my wife's second pregnancy sometime between April and May of 2014, She almost had a miscarriage. A specialist issued a Medical Certificate relating to it and that she needed to rest for her recovery. I immediately informed my immediate supervisor thru e-mail that I will be away for a few days to attend to my wife's condition. Out of all the days that I was not able to go to work I missed one day to inform my supervisor that I will still not be able to come to work due to unforeseen circumstances but every single day I was able to do so. When I came back to work I was issued a Correction Notice notifying me that I have disobeyed one of the company's policy by not informing on a daily basis relating to that one particular day I had missed. I was given a chance to explain myself thru that Notice along with the hard copy of the Medical Certificate stating my wife's condition which I also sent a soft copy thru email the first day I had informed my supervisor, I submitted it back and kept a copy for myself. 2 days after I was served a Correction Notice another Correction Notice was issued to me from a Past Supervisor indicating another No Call No Show violation stating that they had discovered an issue which shows a date going back about a month before my wife's Miscarriage incident when I was still under that other supervisor's team. Funny is that, the 2nd Notice shows a date prepared 6 days before it was served to me which by count falls to a day that I was able to inform my immediate supervisor that I cannot come to work still and I notified them a lot earlier from my scheduled log-in. By company policy an employee given a Correction Notice have 5 - 7 days to be able to explain themselves before judgement. I talked to that supervisor which now is not working with the company anymore, asked her of the prerogative why is she issuing me that memo and by an unfortunate reason that cellphones are not allowed inside production area I wasn't able to record the conversation that time but that conversation revealed that she was asked by my present supervisor to issue that Correction Notice to me after issuing me one himself. I had filed a complain with the Director of HR stating all details but I never got any response from her. I CC'd the accounts program director, operations manager and both of the TL's on that email complaint which then created an issue between me and my present supervisor that time. My present supervisor that time asked me to give back all the copy of my notices to them but I did not give it back, I kept all of it and even the 2nd notice that came from the other supervisor(which I haven't signed yet) for evidence purposes or until the case was cleared. If I had signed the second notice, do I have a reason to believe that the connivance between them was a plan to get rid of me and would then have automatically progressed my supposedly Disciplinary Action coming from the first Notice to a Suspension or Termination? Since a No Call No Show case as per Code of Conduct, if violated would progress from a Final Written Warning to a 3-day Suspension then Termination. I think they wanted me to be suspended so that they can easily terminate me if in case another unfortunate situation would then push me to a choice of rendering absence? The Operations Manager talked me out of just letting it go and continue working with them for the sake of my family(and that operations manager was just recently terminated) in exchange to him voiding the 2nd Correction Notice served to me. So, I let it go and decided to continue working with the company. The company also has a policy that within 7 calendar days a supervisor is to issue a Corrective Action Report(the follow up from the correction notice) to that employee served with a Correction Notice if validated and decided by HR to have allegedly violated that policy if failure by the supervisor to do so then the supervisor whom served the Correction Notice at first is the one subjected to a Disciplinary Action. My present Supervisor violated that policy because He served me the Corrective Action Report after almost a month and of course the HR would also be behind it since they are the ones validating it. The Corrective Action Report says I had been allegedly proven guilty of violating the Company Policy even after explaining myself with a valid document and after all the issue. Since maybe I merely let it pass by? I had signed it to avoid any further argument and since it was just a Final Written Warning.

3. I was asked to sign a Correction Notice followed right after with a Corrective Action Report stating I am subjected to a 3-Day Suspension because I came a little late for work on a Rest Day Overtime and so I was Suspended for 3 consecutive days after signing it.

4. Our Company Policy about Medical Certificates on the employee's sickness clearly indicates that an employee who is absent because of sickness must present only a Medical Certificate upon coming back to work for an absence less than 4 days or within 48 hours after the incidence if the absence is anticipated to be more than 2 days. If the absence is more than 4 days then the employee must consult the company's physician before coming back to work or present a Fit to Work Medical Certificate issued by a specialist relating to a specific disease or sickness other than the first Medical Certificate sent thru email, fax or brought by a representative within the 48-hour time frame. I acquired Amoebiasis sometime Mid-August of 2014, I was absent for 1 day but I was able to inform my supervisor beforehand with a soft copy of a Medical Certificate/Discharge Notice thru email and told him I will come to work half-day on the following day. When I came to work I was sent home since I only had a hard copy of the Medical Certificate/Discharge Notice and I was told that I was supposed to be terminated already. My supervisor sent me home and told me that I can't come back to work unless I am able to present a Fit to Work Medical Certificate issued by a specialist for a day and a half absence. In result, since the time I was sent home was a day apart from my rest days and the specialist's unavailability in the hospital near our area my absence extended up to 7 days which undoubtedly would really require me to present a fit to work upon resuming for work even at the first place I wasn't supposed to. My sick leaves had already ran out that time so I couldn't file my absences as sick leaves leaving me unpaid and broke.

5. I had filed a Paternity Leave with the HR in advance and was approved immediately. I was told by my supervisor that consuming the Paternity Leave for whatsoever reason before my wife gives birth will result to an unexcused absence and that I will be subjected to a Disciplinary Action which then added more pressure to me worrying about the situation of my wife's condition and of course finances being an expected father anytime soon after that conversation. I was told that for example if I had consumed my Paternity Leave 3 days before my wife gives birth then that 1st 3 days would be not just unexcused but without pay and will progress any current sanctions I have to a higher one.

6. Shortly after giving birth my wife fell onto a sickness. She was examined by her Physician and was asked to Bed rest and that she needed medical attention. She was prescribed to a variety of medication required to be taken continuously until her next check up a month later. I had to attend to her needs intensively and replace her role through the household matters. I had asked for her Medical Certificate to say as 20 days of rest only because I wanted to come back to work as soon as I can but later on I had realized the reason which why her next check up was supposedly a month later. It is because she was really required to rest for at least a month for her recovery. Her Medical Certificate was issued October 27, 2014 and her next check up is November 27, 2014. I informed the company and requested for a Leave of absence for 1 month starting from the date the Medical Certificate was issued to be able to take care of my wife and children and I kept a moderate flow of communication with them thru email to be able to explain each situation. I had explained to them that my wife needed attention for a month though the Medical Certificate only says 20 days or until November 16, 2014. I was aware that the company reserves the right to investigate to verify any sort of documents from the Person of issuance to be able to find out if valid or not or if there was anything else that they were missing so I willingly informed them of what happened, that the 20 day period was just my mistake, that she was required to rest for at least 31 days and that they are welcome to call or talk to the Physician for further verification. We were not able to attend her check up on the 27th due to unforeseen circumstances and it was moved to December 01, 2014. As of December 01, 2014 a Medical Certificate was issued to my wife's name stating that she will be Fit to Work or is already allowed to be on her own again starting December 10, 2014. Today December 05, 2014 I receive an email from HR for a Notice of Admin Hearing dated December 09, 2014, Tuesday 10:00 PM and today is the Payout for the 13th month pay. I was informed by a Colleague that their 13th month pay had already been given to them as of this afternoon but none came to my account. I replied to the HR's email as to why my 13th month pay was held back and yet I get no response. My email was;



If indeed;

"As part of your right to due process under the law, you are hereby formally notified of your scheduled administrative hearing on December 9, 2014 10:00PM, venue will be the Resource - PH - 34 (Conference Room)"


I am considered undeniably still an employee of this company, am I not?

According to your records, I am still under;

Employee Name
****** **

Program / Job Name
K****s V***e – Customer Care Representative

Immediate Superior:
R***l B***n

So, why was I not entitled to a 13th month pay?
Should there be any judiciary reason why an employee that is on leave and has not gone through due process yet may not have the right to such benefit?


Please kindly help me, anyone?

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