I want to seek your legal advise for a friend. He's recently been employed with a bank as an officer. He finished only 3 years in college. He disclosed this in the application forms of the bank and even gave a copy of his transcript of records. After a few days upon starting, HR called him and is asking him to provide the year of his graduation which he honestly said that he didn't graduate.
This has been an issue for days already and we also made a research on this and this is what we found out from Bangko Sentral ng Pilipinas:
Qualifications of an officer. An officer shall have the following minimum qualifications:
1. He shall be at least twenty-one (21) years of age;
2. He shall be at least a college graduate, or have at least five (5) years experience in banking or trust operations or related activities or in a field related to his position and responsibilities, or have undergone training in banking or trust operations acceptable to the appropriate supervising and examining department of the BSP: Provided, however, That trust officers shall have at least two (2) years of actual experience or training in trust operations or fund management or other related fields; and
3. He must be fit and proper for the position he is being proposed/appointed to. In determining whether a person is fit and proper for a particular position, the following matters must be considered:
- diligence; and
He came from another bank and held an officer rank also (not in trust dept). The HR of the bank before also knew that he didn't graduate. He has enough trainings conducted by the previous bank and has been working for almost 5 years in the similar industry.
My questions are:
1. Does the HR have the right to terminate his contract? On what grounds?
2. What are his rights as an employee?
3. If worst case that the bank terminate his contact, does he have a strong case assuming he will file a case against them?
Thank you so much. Wishing you all the best.