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Didn't finish college - ground for termination of contract/employment?

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ESO


Arresto Menor
Hello,

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:
- integrity/probity;
- competence;
- education;
- diligence; and
- experience/training
---------------

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.

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attyLLL


moderator
i take it you got this from the Manual of Regulations for Banks (MORB) and the Manual of Regulations for Non-Bank Financial Institutions (MORNBFI). I cannot find a copy.

the important question here is what is the definition of officer under banking law. in corporate law, an officer is someone whose position is mentioned in the articles of incorporation such as president and vice president.

someone with a title of trust or loan officer should not be covered by the bsp regulations.

nevertheless, the bank may have regulations as to qualifications.


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ESO


Arresto Menor
Hi,

Thank you for your reply. I got it from here:

http://www.bsp.gov.ph/downloads/Regulations/guidelines/guidelines%20for%20banks.pdf

There is a separate qualification for directors and officers stated there.

Per latest update from the bank, they are having the BSP decide whether my friend is qualified or not. Thank you.

You additional inputs and advice are highly appreciated.

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nestor


Arresto Menor
me bagong open na position, contender ay isang graduate na holder ng CSC prof at may designation as acctg in charge, ang isa hindi graduate, acting as personnel officer pero 2nd yr sa commerce at cultural community eligibility (manobo)na hindi naman siya katutubo. ayon sa RA2260 para sa katutubo from 1959 ten years thereafter lang at na amend RA6040 for another 10 years subalit napromote itong huli 2002 at permanent pa ang item na clerk III na siyang pinaboran ngayon ng opisina.
sa qualification dapat sub prof eligible at 72 units ang prerequisite subalit naging contender ito at siya pa ang lumabas na mataas ang score sa comparative assessment.



Last edited by nestor on Fri Nov 05, 2010 10:20 am; edited 1 time in total (Reason for editing : dagdag facts)

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attyLLL


moderator
nestor, do you have a question? to my mind, as long as a persons is holds all the required qualifications and has no disqualification he can validly hold a position even if there is someone else who may be better.


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