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Compensation for Illegal Suspension

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1 Compensation for Illegal Suspension on Thu Feb 19, 2015 1:43 pm

MissRedRose


Arresto Menor
Hello! I am a regular employee in a BPO company. I was suspended last January, because of my sick leaves for 3 consecutive months (Sept, Oct, Nov) last year. My supervisor gave me a Correction Notice last December and I have explained that the reasons for my absences were not the same and I was able to provide Medical Certificate and Fit to Work from Affiliated Clinics. On January I was on sick leave again but was able to provide a Medical Certificate. And they suspended me from work without pay for 5 days.

I went to DOLE to file a complaint against the company and requested for the 5 days to be paid. We just had a joint conference with the HR and they agreed to pay the days I was suspended. The HR admitted that they were not aware of the Sanction that was given to me and was only informed after they received my complaint from DOLE.

My supervisor had a meeting with the HR and informed me that they will re Issue my Sanction to just a Verbal Documented Coaching.

I am planning to resign from the company due to Bad Fate and Trust Issue with the management. And would like to request for a Compensation due to financial problems and emotional distress that has caused me. The SENA officer from DOLE advice me to file a complaint to NLRC.

Any advice??

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2 Re: Compensation for Illegal Suspension on Thu Feb 19, 2015 2:59 pm

council


Reclusion Perpetua
MissRedRose wrote:I am planning to resign from the company due to Bad Fate and Trust Issue with the management. And would like to request for a Compensation due to financial problems and emotional distress that has caused me. The SENA officer from DOLE advice me to file a complaint to NLRC.

Any advice??


I don't think your case will prosper, and if at all, it will take many months or years for a resolution since you will still have to prove emotional distress.

As to financial problems - your resignation is voluntary so the company has no obligation regarding your financial problems.

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