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FORCE RESIGNATION. THREAT OF HOLDING THE SALARY.

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lucasmia


Arresto Menor
Hi, I was employed last Sept. 2014. I was about to be a regular employee of the company last March 2015. Unfortunately, an incident happened before my regularization (Personalan to the max). So she decided to extend the contract for 2 months. And then this month came, May 2015. She told me that i was not able to satisfy the standards mainly because of 3 reasons.

1. Attendance
2. Programs
3. Supplies

1. In our company the maximum lates allowed per cut off (8th to the 23rd of the month, vice versa) is only 8. When i checked my records i found out that from March to April (not sure) i only have 4 lates. And from April 26 to May 5 i only have 7 lates.

2. I have evidence that I have planned programs and she is aware of that. I have a copy of the screenshot that last April 16, 2015 I was able to send my proposals unfortunately she did not do anything about it.

3. I also have evidence that from March 5, 2015. I still have the cash slips i requested from the company to buy supplies in a 4 week interval (Every 4 weeks may request at nabibili ko ang supplies)

Then this day happened, I told her last May 18, 2015 that "maghalfday ako mam from May 18, 19, 21 and 22" and she said yes. I got a text message from our colleague that she got very upset since i did not gave her notice regarding my undertime today May 21, 2015. And then my colleague even said that she is threatening me that she will hold my clearance and salary at "magusap daw kami bukas" May 22, 2015 so i told them na hindi pwede yun dahil di pa ko resigned. Then she told me she will file an End-of-Contract tomorrow May 22, 2015 to justify the holding of my salary and clearance.

Question:

1. Can she really hold my salary even if i am not yet resigned? What if she filed an end-of-contract does that mean she can hold my salary on May 30, 2015

2. Can i seek legal help regarding her basis for my regularization since i have evidences against her?

3. What if i know every monkey-business she conducts in the HR Department (Filing of false overtimes, editing time in time out etc.) can i use it against her?

Thank you very much.

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council


Reclusion Perpetua
lucasmia wrote:

1. Can she really hold my salary even if i am not yet resigned? What if she filed an end-of-contract does that mean she can hold my salary on May 30, 2015

2. Can i seek legal help regarding her basis for my regularization since i have evidences against her?

3. What if i know every monkey-business she conducts in the HR Department (Filing of false overtimes, editing time in time out etc.) can i use it against her?

Thank you very much.

1. resigned - No. EOC - yes.
2. need to prove that your proby period has lapsed. anything else won't work.
3. no.

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LandOwner12


Reclusion Perpetua
2. an employer can extend the probationary period, but with the consent of the employee.
this can be done by, giving the employee options.
like..
base sa current status, you failed to meet our expectations, we are willing to give you another chance to redeem your self and do better, for us to re-evaluate if you can be regularized.
if you don't like this option, you can go right now, we are not absorbing you to be part of the team.

if you accept this, then, there is no case to file against probation extension.

make sense????

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