Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Forced to work due to miscarriage /Discrimination against women

View previous topic View next topic Go down  Message [Page 1 of 1]

Har14hh


Arresto Menor
Thank you for this opportunity to state our case. My sincerest apologies if I made it in a much detailed (chronological order) instead of a briefer.This may also serve as are hard copy of our complain against Teletech,Novaliches14th of January when i found out that I got pregnant.17th of January,I went to OBY at Medical City (located ground flr.SM City Fairview) and been told by the doctor that there is a 50/50 chance that my pregnancy will pursue.The doctor prescibed me some medicines/vitamins that will help the fetus to hold and was advised to rest for a week. I informed my immediate supervisor about it (followed the companies protocol to call the sickline) however he did not acknowledge it instead pushed and demanded me to come to work and even told me that he will pick me up just to be in the office that night. Due to his persistence,I got stress and bleeded more that night. I was not able to force my self to report for work and still decided to rest cause I really feel the need.18th of January,the following morning i received a text from him stating that he was calling me and I can't be reached and threatened to submitt sanctions against me. That night I was forced to report for work eventhough the doctor strongly suggest that I need to rest for a week for the medicines to take effect. When i was there I bleeded much more than the previous day that's when the company clinic sent me home.We had an agreement after that they will plot my maternity leave provided that I will still call in every day and be in the office physically to process some paper works. Instead of me resting and gaining strengh for what was happening I was there for roughly 1month.As per SSS it'll take 30-40 days for my maternity loan to be processed.24th of January. I went to oby at Commonwealth General Hospital and She declared that it was a completed abortion (not induced) due to excessive non stop bleeding.30th of January, My immediate supervisor informed me that my maternity leave/benefits are all set.13th of March,been advised that my maternity loan is for depositing.30th of March they told me that my maternity benefits got declined by SSS due to lack of (D and C report certified by authorized hospital rep when the member was confined.) I Never been confined,I just bleeded and notified them right away prior to it's submission to SSS.1st of April, I went to SSS (zabarte branch) and them,(SSS) strongly denying that nothing has been filed and NOT declining such priviledge.8th of April, I submitted my fit to work and a letter of recommendation stated that D and C report is not needed and it was just a purely non induce completed abortion and also endorsed them the letter coming from National Labor and Relations Commision. After i handed the letter to the principal respondent he angrily said "pucha ako talaga,ako na nga tong tumutulong" i replied and said that he is the one responsible for his team leaders who provided misinformations.10th of April, i reported back to work from maternity leave. It should have been March 24 but they moved it to April 10.14th of April, MAT 1 and 2 forms has been returned to me simply because as per Teletech Novaliches,SSS only accepts forms filled with black ink.I also found out same day that I was AWOL from January 24 to February 26th which should be already covered by then ongoing maternity leave.In addition, all of my Personal Time Off's has been used.20th of April, They verbally promised to pay me for the dates that they incorrectly tagged me as AWOL plus 5 days pay April 10 to 15th cut off which I NEVER disputed. It was them being proactive to return what is rightfully mine.25th of April,Payday. I Received a payout of 9k and some change in contrast to my estimation of 7k plus 3500 because as per my new supervisor,i can expect to get 1 cut off (7k) and half (3500) plus 5 days of work. It should have been actually 2 cut offs from Jan 24 to feb 26 plus 5 days from April 10 to 15th.26th of April until the 28th Our Operations Manager starting to power tripping while me taking calls asking me to provide a copy of complaint against them filed via NLRC which I already endorsed to them same day that we filed the complain.29th of April We had a scheduled mediation in NLRC weve waited for several hours but none even the company lawyer showed up.Same night me and my co complainant for (constructive dismissal,withholding of wages and deminution of wages such as holiday pay) spoke with the Senior Operations Manager and asked to be transfered to another cluster (team) since we are not comfortable working with the respondents cause we feel harrased.30th of April, Our new operations manager informed me that my maternity loan has been re-submitted and must wait for 15 days to process,been also advised that I am not entitled to get a payout last April 25th due to negligence and false information by my then immediate supervisor.I, Harley together with Ms.April my collegue and co complainant would like to know the possible penalties of the respondents based on what is being stated above and can we also get a moral/nominal damages for all the troubles they caused us?We have a mediation in NLRC this coming monday 25th of May 2015.



Last edited by Har14hh on Fri May 22, 2015 8:49 pm; edited 1 time in total (Reason for editing : Removed contact number)

View user profile

LandOwner12


Reclusion Perpetua
this is long,
i am not very familiar with labor laws,
but i will state my view still.
next time , u can separate a brief introduction, so that others will not be tempted to skip your post.
on your concern,
all your claims should be back up with anything other than words,
if only words, they can be ruled out as "self serving evidences", and if the case were to go up to court, words are just as useless as nothing..if you have nothing to back them up.

Leader and member relationship issues are common where ever you go, they just differ on gravity, frequency and preferences.
and the company will not be totally liable for the damages done by their leaders to those poor members. to some extent, the company can help their employees, but mistakes wrongdoings of certain individuals can not be shouldered by the company as a whole.

good luck on ur mediation

View user profile

Har14hh


Arresto Menor
Thanks for reading my case. I just would like to ask if pwede na ba ako mag resign habang on going yung kaso and yes i have documents as proof like medical certificate text msges payslip and screenshot ng log in’s even ung minanipula nilang log in and log out ko.. What case po ba pwede ifile pag ganito? Is it discrimination ? Diminution of benefts? Unfair labor practice? I have all the proofs po .

View user profile

LandOwner12


Reclusion Perpetua
all three, but once you got your attorney, discuss what is the best option, strongest case you have,
since you can not sue for different case the same wrongdoings...

View user profile

council


Reclusion Perpetua
Hindi pwede ang Unfair Labor Practice since hindi naman kayo unionized. That is a matter between company and Union only.

With proper evidence, you can claim for:

a) Money claims
Non-payment/underpayment of:
1.  wage
2.  Overtime Pay
3.  Night-Shift Differential Pay
4.  Service incentive leave
5.  Holiday pay
6.  SSS
7.  Philhealth
8.  PAG-IBIG

b) Unfair Labor Practice (ULP)

c)  Illegal Dismissal

d) Illegal Dismissal with Money Claims
e) Non-compliance with Occupational Health and Safety Standards

View user profile http://www.councilviews.com

Har14hh


Arresto Menor
Pero pwede n po b ko mgresign kht on going ung kaso? And binigy n po nila sss benefits ko nauna pa ung sena hearing bgo ifile sss ko feb ko p to inasikaso . pwede ko prin b ituloy na dscrimination nlng and diminution of benefits kc kulng pdin ung sa sss eh. Pewede rin po b ung non compliance with occupational health and safety standard?

View user profile

council


Reclusion Perpetua
Pwede ka mag file ng kahit ano, basta mapatunayan mo.

View user profile http://www.councilviews.com

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum