I'm helping a cousin regarding his case.
He started working in a cafeteria back in June 9, 2014. He didn't sign anything because according to his previous supervisor the contracts which they were suppose to sign got delayed. Until back in early November, he was asked to sign a contract which apparently for his June 9th employment and was said to be a contractual agreement. He then never have signed another one. Until on April 11th of this year, he was allegedly caught giving money to a guard on duty during his shift. (Guards on GY duty are given free coffee stub). My cousin was approached by his manager regarding the incident which he denied. He said it was a coffee stub that he gave and not money. His manager then went out and approached the guard instead and asked him to return the money which my cousin gave him. The guard denied the allegation and he instead showed the coffee stub that was given to him.
My cousin was asked verbally to give an explanation regarding the incident (without being handed with an Incident Report). He wrote a letter of explanation and handed it over to his manager. Then after a few days (April 16, 2015), to his surprise, he got a Memo which states that he is actually being suspended indefinitely effective the next day. Due to forthcoming events, he asked if he can extend for another week since it's his son's baptismal and first birthday celebration which was fortunately granted. So he stayed until April 23rd. On the 23rd, he was asked by his manager to be honest with him and let him know if he has the chance to come back given the fact that the suspension was said to be 'INDEFINITE'. He was informed, that unfortunately, it might not be the case and then asked if he will be given a backpay or separation pay. The manager told him that he can only get one if he tenders his resignation but he said he won't because he said he is not resigning.
My question is, am I right if I say that he should be considered as a regular employee now that he didn't get any termination from his work since November? Though he has signed a contract which says he should be working for 5 month which is already due so the contract should be terminated but not his work because he was allowed to work after the contract has expired.
I've reviewed the Labor Law and found a lot of violations on the part of the company so we have filed a complaint with DOLE and I am reviewing all his legal rights regarding the matter.
Your help is much appreciated.