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

Illegal Dismissal - Please help me

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

1 Illegal Dismissal - Please help me on Tue Aug 11, 2015 6:05 pm

Blind Woman


Arresto Menor
I was terminated due to Sexual Harassment this August 01, 2015 here in Laguna
The notice of decision was given august 1 and effective august 1 as well.
There were some issues as my cousin from dole affirmed that my employer violates the CODI process.

I tried to research about the CODI and as per RA 7877
COMMITTEE ON DECORUM AND INVESTIGATION
OF SEXUAL HARASSMENT CASES

           Section   7.      A Committee on Decorum and Investigation shall be created in all national  or  local agencies of the government, state colleges and universities, including government-owned or controlled corporations with original charter.  The Committee shall perform the following functions:

(a)      Receive complaints of sexual harassment;
(b)      Investigate sexual harassment complaints in accordance with the prescribed procedure;
(c)      Submit a report of its findings with the corresponding recommendation to the disciplining authority for decision;
(d)      Lead in the conduct of discussions about sexual harassment within the agency or institution to increase understanding and prevent incidents of sexual harassment;

           Localized Committees on Decorum and Investigation established in the regional or field offices, as the case may be, of the agency or institution shall have the same functions as stated above and shall submit the report of investigation with its recommendation directly to the disciplining authority.

           When a member of the Committee is the complainant or the person complained of in a sexual harassment case, he/she shall be disqualified from being a member of the Committee.

           Section   8.      Composition.  In a work-related environment, a Committee on Decorum and Investigation shall be composed of at least one (1) representative each from the management, the accredited union, if any, the second level employees, and from the first level employees, duly selected by the unit concerned.

           In an educational or training institution, the Committee shall be composed of at least one (1) representative from the administration, the trainers, teachers, instructors, professors or coaches, and students or trainees, as the case may be, duly selected by the level concerned.
         
           Section   9.      The agency may formulate its own rules governing the term of office of its members which should not be more than two years, and other matters pertaining to the functions of the Committee not otherwise provided in these Rules.

Kailangan po bang may CODI or the company can bypass the law by investigating me, the erring employee, and the composition are the director of ops, HR manager and HR generalist alone

kung na serve sa akin ang dismissal on august 1 and effective august 1, is this another case po ba sa employeer ko.

View user profile

2 Re: Illegal Dismissal - Please help me on Tue Aug 11, 2015 7:15 pm

council


Reclusion Perpetua
Blind Woman wrote:I was terminated due to Sexual Harassment this August 01, 2015 here in Laguna
The notice of decision was given august 1 and effective august 1 as well.
There were some issues as my cousin from dole affirmed that my employer violates the CODI process.

I tried to research about the CODI and as per RA 7877
COMMITTEE ON DECORUM AND INVESTIGATION
OF SEXUAL HARASSMENT CASES

           Section   7.      A Committee on Decorum and Investigation shall be created in all national  or  local agencies of the government, state colleges and universities, including government-owned or controlled corporations with original charter.  The Committee shall perform the following functions:

(a)      Receive complaints of sexual harassment;
(b)      Investigate sexual harassment complaints in accordance with the prescribed procedure;
(c)      Submit a report of its findings with the corresponding recommendation to the disciplining authority for decision;
(d)      Lead in the conduct of discussions about sexual harassment within the agency or institution to increase understanding and prevent incidents of sexual harassment;

           Localized Committees on Decorum and Investigation established in the regional or field offices, as the case may be, of the agency or institution shall have the same functions as stated above and shall submit the report of investigation with its recommendation directly to the disciplining authority.

           When a member of the Committee is the complainant or the person complained of in a sexual harassment case, he/she shall be disqualified from being a member of the Committee.

           Section   8.      Composition.  In a work-related environment, a Committee on Decorum and Investigation shall be composed of at least one (1) representative each from the management, the accredited union, if any, the second level employees, and from the first level employees, duly selected by the unit concerned.

           In an educational or training institution, the Committee shall be composed of at least one (1) representative from the administration, the trainers, teachers, instructors, professors or coaches, and students or trainees, as the case may be, duly selected by the level concerned.
         
           Section   9.      The agency may formulate its own rules governing the term of office of its members which should not be more than two years, and other matters pertaining to the functions of the Committee not otherwise provided in these Rules.

Kailangan po bang may CODI or the company can bypass the law by investigating me, the erring employee, and the composition are the director of ops, HR manager and HR generalist alone

kung na serve sa akin ang dismissal on august 1 and effective august 1, is this another case po ba sa employeer ko.

It seems the CODI as mentioned above relates to Government agencies and other similar offices.

Private companies may have different compositions of this function.

From my experience, The Ops Director, HR Manager and Generalist would be sufficient to handle the case.

Sino pa ba ang gusto mo sanang sumama sa hearing mo? Pag maraming nakakaalam ng kaso mo, mas hindi maganda para sa iyo.

As long as you are given due process (notice to explain, hearing, decision) then there is nothing you should complain about.

Tama lang na ang decision to terminate has an immediate effect.

Hindi naman pwede na bigyan pa ng ilang araw na pumasok after malaman ng employee na terminated na sya. Otherwise baka kung ano pa ang pwedeng gawin ng employee (paninira, sabotage, etc) sa loob ng opisina.

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

3 Re: Illegal Dismissal - Please help me on Tue Aug 11, 2015 10:15 pm

Blind Woman


Arresto Menor
Ganun po ba kasi nag punta lang ako sa Dole sa calamba laguna to inquire tungkol sa nagyari sa akin so i tell them po lahat nang nangyari and yun ang sinabi nila. Ano po ang palagay nyo sa assessment ng Dole? Kasi nagpatawag na po ang dole ng settlement meeting sa previous employer ko. ayaw ko naman na ituloy ito kung tama ang employer ko pero sabi naman ng dole ay may violations ang employer ko sa process.

until now po eh sobra po ang epekto nito sa akin, emotional, psychological at pati sa moral ko.
di pa rin po ako maka tulog ng ayos. yung mga kasamahan ko eh message ng message sa aking kung ano ang tunay na nangyari at di ko po ma depensahan ang sarili ko about sa issue na yun.

Yung position ko ay pinag hirapan kong makuha pero bigla nalamang nila inalis sa aking,

View user profile

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