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UNAUTHORIZED ABSENCES_TERMINATION?

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1 UNAUTHORIZED ABSENCES_TERMINATION? on Thu Aug 13, 2015 9:32 am

1delacruz


Arresto Menor
Hi,

Im working in BPO industry and been with the company for 3 years as regular employee. However, my employer issued a notice of decision for the termination of my employment today.

Summary of the incident:
*I was out for 5 days due to some medical related concern
*I was only able to consult a doctor on the 4th day I was out.
*during the 5 days I was continuosly notifying my immediate superior about my status thru sms.
*My managaer tried to contacte me howerver, I was not able to answer my phone during the days I was out.
*my medcert indicates that I need to rest for 2 to 3 days.
*This is the first time I was issued an NTE and decision




Company Take on my absences:
3 days were not valid due to unauthorized absences since I only had myself checked on the 4th day I was out.
there for my case was for termination.


Company's Handbook states:
Absences without proper notice or authorization for two (2) days or more, regardless if it consecutive or intermittent and despite instructions or communication to return to work from immediate superior, shall be considered as Abandonment of Work


Would this be an  illegal  termination? hope you can help me on this.

More power to all of you!

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2 Re: UNAUTHORIZED ABSENCES_TERMINATION? on Thu Aug 13, 2015 10:35 am

council


Reclusion Perpetua
You might have a good chance to win a case here when you file a complaint with DOLE.

It might not necessarily be illegal termination though if they followed due process.

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3 Re: UNAUTHORIZED ABSENCES_TERMINATION? on Thu Aug 13, 2015 8:40 pm

1delacruz


Arresto Menor
@council. Thanks for the help. Im really planning to file a case on this.

since I had gone under nte,hearing and decision. Do you think this case will fall under Constructive dismissal?

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4 Re: UNAUTHORIZED ABSENCES_TERMINATION? on Thu Aug 13, 2015 8:42 pm

council


Reclusion Perpetua
1delacruz wrote:@council. Thanks for the help. Im really planning to file a case on this.

since I had gone under nte,hearing and decision. Do you think this case will fall under Constructive dismissal?

No.

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5 Re: UNAUTHORIZED ABSENCES_TERMINATION? on Fri Aug 14, 2015 5:42 pm

1delacruz


Arresto Menor
Maraming salamat po sa quick response nyo atty. Asked ko lng po under our labor law ano po bang pwd maging kaso ng company ko sa pag terminate sa akin? Thank in advance po.

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