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Constructive Dismissal

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1 Constructive Dismissal on Wed Sep 30, 2015 8:29 am


Arresto Menor
Hi, good day po.
I need help. I am working in a BPO Company for a year and 4months now.
I feel that I am getting unfair treatment from the Supervisor, whats worse is that the Company Management just approves what the Supervisor says.

1. This year in July, I was given a WRITTE WARNING due to 1 day Sick Leave because of not presenting Medical Certificate when in our Employee Guidebook it clearly stated that 2 or more Sick Leaves require Medical Certificate. Please note that I had a good attendance record and many SL credits available.
2. Come August, I was advised via SMS that I am unfit to work and they will not accept me if I will not preser Fit To Work with xray result because I had a dyspepsia. Which I think was illogical. I was not physically checked by the company doctor when the Supervisor texted me that I cant go to work. There was no valid proof of they conclusion that I was unfit to work.
- When I returned back to work with documents that I AM FIT TO WORK they asked me to use my VL and SL credits for the days that I was out.
- I escalated this to the Company Director but nothing happened. She told me instead that its already a favor for me to use my VL AND SL CREDITS.
- When I return back to work I have been working in a very hostile environment and heard from some of my colleagues that the Supervisor had put me on the bad light with them.

4. I am rendering 30days to leave work because of all these. I have been really stressed out because I am a SOLO PARENT and I badly need a fix income to support my kids. I was out in the office for 2 days due to fever. I did not miss providing notification to the Supervisor. Today, the 30th is payday but I did not get my salary.

I want to escalate this further to DOLE. Please let me know what steps do I need to take and what violation can I can categorize my situation with the company.

I need a lawyer who can help me please.

Also, I want to immediately resign and not wait til October 7, which supposedly is my last day with them but they didnt give me my salary. Is it okay to file complaint when I am already resigned cause I already lost the motivation to work with them since July pa.

Greatly appreciate your help. Many thanks.

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2 Re: Constructive Dismissal on Wed Sep 30, 2015 2:40 pm


Reclusion Perpetua
You can file a complaint with DOLE for constructive dismissal.

And you can have an immediate resignation for any of the following reasons:

An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

1. Serious insult by the employer or his representative on the honor and person of the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

4. Other causes analogous to any of the foregoing.

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3 Re: Constructive Dismissal on Wed Sep 30, 2015 10:02 pm


Arresto Menor
Thank you for your response Sir.

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