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AWOL for more than a month Employee now filing for Illegal Dismissal

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adc


Arresto Menor
Good afternoon to all po.

I have a problem sa uncle ng boss ko where I work as an HR assistant. The uncle was suspended for 30 days with warning of termination at any cause. Then when the suspension ended, nagreport na ulit si uncle. But after a few days, half-day na lang sya pumapasok daily and absent pa without informing the HRD. When our manager talked to him, hindi na sya nagreport sa work. AWOL sya from Nov. 16, 2010 pa. Since uncle sya ng owner, pinabayaan na lang namin sya. Pina-compute na lang ng boss ung 13th month pay and no. of days na di nya pinasok para maibigay sa uncle. Just yesterday, nalaman po namin sa boss namin na hindi nya tatangapin ang pera and that he will file an illegal dismissal case sa Labor. Questions ko lang po:

1. May karapatan ba syang magfile ng illegal dismissal?

2. Is he entitled to receive separation pay?

3. Dapat pa bang bigyan sya ng backwages nung hindi nya pinasok na days?

4. Wala naman po kaming ipinadalang kahit anong letter or notice so papanong illegaly dismissed sya?

I hope you can help me sa mga queries ko. We are being blamed po kasi for what happened.

Thank you so much in advance and God bless.
Anika

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attyLLL


moderator
1) any employee may question his termination even if he is wrong

your remedy is to argue that he has not been terminated at all, and that he is welcome to return any time. be prepared with what proof you can present such as return to work order or tender of payment of salary.


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adc


Arresto Menor
attyLLL wrote:1) any employee may question his termination even if he is wrong

your remedy is to argue that he has not been terminated at all, and that he is welcome to return any time. be prepared with what proof you can present such as return to work order or tender of payment of salary.

Thanks so much for the speedy answer Atty. More power and God bless.

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resjudicata


Arresto Mayor
I concur with Atty LLL, any employee can file a complaint against his employer, but the question is, will it prosper? Under regular circumstances, complaints of this nature is usually entertained by the LA or RAB with dispatch, i.e., it is immediately raffled and assigned to an LA.

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