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Due process for Probationary Employee

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1 Due process for Probationary Employee on Fri Feb 05, 2016 12:01 am

xandy


Arresto Menor
Hi me and my friend stayed in a BPO for 4 months but on Dec 15,2015 we were asked to go to the HR department to submit our missing requirements for background check, 11 am same day they asked us to submit a letter of explanation for AWOL from my previous job, i did told them that I did resign from my previous employer and havent finished my 30 day render because I was bullied by my imediate supervisor in the middle of the HR office while her nearby collegues are working she read my reason and said "eto lang nag AWOL ka" after few minutes of discussing with another manager she said she is now asking her assistant to pull out my 201 and said to wait for my termination paper be printed. I even told the HR manager that I honestly declare my status from my previous company even before I signed my contract to them, she just sent back to my station and my supervisor ask my collegue to log me out, after that they are hand me a resignation letter and force me to sign it they already logged us out even there is still 2 hrs left before our shift ends they said that to just wait for my final pay. I dont have any choice but to do it and since that time I cannot make any good decision i signed it. Dont we really deserve to have a due process since were probi? and is it right that this matter should be discuss infront of other people that are not involve in the said issue? their lawyer is asking for settlement, for the monetary settlement how much should we ask if there is a moral and welfare damages?

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2 Re: Due process for Probationary Employee on Mon Feb 08, 2016 4:57 pm

HrDude


Reclusion Perpetua
1. Dont we really deserve to have a due process since were probi?
YES, probationary employees enjoy security of tenure during their probationary employment and that they can only be terminated for Just and Authorized causes (with due process).
2. Is it right that this matter should be discuss in front of other people that are not involve in the said issue?
NO, however, since the matter has been discussed inside the HR Office, even if in front of other HR personnel, the discussion is FAIR. HR people are bound by confidentiality.
3. Their lawyer is asking for settlement, for the monetary settlement how much should we ask if there is a moral and welfare damages?
I assume that the matter has already been filed with the DOLE. However, exemplary damages can only be in your case. Moral damages are hard to prove and based on your discussion, you have a small chance to be entitled for moral damages.

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