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FOR TERMINATION OR FOR AWOL?

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1 FOR TERMINATION OR FOR AWOL? on Fri May 06, 2016 8:49 am

hr_grace


Arresto Menor
HI,

I'm the new HR in a company, and one of the admin ask me to do some action in a 7 month old case.

we have an employee who has been missing for 7 months. before she left she was charged with qualified theft and pay the half amount of her obligations. under legal advise she was released since the evidence against her was insufficient. however she promised the company that she would pass her resignation, but since then she hasn't shown herself in the company.
the admin were asking me if we should file her as resigned employee or resigned or AWOL. i just dont know what legal action should be made for this case.

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2 Re: FOR TERMINATION OR FOR AWOL? on Fri May 06, 2016 2:42 pm

HrDude


Reclusion Perpetua
hr_grace wrote:HI,

I'm the new HR in a company, and one of the admin ask me to do some action in a 7 month old case.

we have an employee who has been missing for 7 months. before she left she was charged with qualified theft and pay the half amount of her obligations. under legal advise she was released since the evidence against her was insufficient. however she promised the company that she would pass her resignation, but since then she hasn't shown herself in the company.
the admin were asking me if we should file her as resigned employee or resigned or AWOL. i just dont know what legal action should be made for this case.

The proper procedure in dealing with this king of situation is as follows:
1. Send the usual Back/Return-to-Work Order/Notice. In the Notice, state there the antecedent circumstances and the facts such as her promise to submit a resignation letter. Give the person at least 5 days to reply.
2. If the person appear, ask for the resignation letter. If he/she refuses, send her a termination letter by reason of abandonment of work; OR
3. If the person does not appear, terminate her service for abandonment of work also.

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3 Re: FOR TERMINATION OR FOR AWOL? on Fri May 06, 2016 2:42 pm

HrDude


Reclusion Perpetua
hr_grace wrote:HI,

I'm the new HR in a company, and one of the admin ask me to do some action in a 7 month old case.

we have an employee who has been missing for 7 months. before she left she was charged with qualified theft and pay the half amount of her obligations. under legal advise she was released since the evidence against her was insufficient. however she promised the company that she would pass her resignation, but since then she hasn't shown herself in the company.
the admin were asking me if we should file her as resigned employee or resigned or AWOL. i just dont know what legal action should be made for this case.

The proper procedure in dealing with this king of situation is as follows:
1. Send the usual Back/Return-to-Work Order/Notice. In the Notice, state there the antecedent circumstances and facts such as her promise to submit a resignation letter. Give the person at least 5 days to reply.
2. If the person appear, ask for the resignation letter. If he/she refuses, send her a termination letter by reason of abandonment of work; OR
3. If the person does not appear, terminate her service for abandonment of work also.

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4 Re: FOR TERMINATION OR FOR AWOL? on Fri May 06, 2016 5:21 pm

hr_grace


Arresto Menor
thanks atty. this is a great help

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5 Re: FOR TERMINATION OR FOR AWOL? on Fri May 06, 2016 5:34 pm

HrDude


Reclusion Perpetua
Glad to help. But I'm not an attorney. I'm an HR practitioner for 15 years and a law graduate.

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6 Re: FOR TERMINATION OR FOR AWOL? on Sat May 07, 2016 8:23 am

hr_grace


Arresto Menor
Wow. Still I'm glad for your help.

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7 Re: FOR TERMINATION OR FOR AWOL? on Wed May 25, 2016 11:17 pm

Terribleprincess


Arresto Menor
Good evening anyone who can answer me will appreciate

Sinumbong po ako ng so manager ko because hndi lang tally ang computations ko ng sales for the past 3 months and now pinapareport ako sa office but they already accusing me of stealing because of that discrepancy only .
To be honest I steal but i'l make sure evrything is clear .No evidence left .Natatakot lang po ako dahil bka ipitin na lng din nila ako at sabhin malaki ang nkuha ko .Any advice please aaminin ko po ba ? Kahit confident ako na wala akong iniwan na kahit anong evidence just the peace of paper na hindi tally or mali lang ang compute ko but the rest is tally

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8 Re: FOR TERMINATION OR FOR AWOL? on Thu May 26, 2016 9:26 am

hr_grace


Arresto Menor
Terribleprincess wrote:Good evening anyone who can answer me will appreciate

Sinumbong po ako ng so manager ko because hndi lang tally ang computations ko ng sales for the past 3 months and now pinapareport ako sa office but they already accusing me of stealing because of that discrepancy only .
To be honest I steal but i'l make sure evrything is clear .No evidence left .Natatakot lang po ako dahil bka ipitin na lng din nila ako at sabhin malaki ang nkuha ko .Any advice please aaminin ko po ba ? Kahit confident ako na wala akong iniwan na kahit anong evidence just the peace of paper na hindi tally or mali lang ang compute ko but the rest is tally

you should tel them what you have done. hindi ka naman nila aakusahan ng pagnanakaw ng malaking halaga if you really didnt do it. besides kailangan nila ng ebidensya para maakusahan ka, right? just make sure you tell them kung ano ginawa mo at kung paano mo siya ginawa. that way they would know where to draw the line. however you have to suffer the consequences of having loss all the trust and confidence of the company

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9 Re: FOR TERMINATION OR FOR AWOL? on Sat May 28, 2016 11:32 am

rsccompany


Arresto Menor
Hi I m a new HR Staff the Management ask me to write a letter to DOLE for some employee who have been awol for many weeks until to day . those employee is under a training contract with a monetary bond, is it legal to report them to DOLE for being awol in our company?

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10 Re: FOR TERMINATION OR FOR AWOL? on Sat May 28, 2016 11:48 am

council


Reclusion Perpetua
rsccompany wrote:Hi I m a new HR Staff the Management ask me to write a letter to DOLE for some employee who have been awol for many weeks until to day . those employee is under a training contract with a monetary bond, is it legal to report them to DOLE for being awol in our company?

It's not illegal per se, though not necessarily appropriate or required either.

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