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Termination

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1 Termination on Tue Jun 14, 2016 6:30 am

simcity


Arresto Menor
I am an employer. I hired an employee last year.
In the interview, she said she resigned from her previous company. Now, I found out that she did not disclose that she was terminated. What are my legal remedies?

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2 Re: Termination on Tue Jun 14, 2016 7:09 am

council


Reclusion Perpetua
Assuming you have signed and disseminated policies regarding providing false information, you may Terminate her employment (after due process).

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3 Re: Termination on Tue Jun 14, 2016 7:20 am

simcity


Arresto Menor
Thank you for your immediate reply. In our codes of conduct.
Section D6: Falsification of personal and company records either when applying for employment or during employmenr is dismissal.
Can this suffice for the due process for termination?

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4 Re: Termination on Tue Jun 14, 2016 7:45 am

ilovepapa


Arresto Menor
give your employee due notice for the allegations against him/her, have your employee accept the charges against him/her, make a fair investigation and if there is sufficient evidence or substantial evidence related to your employees case, you can now make the proper sanction.

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5 Re: Termination on Tue Jun 14, 2016 8:09 am

council


Reclusion Perpetua
simcity wrote:Thank you for your immediate reply.  In our codes of conduct.
Section D6:  Falsification of personal and company records either when applying for employment or during employmenr is dismissal.
Can this suffice for the due process for termination?

To clarify, the following should be considered in terminating the services of employees:

(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. Reasonable opportunity under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.

(2) After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.

(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.

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6 Re: Termination on Tue Jun 14, 2016 9:03 am

HrDude


Reclusion Perpetua
simcity wrote:Thank you for your immediate reply.  In our codes of conduct.
Section D6:  Falsification of personal and company records either when applying for employment or during employmenr is dismissal.
Can this suffice for the due process for termination?

In my opinion, this particular provision of your code of conduct is NOT applicable. This pertains to falsification of  records. Hence, it involves documents only. You never stated that she falsified a document. You stated that the falsity was given during interview. Hence, the dishonesty was verbally given. Focus on a provision involving dishonesty, gross misconduct and/or fraudulent act.

If a complaint is filed against you, the same may be given consideration for the employee due to technicality.

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7 TERMINATION on Tue Jun 28, 2016 6:26 am

capsule47


Arresto Menor
my manager terminated me forced termination po kinuwenta n yung separation pay ko binigyan ako ng 75% ng buwanang sahod ko per year nka 3 years and 5 months mahigit na ako 14,500 pesos per months sahod ko wala along ot pay di sila nag babayad ng ot ko kaya madalas n I estress ako pag naiisip ko yun nitong huli may narinig sila na nag babalak ako mag abroad kaya nag hire sila ng isa pang mekaniko out of my knowledge na yun na pala ang magiging kapalit ko dahilan lang sa nadinig nila na nagbabalak ako mag abroad... .now mag KANU po ba yung dapat na ibigay nila s akin kasi parang unfair pag 75% lang yun di po ba? ... Sana po matulungan nyo ako kasi sa katapusan na nitong month ang usapan naming terminated na daw ako sabi ng manager nmin

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8 Re: Termination on Tue Jun 28, 2016 8:16 am

lukekyle


Reclusion Perpetua
depends on what grounds ka ni terminate. Its possible na 1month per every year or pwede ding 50% depends dun sa reason na nakasulat

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9 Re: Termination on Tue Jun 28, 2016 12:31 pm

capsule47


Arresto Menor
wala pa nmn po silang binibigay na sulat pinakita lang sa akin yun kwenta ng magiging bayad sa akin.. verbal lang na sinabi na hanggang ngayun katapusan nlang ako.. kasi nalaman ng manager na nag aaply ako abroad .

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10 Re: Termination on Tue Jun 28, 2016 1:22 pm

lukekyle


Reclusion Perpetua
hindi natin malaman if unfair or hindi until malaman natin yung reason. antayin mo nalang. malamang bigyan ka naman ng letter tungkol dyan.

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11 Re: Termination on Tue Jun 28, 2016 1:30 pm

capsule47


Arresto Menor
Bka po kc COE at quit claim nlang yun permahan ko wala pong papel na tungkol sa terminated ako Parang pinalalabas nila na naaawa cla s akin kaya nila ako tatanggalin para raw mka aply ako freely sa abroad

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12 Re: Termination on Tue Jun 28, 2016 1:37 pm

lukekyle


Reclusion Perpetua
if hindi ka na pinapasok at awalang binigay na sulat or rason, pwede ka mag complain sa nlrc

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13 Re: Termination on Tue Jun 28, 2016 2:07 pm

capsule47


Arresto Menor
kahit po ba tanggapin ko yung pera at pirmahan ko yung quitclaim

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14 Re: Termination on Tue Jun 28, 2016 2:50 pm

lukekyle


Reclusion Perpetua
pwede parin pero pag nag complain ka kasi possible ang maging decision ng arbiter ay reinstatement sa trabaho.

Kung yan ang result kelangan mong isauli yung separation pay. If ang decision naman ay separation pay, pagnikwenta nila at ang cause ay yung pang 50% of month, wala ka ng makukuha dahil sobra na yung binigay sayo. If ang rason na pagtanggal ay sa 100% of one month, maari mong makuha yung natitirang pera.

pinakamaganda parin is kung bigyan ka ng rason kung bakit

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15 Re: Termination on Tue Jun 28, 2016 3:11 pm

capsule47


Arresto Menor
ahh thank you po I deserved a reason... tapos malalaman ko na po kung pang 50% o 100% ang kaso ko po?

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16 Re: Termination on Tue Jun 28, 2016 3:32 pm

lukekyle


Reclusion Perpetua
yes, if ang dahilan ng pag tanggal sayo ay installation of labor-saving devices or redundancy = 100% of one month. If ang dahilan ay retrenchment, closure or cessation of business or incurable disease = 50%. if ang dahilan dahil sa a) serious misconduct;b) willful disobedience;c) gross and habitual neglect of duty;d) fraud or breach of trust;e) commission of a crime or offense against the employer, his family or representative, no separation pay.

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17 Re: Termination on Tue Jun 28, 2016 8:29 pm

HrDude


Reclusion Perpetua
Just to add.

Kung ang dahilan ng pagtanggal sa'yo ay ang pagsara at paghinto (Closure and Cessation) ng kumpanya niyo due to 'serious business losses', HINDI ka entitled sa Separation Pay (kahit piso).

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18 Re: Termination Today at 4:02 pm

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