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Pending Decision on the Filed NTE

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1 Pending Decision on the Filed NTE on Thu Sep 29, 2016 8:08 pm

myncortez


Arresto Menor
Lat Aug 17 I attended an admin hearing for the NTE given to me for the un-authorized released of stocks. All evidence has been presented to the compliance board. According to them decision for the admin hearing will be available after 15 days. However 1 month has passed but I haven't heard from them. Based on the company policies if there will be an extension on the investigation they will be providing a notice to me. And currently it's been 1.5minths but no notice was given to me. I already made follows up thru email and personal conversations but they always tell that they are conducting further investigation. This has been affecting me psychological Ly and emotionally. In any case can I file a complaint in DOLE regarding the delay that they been doing?
Thanks

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2 Re: Pending Decision on the Filed NTE on Thu Sep 29, 2016 9:20 pm

bestia.nera


Arresto Mayor
I think yes,its constructive dismissal na

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3 Re: Pending Decision on the Filed NTE on Fri Sep 30, 2016 1:39 am

lukekyle


Reclusion Perpetua
are you suspended while the investigation is going on? if not, just continue going about your usual work etc. you cannot force them to finish the investigation if hindi pa tapos. as long as wala naman sanctions na pinapataw wala lang cause for complaint

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4 Re: Pending Decision on the Filed NTE on Fri Sep 30, 2016 4:45 am

council


Reclusion Perpetua
bestia.nera wrote:I think yes,its constructive dismissal na

No

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5 Re: Pending Decision on the Filed NTE on Fri Sep 30, 2016 4:47 am

council


Reclusion Perpetua
myncortez wrote:Lat Aug 17 I attended an admin hearing for the NTE given to me for the un-authorized released of stocks. All evidence has been presented to the compliance board. According to them decision for the admin hearing will be available after 15 days. However 1 month has passed but I haven't heard from them. Based on the company policies if there will be an extension on the investigation they will be providing a notice to me. And currently it's been 1.5minths but no notice was given to me. I already made follows up thru email and personal conversations but they always tell that they are conducting further investigation. This has been affecting me psychological Ly and emotionally. In any case can I file a complaint in DOLE regarding the delay that they been doing?
Thanks

You asked, and they answered - that's enough for "notice"

No case.

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6 Re: Pending Decision on the Filed NTE on Fri Sep 30, 2016 6:16 am

bestia.nera


Arresto Mayor
council wrote:
bestia.nera wrote:I think yes,its constructive dismissal na

No

over 30 days na?floating?pwd ba yun?

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7 Re: Pending Decision on the Filed NTE on Fri Sep 30, 2016 6:19 am

bestia.nera


Arresto Mayor
kung suspended ka dapat 30days lang kung sobra na dun dapat babayaran nila yung lampas na araw.

Period of suspension. No preventive suspension shall last longer than thirty (30) days. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker. In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decides, after completion of the hearing, to dismiss the worker.

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8 Re: Pending Decision on the Filed NTE on Fri Sep 30, 2016 7:35 am

lukekyle


Reclusion Perpetua
wala pa namanang sinasabi na suspended sya.

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9 Re: Pending Decision on the Filed NTE on Fri Sep 30, 2016 9:01 am

council


Reclusion Perpetua
Sa lahat ng post niya walang sinabi kahit isa tungkol sa suspension.

So it's fair to assume na pumapasok sya at wala pa lang resulta sa kaso.

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10 Re: Pending Decision on the Filed NTE on Fri Sep 30, 2016 9:16 am

HrDude


Reclusion Perpetua
bestia.nera wrote:kung suspended ka dapat 30days lang kung sobra na dun dapat babayaran nila yung lampas na araw.

Period of suspension. No preventive suspension shall last longer than thirty (30) days. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker. In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decides, after completion of the hearing, to dismiss the worker.

You are correct in pointing out the concept of 'Preventive Suspension'. But is there a discussion about the employee being preventively suspended? NO, you are speculating.

Also, for Constructive Dismissal to exist, you must view the entire employment scenario considering all factors, circumstances and incidents surrounding the employment/employee in its entirety and NOT to dwell on a singular incident.

A single act like this one (not giving a decision yet) DEFINITELY does NOT constitute Constructive Dismissal.

Maybe you should talk to a lawyer again and find out for yourself.



Last edited by HrDude on Mon Oct 03, 2016 12:10 pm; edited 2 times in total

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11 Re: Pending Decision on the Filed NTE on Fri Sep 30, 2016 9:21 am

HrDude


Reclusion Perpetua
myncortez wrote:Lat Aug 17 I attended an admin hearing for the NTE given to me for the un-authorized released of stocks. All evidence has been presented to the compliance board. According to them decision for the admin hearing will be available after 15 days. However 1 month has passed but I haven't heard from them. Based on the company policies if there will be an extension on the investigation they will be providing a notice to me. And currently it's been 1.5minths but no notice was given to me. I already made follows up thru email and personal conversations but they always tell that they are conducting further investigation. This has been affecting me psychological Ly and emotionally. In any case can I file a complaint in DOLE regarding the delay that they been doing?
Thanks

It is a right of employees to file a complaint. However, a complaint has to have a basis/es and/or cause/s of action. in this case, you don't have any basis for filing a complaint.

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12 Re: Pending Decision on the Filed NTE on Tue Oct 11, 2016 5:00 pm

myncortez


Arresto Menor
In continuation of this inquiry, I have decided to file a resignation as when I follow up with our head regarding the result of the case He told me that there was already a result of the case filed to me . Knowing it since they will just hand it over to me within the week I already filed my resignation. However today I was informed that all of my benefits were forfeited especially the company's retirement fund as I did not waited for the result. Do you think that the company's reason is valid that result of the case is not yet available and all of my benefits will be forfeited even my boss mentioned that it was ready for release?
Thanks.

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13 Re: Pending Decision on the Filed NTE on Wed Oct 12, 2016 11:51 am

HrDude


Reclusion Perpetua
myncortez wrote:In continuation of this inquiry, I have decided to file a resignation as when I follow up with our head regarding the result of the case He told me that there was already a result of the case filed to me . Knowing it since they will just hand it over to me within the week I already filed my resignation. However today I was informed that all of my benefits were forfeited especially the company's retirement fund as I did not waited for the result. Do you think that the company's reason is valid that result of the case is not yet available and all of my benefits will be forfeited even my boss mentioned that it was ready for release?
Thanks.

Company-mandated benefits can always be withdrawn but must always be exercised in good faith. Government-mandated benefits, however, cannot be forfeited.

Check your Code of Conduct regarding your company-mandated benefits.

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14 Re: Pending Decision on the Filed NTE on Wed Oct 12, 2016 1:06 pm

myncortez


Arresto Menor
yes i checked the code of conduct and it was stated that it will only be forfeited if i resigned during the investigation however i ask one of the compliance board if the result is available and confirmed that it was already available and for release. knowing that i tendered my resignation and ask if it can be immediate. however i was informed yesterday that due to my resignation they will already be forfeiting my company's retirement fund. With the confirmation from the compliance member i think since the result is available so I think i still have the right to receive it. Do you think my perception is right? The admin hearing was last August 17 and it was only October 3 that i found out that the result is available. A formal notice of the extension of the investigation was also not provided to me. I think they also violated something on this as the required result should be 15 days only and if ever they will extend they should be informing me through a letter which they didnt do.

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15 Re: Pending Decision on the Filed NTE on Wed Oct 12, 2016 1:27 pm

lukekyle


Reclusion Perpetua
re yung investagation. Yung timeline (15 days etc) is only set by your company so its very hard to say na ni-violate nila. re sa forfieture, unless you provide yung exact wording terms of your retirement benefit, i would rather not guess as to the validity of its forfeiture

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