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This is just wrong!!!

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1 This is just wrong!!! on Wed Nov 09, 2016 3:31 pm

KUsop08

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Arresto Menor
• 18th October 2016 – I was called upon by my Senior Operations Manager in a closed room meeting (face-to-face). He started off with a casual conversation, then after he advise me that they decided that they will not renew my contract, advising me that they will end date me on 15th December 2016. He did not mention what was the justification of the decision, as we did not have any KPI’s (Key Performance Indicator). I was in total shock upon hearing the decision. Aside from this my Senior Operations Manager advised me that they decided to change my shift from 7:00AM-4:00PM to 3:00PM-12:00AM which I did not dispute because I did not want to have an unnecessary argument.

• 19th October 2016 – I checked my contract just to make sure, it states that my start date is 16th December 2015 until 31st December 2017. I double checked with HR and HR validated that my contract is until 31st December 2017 (Supposedly, she added.) which sounded fishy. I relayed this information to my Senior Operations Manager in which he responded with “Ok”. No apologies what so ever.

• 24th October 2016 – I arrived at the office at 2:05 PM. A complaint was given to me for HR Policy “Section 9.6, Part V” – Cyberbullying which was provided last 20th October 2016, in which had a couple of screenshots from a Viber Group Chat (But I was advised by HR that my salary for the day was paid in full). HR advised me to come in the next day 25th October 2016 at 9:00 AM – 6:00 PM. The complainant did not even face me during this time.

• 25th October 2016 – I arrived at the office at 9:29 AM. I submitted my Letter of Explanation and had all copies signed received by Mary Joy Castillo of HR. HR advised me to come in the next day 26th of October 2016 at 9:00 AM – 6:00 PM.

My defense indicated in said “Letter of Explanation”
o I am accused of creating/starting/initiating a Viber Group Chat (Private Conversation) upon checking the Viber Group Chat that was included on the Formal Complaint against me the screenshots showed that it was a different employee not me.
o In this Viber Group Chat (Private Conversation), the said Senior Operations Manager is NOT part/member of the group.
o This Senior Operations Manager is claiming that I “Demeans his dignity and as a person for being an officer”, “Violating a person’s dignity, degrading, humiliating or offensive” – The conversation started with “Anu ibig sabihin ng “Pardon Me”?” - I did not comment with such intent.

• 26th October 2016 – I arrived at the office at 9:16 AM. HR handed me, a copy of a letter indicating my “10-day Preventive Suspension” which starts from 26th October 2016 to 8th November 2016. This is to ensure no damages is done to company property as pertained in the letter. I asked permission from the IT Manager to be able to get a copy of my ViberPC folder from my computer to get information in my defense.

• 27th October 2016 – I arrived at the office at 9:56 AM. I was advised by HR to attend the 1st Hearing which should start by 10:00 AM. Hearing started passed 10:00 AM. HR formed a committee to investigate the case. I asked for the presence of the Senior Operations Manager and the lone person that could have given him the Viber private conversation.

• 4th November 2016 – HR sent me a text message asking for a copy of the complete Viber conversation on 20th October 2016, their reason is “We want to the entire convo of the day to see and understand the case”. I needed to think it over because I could not believe that they were conducting an investigation and they do not know how to conduct an investigation.

• 7th November 2016 – HR texted me again asking for a copy of the complete Viber conversation on 20th October 2016 in which they mentioned “Ung data daw na copy mo sa pc ditto un ang isend mo sakin as per IT Manager… delete mo na lang personal messages... this will cause delay on our investigation if wala kami makuha na data. And it might extend your suspension”. I had no choice but to provide them a copy.

• 8th November 2016 – I made a follow-up on the case because I was concerned why it was taking too much time for them to investigate a case. I called HR and HR advised that “None so far… we don’t have a schedule today”. HR also mentioned that they will extend my suspension from 9th November 2016 until 22nd November 2016.



Last edited by KUsop08 on Wed Nov 09, 2016 3:34 pm; edited 2 times in total (Reason for editing : typo)

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2 Re: This is just wrong!!! on Wed Nov 09, 2016 4:14 pm

HrDude


Reclusion Perpetua
You story is too long and yet you don't have any question for us to answer?

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3 Re: This is just wrong!!! on Wed Nov 09, 2016 4:20 pm

KUsop08

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Arresto Menor
Apologies for that... Crying or Very sad I should get paid even though I'm on suspension, right? Another thing, how do I go about the complaint filed against me? It has 2nd-hand information used against me. HR's reason for extending my suspension is because they could not gather more information. The case should just be dismissed in favor me, right?

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4 Re: This is just wrong!!! on Wed Nov 09, 2016 11:13 pm

lukekyle


Reclusion Perpetua
preventive suspension can last up to 30 days, after 30 days they can either let you report back to work or pay you while you are still barred from returning to work. investigation can last however long the company deems it is necessary.

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5 Re: This is just wrong!!! on Thu Nov 10, 2016 5:55 pm

HrDude


Reclusion Perpetua
KUsop08 wrote:Apologies for that...  Crying or Very sad I should get paid even though I'm on suspension, right? Another thing, how do I go about the complaint filed against me? It has 2nd-hand information used against me. HR's reason for extending my suspension is because they could not gather more information. The case should just be dismissed in favor me, right?

1. I should get paid even though I'm on suspension, right? -NO, if you are on Preventive Suspension, based on the doctrine "no Work No Pay", you are not entitled to pay.

2. How do go about the complaint against you? Answer everything, do as told and go with the process. 2nd- hand information or not, you have to go with the process and defend yourself in the proper place and forum.

3. HR's reason for extending my suspension is because they could not gather more information. The case should just be dismissed in favor me, right?
-NO, as Lukekyle stated, Preventive suspension can be for a period of 30 days w/o pay and can still be extended but already with pay.
-Dismissal can only be done at the option of the Management after its investigation.

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6 Re: This is just wrong!!! on Thu Nov 10, 2016 8:35 pm

KUsop08

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Arresto Menor
Maraming salamat po!

So ganun po talaga kahit wrongfully accused using second-hand information.

If gagamitin nila ang full 30-days of Preventive Suspension, ibig sabihin po, from 26th October 2016 hanggang 6th December 2016, tapos 7th December 2016 onwards (even on Preventive Suspension) dapat paswelduhan na nila ako, tama po?

If yung Preventive Suspension ko po umabot sa length ng contract ko (E.O.C - 31st December 2017), dapat paswelduhin po nila ako diba, tama po ba?

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7 Re: This is just wrong!!! on Thu Nov 10, 2016 8:52 pm

lukekyle


Reclusion Perpetua
yes dapat from dec7 meron kang sweldo until dec 31 or until they terminate your contract

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8 Re: This is just wrong!!! on Fri Nov 11, 2016 8:14 am

KUsop08

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Arresto Menor
Maraming Salamat po, @lukekyle! BTW, hinati ang pagrelease nung 13th-month pay po nmin (June/December po dpat)... So, dapat mabigay sa akin po yun diba, tama po diba?

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9 Re: This is just wrong!!! on Fri Nov 11, 2016 8:56 am

lukekyle


Reclusion Perpetua
yes

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10 Re: This is just wrong!!! on Mon Nov 14, 2016 12:32 pm

KUsop08

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Arresto Menor
Applicable po sa akin po ito, anu po? "if the basis for suspension is later proven to be unfounded or invalid, you are entitled for your salary during the whole period of your suspension (Gatbonton vs. NLRC)."

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11 Re: This is just wrong!!! on Mon Nov 14, 2016 1:04 pm

HrDude


Reclusion Perpetua
KUsop08 wrote:Applicable po sa akin po ito, anu po? "if the basis for suspension is later proven to be unfounded or invalid, you are entitled for your salary during the whole period of your suspension (Gatbonton vs. NLRC)."

YES, as do all investigation of admin. You should be entitled to your pay if your are found to be of TOTALLY no fault.

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12 Re: This is just wrong!!! on Mon Nov 14, 2016 3:22 pm

KUsop08

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Arresto Menor
@HrDude... Excellent... Thanks! m3

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13 Re: This is just wrong!!! on Tue Nov 22, 2016 2:31 pm

KUsop08

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Arresto Menor
Currently, ang ginagawa sa akin ng company is installment ang pagimplement nung Preventive Suspension.

* Right ko po magkaroon/malaman kung anu ang progress sa "investigation" nila, diba po?

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14 Re: This is just wrong!!! on Tue Nov 22, 2016 2:31 pm

KUsop08

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Arresto Menor
BTW, anu po definition ng "Threat" sa office?

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15 Re: This is just wrong!!! on Tue Nov 22, 2016 4:08 pm

HrDude


Reclusion Perpetua
1. Paanong Installment ng PS?
2. Yes, my right kang malaman ang progress ng investigation. However, the Company is NOT obligated to give you updates.
3. Threat? Threat is threat. Just get the actual meaning.

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16 Re: This is just wrong!!! on Tue Nov 22, 2016 7:18 pm

KUsop08

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Arresto Menor
Paanong Installment ng PS? ndi po sya biglaang 30-days...

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17 Re: This is just wrong!!! on Tue Nov 22, 2016 7:28 pm

KUsop08

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Arresto Menor
Question po, pag ganito ang complaint:

To HR,

I would like to file an official complaint to about below message that I came across last Thursday, 20 October 2016. To me these words/messages are demeaning to me as a person and an officer of .

Based on the conversations, I believed created and initiated the conversation trail with other members. HIs actions can cause ripple effect among team members to create unnecessary issues if left unresolved by the management.



Viber conversation does not have any negative nor offensive comments from

*** In this complaint, the complainant is pertaining to a viber chat group that he is not part of.
*** Panu po dapat ang mga questions na included sa investigation?
*** Or panu po dapat ang approach sa investigation?

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18 Re: This is just wrong!!! on Tue Nov 22, 2016 11:37 pm

HrDude


Reclusion Perpetua
KUsop08 wrote:Question po, pag ganito ang complaint:

To HR,

I would like to file an official complaint to about below message that I came across last Thursday, 20 October 2016. To me these words/messages are demeaning to me as a person and an officer of .

Based on the conversations, I believed created and initiated the conversation trail with other members. HIs actions can cause ripple effect among team members to create unnecessary issues if left unresolved by the management.



Viber conversation does not have any negative nor offensive comments from

*** In this complaint, the complainant is pertaining to a viber chat group that he is not part of.
*** Panu po dapat ang mga questions na included sa investigation?
*** Or panu po dapat ang approach sa investigation?


I cannot decipher what you want or what you want to say.

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19 Re: This is just wrong!!! on Wed Nov 23, 2016 5:31 pm

KUsop08

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Arresto Menor
Ito po yung complaint nung complainant:

To HR,

I would like to file an official complaint to about below message that I came across last Thursday, 20 October 2016. To me these words/messages are demeaning to me as a person and an officer of .

Based on the conversations, I believed created and initiated the conversation trail with other members. His actions can cause ripple effect among team members to create unnecessary issues if left unresolved by the management.

Note: The complainant is referring to a Viber Group Chat that he is not a member of.

In the complaint submitted there a couple of screenshots, however the Viber conversation does not have any negative nor offensive comments from me.

Question ko po is:

*** Panu po dapat ang mga questions na included sa investigation?
*** Or panu po dapat ang approach sa investigation?

Should the investigative committee validate the source of the information aside from the screenshots not having negative/offensive comments from me?

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20 Re: This is just wrong!!! on Wed Nov 23, 2016 9:00 pm

lukekyle


Reclusion Perpetua
di ko rin maintindihan yung nakapost but re your questions.
1. hindi mo pwedeng pakialaman ang questions sa investigation.
2. approach nino? if sayo just be truthful and respectful
3. if ang question mo is dapat ba ivalidate ang authenticity ng viber messages. yes dapat. but mostly kukunan lang ng affidavit yung nag submit to swear by its authenticity.
4. your last question is confusing. if nahirapan ka pls feel free to use tagalog

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21 Re: This is just wrong!!! on Thu Nov 24, 2016 8:40 am

KUsop08

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Arresto Menor
Pasensya na po...

Kasi po ang reklamo ni complainant ay "I came across" a viber chat group conversation...

*** Ang sa tingin ko na dapat ginagawa ng committee is "panu nag come across si complainant sa said viber chat group conversation" kasi hindi po siya member nung naturang viber chat group.

Maliban po dun, pinagbibintangan niya ako na "ako ang nag create at nagsimula nung naturang viber chat group"

*** Ang sa tingin ko na dapat ginagawa ng committee is "alamin kung cnu tlga ang nagcreate nung viber chat group" kasi hindi po siya member nung naturang viber chat group.

since 26th October 2016, hindi navalidate ng committee yung source and authenticy nung reklamo ng complainant. Lumalabas "hear-say" po siya or "second-hand information" diba po?

ginagamit ng commitee ang huling 10-days ng 30-day Preventive Suspension para tignan ang anggulong ito na dapat noong una pa lang yun agad ang ginawa nila.

Noong tumawag ako sa DOLE, ang kutob nila ay "linuluto" ang imbestigasyon.

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22 Re: This is just wrong!!! on Thu Nov 24, 2016 12:05 pm

KUsop08

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Arresto Menor
BTW po,

sa Preventive Suspension po, pati allowance ay unpaid? or basic salary lang po? or both?

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23 Re: This is just wrong!!! on Thu Nov 24, 2016 3:26 pm

council

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Reclusion Perpetua
KUsop08 wrote:BTW po,

sa Preventive Suspension po, pati allowance ay unpaid? or basic salary lang po? or both?

Lahat unpaid.

Walang trabaho, walang kita.

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24 Re: This is just wrong!!! on Fri Nov 25, 2016 6:35 pm

HrDude


Reclusion Perpetua
KUsop08 wrote:Pasensya na po...

Kasi po ang reklamo ni complainant ay "I came across" a viber chat group conversation...

*** Ang sa tingin ko na dapat ginagawa ng committee is "panu nag come across si complainant sa said viber chat group conversation" kasi hindi po siya member nung naturang viber chat group.

Maliban po dun, pinagbibintangan niya ako na "ako ang nag create at nagsimula nung naturang viber chat group"

*** Ang sa tingin ko na dapat ginagawa ng committee is "alamin kung cnu tlga ang nagcreate nung viber chat group" kasi hindi po siya member nung naturang viber chat group.

since 26th October 2016, hindi navalidate ng committee yung source and authenticy nung reklamo ng complainant. Lumalabas "hear-say" po siya or "second-hand information" diba po?

ginagamit ng commitee ang huling 10-days ng 30-day Preventive Suspension para tignan ang anggulong ito na dapat noong una pa lang yun agad ang ginawa nila.

Noong tumawag ako sa DOLE, ang kutob nila ay "linuluto" ang imbestigasyon.

Walang pakialam ang empleyado kung paano magvalidate o gumawa ng imbestigasyon ang Management. Ang pwede lang gawin ng empleyado ay protektahan ang sarili at tapatan ang mga ebidensya laban sa kanya.

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25 Re: This is just wrong!!! on Mon Nov 28, 2016 9:42 am

KUsop08

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Arresto Menor
@lukekyle, salamat sa "if ang question mo is dapat ba ivalidate ang authenticity ng viber messages. yes dapat. but mostly kukunan lang ng affidavit yung nag submit to swear by its authenticity."

@HrDude, salamat din po sa comment RE: your comment on Fri Nov 25, 2016 6:35 pm. Kaya po ako nagtanong on the latter, kc ndi po nila ma "ivalidate ang authenticity" nung complaint.

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