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Termination without due Process any advise? Please

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ineedananswerplease


Arresto Menor
My case is still ongoing and is awaiting for the arbiter's decision from SENA (NLRC)


In this statement :

Probationary employees enjoy security of tenure. This is guaranteed under our law. As provided under Article 281 of the Labor Code of the Philippines in relation to Section 6 (c), Rule I, Book Six of the Implementing Rules and Regulations (IRR) of the Labor Code, the services of an employee who has been engaged on a probationary basis can only be terminated for a just cause or when authorized by existing laws, or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement.

your employer may terminate your services prior to the last day of your six-month probationary period if you have committed any of the just causes mentioned under Article 282 of the Labor Code, to wit: (a) Serious misconduct or willful disobedience to the lawful orders of your employer or his authorized representative in connection with your work; (b) Gross and habitual neglect of your duties; (c) Fraud or willful breach of the trust reposed upon you by your employer or his duly authorized representative; (d) Commission of a crime or offense against the person of your employer or any immediate member of his family or his duly authorized representatives; and (e) Other causes analogous to the foregoing.
Your employment may also be terminated within the probationary period for any of these authorized causes: (a) Installation of labor-saving devices; (b) Redundancy; (c) Retrenchment to prevent losses; (d) Closure and cessation of operation of the establishment or undertaking; and (e) Disease to which your continued employment is prohibited by law or is prejudicial to your health as well as to the health of your co-employees. (Articles 283 and 284, Ibid.)

Nevertheless, we wish to emphasize that procedural due process must be complied with in order to validly terminate the services of a probationary employee. Pursuant to Section 2 (d), Rule I, Book Six of the Labor Code’s IRR, for termination of employment based on just causes, (a) a written notice must be served on the employee specifying the ground/s for termination, and giving him reasonable opportunity within which to explain his side; (b) a hearing or conference must be conducted; and (c) a written notice of termination must also be served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. For termination due to authorized causes, due process is deemed complied with upon service of a written notice to the employee and the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least 30 days before the effectivity of the termination, specifying the ground or grounds for termination



In My Case to make it short we were 13 people from batch 6 (composed of 40 people originally) was hired last October 10,2016, who were taken off of our work without any due process or admin hearing. They just served a notice on the last day of the week which is Friday November 11,2016 our fifth week to be exact. While on the said agreements says after the training period we will be assigned to our respective team, means we pass. And so we were. However company keep on insisting that we haven't reach the fifth week & also terminated us because of absences etc. My question here is is it not valid if you have certificates showing the reason of your absence. As for me my son got confined for a week and so I have to take an absence but I never fail to send a message and inform my supervisor about the reason of my absence. Same goes to my other workmate who was ill due to asthma And was confined.our supervisors never mentioned about our status being in dangered so we thought we were excused at that time since it is a valid reason, now ny question now is company failed to provide proper notice and out of a sudden provided a separation paper. Since we never had an HR talk. We never had Admin hearings too.



If it says: Probationary employees enjoy security of tenure. This is guaranteed under our law.

That procedural due process must be complied with in order to validly terminate the services of a probationary employee. Pursuant to Section 2 (d), Rule I, Book Six of the Labor Code’s IRR, for termination of employment based on just causes, (a) a written notice must be served on the employee specifying the ground/s for termination, and giving him reasonable opportunity within which to explain his side; (b) a hearing or conference must be conducted; and (c) a written notice of termination must also be served on the employee, indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. For termination due to authorized causes, due process is deemed complied with upon service of a written notice to the employee and the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least 30 days before the effectivity of the termination, specifying the ground or grounds for termination



Then Does this mean company have terminated us in bad faith? Because the reasons we have also to counter them is



1. We never get any notice

2. There are people (colleagues with the same batch) who went on absent (for 2 & half days within the training period. REASON " his wife's uncle died" which is not valid at all since a bereavement is only being grant upon regularization or if is excused plus+ (IT MUST BE OF FIRST DEGREE RELATIVE) not by just your husband/wife relative so to speak is person wasn't taken off the work though they stated that a person who went in absent will be taken off during the training . while we were absent after the training period. (CAN YOU SEE THE DIFFERENCE IF THE VALIDITY OF OUR REASON OF BEING ABSENT?) Still this colleague of ours never receive any sanction and still continue working even he got 2 & half absence.

3.another colleague who has been late everyday for an hour or two.



(WE HAVE A POINT SYSTEM)

.25 (15NINS LATE)

.50 (30MINS)

1.75( 1 & 30)

If you inccured 5points its for (termination)

So if this person is late everyday, why on earth she never inccure sanctions and have continue her work?

We still have a lot of reasons

Now please answer me if we have a points here!?

Specially we filed a cased with SENA since its been 3months they never gave our last salary unless we sign the separation paper which we never did.

Second when we got our salary , the company is forcing us to sign a quiclaim paper coming from them if not we won't be able to get our salary this is a form of Bribe. However to get our salary we asked the advice of the mediator he told us that there is no problem signing the quit claim from NLRC since this case is different from another case that we will be filing. So we did sign the quitclaim however we also made a counter affidavit that is written in a paper which states we only signed becos of our salary but this doesn't mean we won't be filing another case. And we signed in it together with the company's HR, then we filed another case again. FYI: first cased file was regarding salary/wages , Now we have filed again for due process and moral exemplary. The company on their reply from the position paper we submitted says we have already signed a quitclaim after receiving a financial assistance ( Financial assistance which is actually our salary) and says that the paper we made as counter affidavit isn't valid since the respondent is not the one who signed? (If the HR signed it which is a part if the company isnt its valid?)



So all of e company stories are fabricated. Any advise please? As the attorney we got looks like doesn't know anything ;(

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ineedananswerplease


Arresto Menor
And one thing po we were just working a month and the real work is just for about a week so how can they evaluate a person kung a week palang ang real worked sa training period naman there were never an issue if absence. And my absence is valid as the clear as the clean water. Since I got medical abstract from the doctor that my son had pneumonia and febrile convulsions. And even the company's HR & Operational manager is aware of it since I even asked for their help regarding the medical assistance from our HMO ( Health and Medical assistance given to all employees.) Bakit ganun?

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Reclusion Perpetua
ineedananswerplease wrote:
In My Case to make it short we were 13 people from batch 6 (composed of 40 people originally) was hired last October 10,2016, who were taken off of our work without any due process or admin hearing. They just served a notice on the last day of the week which is Friday November 11,2016 our fifth week to be exact. While on the said agreements says after the training period we will be assigned to our respective team, means we pass. And so we were. However company keep on insisting that we haven't reach the fifth week & also terminated us because of absences etc. My question here is is it not valid if you have certificates showing the reason of your absence. As for me my son got confined for a week and so I have to take an absence but I never fail to send a message and inform my supervisor about the reason of my absence. Same goes to my other workmate who was ill due to asthma And was confined.our supervisors never mentioned about our status being in dangered so we thought we were excused at that time since it is a valid reason, now ny question now is company failed to provide proper notice and out of a sudden provided a separation paper. Since we never had an HR talk. We never had Admin hearings too.

Oct 10 to Nov 11 is 32 days, equal to 4 weeks and 4 days. Not 5 weeks.

Even if you have reasons for your absences during the training period, such absences may still be grounds for termination of employment due to failure to pass the attendance requirement at that time.

In general, trainees cannot be absent during the training period as any days missed may translate to the employees' inability to catch up with the course.

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ineedananswerplease


Arresto Menor
Hello council then why is my other colleagueexcused?? When he was absent for 2&half days just because of his wife's uncled died? That was during the training period.? Me and my other colleague who filed a cased were absent during the working period already meaning we have finished the training! Besides our reason is due to illness of oneself or the member of the family. Specially to my child who is still 1year old & 6 months at that time I am a mother and it is a serious case that is needed to be attended. So piano mo po ma cclear yun? Nagkaibang case kame the one who went in absent within the training period with unvalid reason is the guy who's excuse is his wife's dead uncle in-law. How come napagbgyan siya and kame Hindi? Kame me valid med cert while siya wala. So pano mo mapapaliwanag yon?

And have I mention earlier "sa training period naman there were never an issue of absence." So Hindi kame umabsent sa training " samantalang ung umabsent Hindi natanggal paki explain ??

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ineedananswerplease


Arresto Menor
Council yung 32 days mo, ung ika Nov 7 pang 5th week na yun.starting October 1 Wink

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6 Force resignation on Mon Apr 17, 2017 2:32 pm

lhexus14


Arresto Menor
Attorneys nais ko po humingi ng advice sa previous job ko po ay pinilit akong mag resign ng aking dept. Head. Hindi po maganda ang trato nya sa akin at nagsinungaling pa po siya na napagusapan na nila into ng manager namen pero nung Naka usap ko po yung manager namen at halatang Di po nya Alam na pinagreresign ako ng aking Dept. Head. Nagpasa po ako sa HR ng resignation letter nilagay ko po ang totoong dahilan pero pilit po nila itong pinababago regular employee po ako attorney sa tingin nyo po ba dapat ko na itong idulog sa dole?

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ineedananswerplease


Arresto Menor
Hi Hindi ako attorney pero in that case bribery na yan dapat idole n na yan whatever reason it may caused still Hindi pwedeng pwersahin ka na magresign unless free will mo mag resign and resignation is being rendered for 30 days Hindi on the spot regular knba? Mga employer talaga gagawin lahat nakapag sinungaling lang

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ineedananswerplease


Arresto Menor
Sorry namissed ko yung regular employee ka MA's Mr laban ka since regular ka na. PRI ano ba ang reason ? Power tripping lang ba? I think you need to seek help with NLRC na not dole

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lhexus14


Arresto Menor
Regular employee po ako mam/sir medyo nagkaroon po ako ng simple negligence sa trabaho pero alam ki na Di naman po to reason para mag resign agad after ko ma fullfil yung suspension ko dun na po ako pinilit ng dept head ko na magresign as per advice na nga din daw ng manager namen pero yun na nga po wala syang alam ngayon po eh tinatakot ako.ng employer na bayadan daw yung bond ko sa company na alam ko naman na Di applicable sa position ko.. NLRC po is sa Quezon ave sir?

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lhexus14


Arresto Menor
Regular employee po ako mam/sir medyo nagkaroon po ako ng simple negligence sa trabaho pero alam ki na Di naman po to reason para mag resign agad after ko ma fullfil yung suspension ko dun na po ako pinilit ng dept head ko na magresign as per advice na nga din daw ng manager namen pero yun na nga po wala syang alam ngayon po eh tinatakot ako.ng employer na bayadan daw yung bond ko sa company na alam ko naman na Di applicable sa position ko.. NLRC po is sa Quezon ave sir?

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Reclusion Perpetua
ineedananswerplease wrote:Hi Hindi ako attorney pero in that case bribery na yan dapat idole n na yan whatever reason it may caused still Hindi pwedeng pwersahin ka na magresign unless free will mo mag resign and resignation is being rendered for 30 days Hindi on the spot regular knba? Mga employer talaga gagawin lahat nakapag sinungaling lang

Bribery? May suhol at palitan ng pera na nangyayari?

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ineedananswerplease


Arresto Menor
Suhol yun DBA pag pnplt ka or pnpwersa ka ?? That's what NLRC told us nung nagsbe kme about sa pwersahang pagpapaourma ng quitclaim saamin so Mali pala ung attorney sa NLRC?? Wink

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ineedananswerplease


Arresto Menor


PARA PO MALINAW SIR SA VOCABULARY MO Smile "THERE IS A WORD PERSUADE" Hindi lang nag ccount ang money for bribe but to persuade someone to act in one's favor ILLEGALY.

bribe
brīb/Submit
verb
1.
persuade (someone) to act in one's favor, typically illegally or dishonestly, by a gift of money or other inducement.
"an undercover agent bribed the judge into giving a lenient sentence"
synonyms: buy off, pay off, suborn; informalgrease someone's palm, fix, square
"he used his wealth to bribe officials"
noun
1.
a sum of money or other inducement offered or given in this way.
synonyms: inducement, incentive, payola; informalpayoff, kickback, boodle, sweetener
"she accepted bribes"

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ineedananswerplease


Arresto Menor
in·duce·ment
inˈd(y)o͞osmənt/Submit
noun
a thing that persuades or influences someone to do something.
"companies were prepared to build only in return for massive inducements"
synonyms: incentive, encouragement, attraction, temptation, stimulus, bait, lure, pull, draw, spur, goad, impetus, motive, motivation, provocation; More
a bribe.

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ineedananswerplease


Arresto Menor
I hope it clear the matter with "BRIBE" ATTORNEY? Smile

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ineedananswerplease


Arresto Menor
@Lehxus:

Ano ba nakalagay sa contract mo sorry ksi I'm not familiar with other rules and regulations ng employer as I am a humble employee myself. The only reason I'm telling this to you is me laban ka. Since you are a regular employee Hindi ba dapat bgyan ka ngbprioer notices like due process kasi base on your story its same as mine the only difference is we weren't informed basta Malang ng serve ng separation paper and unfortunately Hindi pa kame regular but still we are fighting for that due process na Hindi na follow kasi from what I know there should be a due process and an admin hearing that will happen within 30days para ma determine if you are for termination or whatsoever. Have they served you any notices? About your negligence of duty? And what kind if negligence ba? Ksi kahit ang magnanakaw na caught in the act ay Hindi pwede basta basta tatanggalin hanggat walang adming hearing kahit na nahuli na siya. Dapat dumaan sa proseso yan.

Piece of advise let them make their first mive, wag kang mg submit ng resignation letter. Ksi pag ipinilit padin NLA at tinanggal ka then that's illegal dismissal why? Ksi walang due process unless they have some proof of documents na may sign mo. Then that's an issue.. D ka mkakalaban if they have proof of your negligence specially kung habitual. Wink hope this helps again I'm just a regular employee I am not an attorney nor anyone. I also seek for advise which someone can't provide too thanks!

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