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AWOL Employee/Breech of Contract

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1 AWOL Employee/Breech of Contract on Mon Apr 24, 2017 9:28 am

kijikielbsoriano


Arresto Menor
Greetings Atty!

I would want to ask a few questions. How do I go about reporting a person for committing an offense so that the person would have a record indicating such action done?

The story goes, we have some employees who went AWOL. Based on their contract if they would not be able to show for work on a given day, they must inform us about the absence in advance 1-2 days prior. Also if they would like to resign, it is imperative for them to look for a replacement and train them for work. This was clearly stated in the contract which they failed to follow.

I would like to have then reported and have their names marked with the record for the violation they have done so that future employers may be aware of their professionalism in the work sector. Thank you.

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2 Re: AWOL Employee/Breech of Contract on Mon Apr 24, 2017 9:45 am

lukekyle


Reclusion Perpetua
first of all yung clause na "Also if they would like to resign, it is imperative for them to look for a replacement and train them for work." medyo mahirap ma enforce yan. You need a finite number of days to be rendered upon resignation. Hindi pwede yung open ended.

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3 Re: AWOL Employee/Breech of Contract on Mon Apr 24, 2017 9:55 am

kijikielbsoriano


Arresto Menor
I understand that po atty and thank you for the reply! We are actually just a small time business and right after giving the weekly salary of our employees a few of them didn't show up for work and 2 of them were "stay-in" but left the house without notifying us. What we would just want to do is have them be recorded with what they did so that future employers would be aware of what they did. We have been contacting them over the weekend and had no reply via texts and calls. We contacted their families, their relatives told us that they were told they had over time at work and that we told them to stay for the night. But to their surprise they were not at work when we told them there was no such thing! We even have some of our employees who are currently with us to testify. Kungbaga atty, napilayan yung business namen sa ginawa nila. Ang gusto lang namen if they want to leave sabihin nila samen ng maayos at maghanap sila ng kapalit para continuous and operations. May naka lagay sa contract nila na set dates. We were too lenient and we no longer want to tolerate this. Pagka sweldo ng maayos eh lalayasan nalang po kami.

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4 Re: AWOL Employee/Breech of Contract on Mon Apr 24, 2017 10:12 am

lukekyle


Reclusion Perpetua
hindi po ako attorney. Unfortunately no such database exists. You can try to sue for damages although if wala din capacity to pay you wont get any damages

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5 Re: AWOL Employee/Breech of Contract on Mon Apr 24, 2017 12:37 pm

HrDude


Reclusion Perpetua
"Also if they would like to resign, it is imperative for them to look for a replacement and train them for work. This was clearly stated in the contract which they failed to follow."

This provision is UNENFORCEABLE as the same is unjust and unreasonable. Do you mean to say that if the resigning employee has not found any person to replace him or capable person to train, he will not be permitted to resign and he has to work until a replacement is found?
This is tantamount to "Involuntary Servitude". No less than the Phil Constitution bars this. No one can compel anyone to work against his will.

Its not the employee's duty to find a replacement. It's the management duty to do that. I'm sure it is not even included in the job description of the employee to find a replacement and to train.

NOTE: Hindi lahat ng nakalagay sa kontrata ay enforceable. If the same is contrary to law, morals, public policy and is reasonable, It is not enforceable.

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6 Re: AWOL Employee/Breech of Contract on Mon Apr 24, 2017 12:42 pm

HrDude


Reclusion Perpetua
I understand that po atty and thank you for the reply! We are actually just a small time business and right after giving the weekly salary of our employees a few of them didn't show up for work and 2 of them were "stay-in" but left the house without notifying us. What we would just want to do is have them be recorded with what they did so that future employers would be aware of what they did. We have been contacting them over the weekend and had no reply via texts and calls. We contacted their families, their relatives told us that they were told they had over time at work and that we told them to stay for the night. But to their surprise they were not at work when we told them there was no such thing! We even have some of our employees who are currently with us to testify. Kungbaga atty, napilayan yung business namen sa ginawa nila. Ang gusto lang namen if they want to leave sabihin nila samen ng maayos at maghanap sila ng kapalit para continuous and operations. May naka lagay sa contract nila na set dates. We were too lenient and we no longer want to tolerate this. Pagka sweldo ng maayos eh lalayasan nalang po kami.

'BUSINESS RISK' and tawag jan. Kung may magresign o mag-awol dapat handa ang employer jan. Kung hindi pumasok ang empleayado e may mga paraan jan. Mag-issue kayo ng RTWN/BTWO at i-terminate niyo after. No need na tawagan ang pamilya nila o kamaganak. Mukhang kailangan nyo palitan ang manager niyo.

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