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Suspension and Termination

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1 Suspension and Termination on Wed May 24, 2017 3:05 am

lservano


Arresto Menor
Hi,

Call me John, I am working in a BPO company, and I just want to ask legal concern, I was suspended for three day from my current employer without me knowing or without any admin hearing from HR. thisbis becouse of tardiness and absences which gives me penalty points. We are only allowed to have 20 penalty points and morethan that will lead us to termination, honestly I have 80 points total which include tardiness, absences and over breaks. I was given Verbal warning, written warning, Final written and Final warning, take note this is without issuing any hard copy to sign of said warning. I had answered my final warning thru email since the account is financial and the company implemented a paperless policy, so the Notice to Explain (NTE) was sent to me thru email and answered it back thru email aswell.(note: this is without the presence of any HR representative, just me, supervisor and my manager). at the following month around September of 2016 I had received a forwarding email from my supervisor telling me my schedule suspension for three days in which the status is pending meaning the dates are not final. Last November, 2016 I had received again an email for the rescheduling of my suspension which November 23 - 25, 2016. Again, this is without admin hearing or talking with HR Representative signing an agreement for my suspension, this is just between me, my supervisor and team manager. I would like to ask, is it right for me to be suspended without admin hearing or HR talk for me to know my grave offens or to know on what is the suspension is for? Is it right to be suspended without NTE or sign-off papers from HR?It was communicated only thru email about the suspension dates where the status was pending. Can I file a case for this to NLRC? If yes, do I have to present some proof that everythis was communicated thru email?

Sir/maam, I need your legal expertise about my concern and I will appreciate your immediate response. Thank you!

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2 Re: Suspension and Termination on Wed May 24, 2017 3:57 am

council

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Reclusion Perpetua
Why bring this up only now if you have issues as far back as September 2016?

And why bring it up here? Have you not talked to your HR before?

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3 Re: Suspension and Termination on Wed May 24, 2017 11:41 am

Jadis

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Reclusion Perpetua
1. You admit that you have been absent, right?
2. You admit you already incurred 80 points, SIXTY whole points over what is acceptable, right?
3. And you know that going over 20 points could lead to possible termination?

Seriously, why are you still complaining? You know that you have incurred more points than that allowable, and you are still in their employ. Should you not consider this a second chance given three times over?

If you know the policy, and you know for yourself that you have violated the policy, and you have been notified via email of these violations and were given a chance to explain why you violated the policy, it is still up to management whether they will retain you in their employ.

A chance to explain does not necessarily mean that a formal hearing is conducted, where there are witnesses present and what not as though you were in a court of law. It just simply means that you were notified of the charge, and you were given the opportunity to be heard.

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4 Re: Suspension and Termination on Wed May 24, 2017 11:41 am

lservano


Arresto Menor
actually that was just an example, the truth is all of those scenarios was happend this year way back March to now, I was suspended without any hiring with HR or anything aside from those NTE that was issued to me prior to my suspension. I received an email last April telling me that I have a pending schedule for suspension which is originally dated June 13,14 and 15, 2017 and it was rescheduled dated May 23, 24 and 25, 2017.

Maam/sir I need your expertise..please give me some advice on what legal action I can do with my current employer. Should I have to talk to HR or I can go to NLRC to file a case?

Thank you for your immediate response.

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5 Re: Suspension and Termination on Wed May 24, 2017 11:45 am

Jadis

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Talk to HR because to be honest, you are not blameless in this. Even if you file a case against them, you might just be wasting your time.

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6 Re: Suspension and Termination on Wed May 24, 2017 11:57 am

lservano


Arresto Menor
Hi jadis,

Yes you have a point on why should I not consider the chance that was given to me by keeping me still as their employee even I have more than the allowable penalty points. But my point is, do they have any due process to follow which being provided by labor code, before they suspend an employee given that I have that numbers of penalty points?

maam/sir, thats why I am asking the person whose expert with this kind of scenario, since I don't know what to do.

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7 Re: Suspension and Termination on Wed May 24, 2017 7:58 pm

HrDude


Reclusion Perpetua
lservano wrote:actually that was just an example, the truth is all of those scenarios was happend this year way back March to now, I was suspended without any hiring with HR or anything aside from those NTE that was issued to me prior to my suspension. I received an email last April telling me that I have a pending schedule for suspension which is originally dated June 13,14 and 15, 2017 and it was rescheduled dated May 23, 24 and 25, 2017.

Maam/sir I need your expertise..please give me some advice on what legal action I can do with my current employer. Should I have to talk to HR or I can go to NLRC to file a case?

Thank you for your immediate response.

A hearing is not an indispensable requirement for a suspension. A hearing is not mandatory for the implementation of a suspension.

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8 Re: Suspension and Termination on Wed May 24, 2017 8:05 pm

Jadis

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A formal evidentiary hearing is not even required in cases like this. All the law requires is that you be given the opportunity to be heard.

Also for your sake, you might want to read your company handbook again. If it states there that there has to be a hearing before you are suspended (and I doubt that there is such a provision in your company handbook), then tell them that they have to comply with their own handbook. Otherwise, your rights have not been violated.

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