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Illegal dismissal?

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1 Illegal dismissal? on Fri Jul 07, 2017 2:03 pm

mkljnmd27


Arresto Menor
Hi! My name is Arianne Tapoc, 28 from caloocan city. I worked in a BPO company since march 6 2017. My contract for probationary period is from march 6 2017 until sept 2 2017. I am pregnant and my company knows about it. Last june 2017 I was always absent due to sickness. Since I am pregnant I wasn't able to take any meds asap and I provided medical certificate for each absences. Because of that, i failed to passed the ecoscore and the qualification for regularization. Last june 30 i already inform my TL that The obgyne advise me to take my maternity leave but I told to my TL that I will try to go to work until the end of july because I want to improve and passed the ecoscore for july. He agreed. However, last june 4, at around 12:30am, i was called at the hr for a meeting and they inform me that since i did not passed the qualification for the regularization, they decided to terminate me and that will be my last day. (July 4). I tried to explain my side verbally about the reason of my failed scorecard but they did not listen. They keep on telling me that regardless of my sickness and attendance, there will be no consideration because i also failed the other metrics. I dont give me any other choice, so i signed the papers.

Now, i heard that, there will be a due process before termination. That I should be given 5 days to explain myself. Do you think what they did was right? To terminate me the same they that they inform me that im not qualified for regularizarion?

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2 Re: Illegal dismissal? on Fri Jul 07, 2017 3:14 pm

mikos23


Reclusion Perpetua
Hi Adrianne,

Just want to make it clear, is this a termination for due cause or termination due to poor performance during probationary period.

Termination for due cause, usually when an employee is regular, the employee is given a notice to explain his side for a "probable" violation of a policy. The employee is given 5 days to explain his/her side of the story.

Termination for poor performance during probationary period. As long as there is a clear set goals. KPI, KRA that you must meet during your probationary period, you are regularized. However, should you fail any of those "metrics" the due process for the Company to terminate the Probationary Period is to give the employee 1 month notice, which is what they have done. They inform you June 4, and your last day is July 4. The notice of 1 month is for you to look for another company while you still earn.

Hope this helps.

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3 Re: Illegal dismissal? on Fri Jul 07, 2017 4:35 pm

mkljnmd27


Arresto Menor
I'm sorry my mistake. I was informed last july 4 around 1230am that that would be my last day on work. July 4 also. Yes. They are telling me that i did not passed the qualification for regularization because i failed to hit the target for the month of june. Then last july 4 they inform me that i can no longer go to work the following day. Is it legal? Is it the right process? To terminate me and let me sign on that same day? I dont want to sign the papers yet but they keep on telling me that since i failed i need to sign it. They left me without a choice.

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4 Re: Illegal dismissal? on Fri Jul 07, 2017 4:37 pm

mkljnmd27


Arresto Menor
I'm sorry my mistake. I was informed last july 4 around 1230am that that would be my last day on work. July 4 also. Yes. They are telling me that i did not passed the qualification for regularization because i failed to hit the target for the month of june. Then last july 4 they inform me that i can no longer go to work the following day. Is it legal? Is it the right process? To terminate me and let me sign on that same day? I dont want to sign the papers yet but they keep on telling me that since i failed i need to sign it. They left me without a choice.

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5 Re: Illegal dismissal? on Fri Jul 07, 2017 4:37 pm

mkljnmd27


Arresto Menor
And yes. I am on probationary period.

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6 Re: Illegal dismissal? on Fri Jul 07, 2017 7:38 pm

council

avatar
Reclusion Perpetua
ART. 281. Probationary employment. - Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause 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. An employee who is allowed to work after a probationary period shall be considered a regular employee.

There is no notice period required unlike those for authorized causes.

If you fail your metrics that have been discussed with you previously then you may be dismissed. For security reasons, among others, it would not be proper to give you advance notice of your termination of employment, unless it were for authorized causes (retrenchment or redundancy).

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7 Termination of pregnan woman. on Fri Jul 07, 2017 11:36 pm

mkljnmd27


Arresto Menor
Is it right to terminate a pregnant woman just because of failed scorecard during probationary? Even if the main cause of failing in KPI is because of absence due to sickness provided that there are medical certificate presented.

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8 Re: Illegal dismissal? on Sat Jul 08, 2017 7:23 am

mikos23


Reclusion Perpetua
Adrianne,

If you are absent, how can you meet your metrics? Companies do regularized employee who have "satisfactorily" passed the standards they have set. The Company will always look in your performance, and proof of that performance is in your scorecard or metrics. Being absent or being pregnant does not excuse you for failing the metrics, specially in your probationary period. Rarely does a company hire pregnant women because of this (absences) and be glad that they gave you a chance however, you must meet the company standards.

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