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Termination of Employment due to Attendance Infraction ( Training Agreement & House Rule )

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JHUN020681


Arresto Menor
Hello everyone,

I need help with my current situation. I have completed 3 weeks of my training and just about entering the 4th week the Management finally come up with the decision and that is to Discontinue my Probationary Contract effective immediately.

The Training Agreement & House Rules on Attendance and Punctuality indicates the consequence management during training that:

Employees who will be absent for (1) day, they will be required to present a medical certificate or other supporting documents to justify their absence. Otherwise, this may lead to discontinuation of probationary employment.


(2) Unexcused absence and/or (1) instance of No Call No Show during training may lead to discontinuance of probationary employment.

Incurring 2 instances of Tardiness/UT/Over breaks/ misuse of aux withing or 1 instance of 30 minutes whichever comes first during training may lead to discontinuation of probationary employment.

An NTE was issued and I was given (5) days to respond in defense of my infraction. My direct superior told me to prepare explanation and proof of evidence to shed light as to why I was absent for a day. With all the explanation, documentation, Google Map, Google Activity Report and Conversation screenshots presented, proving that I have all the intention to go to work. I was forced to go on leave in order to avoid further Risk.

Administrative hearing occurred and I was given opportunity to explain as to why I was absent for one day. Provided with the explanation, to the point of discussing personal matters just to prove that such infraction is not intended.

Couple of days after, a decision Terminating my Employment has been served effective immediately and I refuse to signed in admission because I am certain Due Process has not been observed.

The NTE is for the Tardiness that I have incurred, and to my understanding was not heard of properly and poorly defended because during the Administrative hearing we focused on discussing, verifying, interpolating, questioning the 1 day absence.

It is with great deal that this matter must be resolved accordingly. I don't know what to do. If the management is religiously following the Attendance Policy, then why I am the only Trainee who underwent such peril. Many of my co-trainee have violated the Attendance Policy one way or the other and I can easily prove that.

All I want is to progress with the chosen career I know I am best at. However, I can tell that my reasons, no matter how compelling, was not given due considerations.

Please, help. I only have 3 days to submit my appeal to the Company's Appellate Division.

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mikos23


Reclusion Perpetua
Just to clarify, 1)your NTE is due to tardiness, and your termination is due to tardiness? or due to the one day absent? 2) Are you really tardy?

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lukekyle


Reclusion Perpetua
1. Of course personal matters will be discussed if they are relevant to why you are late or absent.
2. You cannot question other employee's tardiness or absences. That is none of your concern. (Unless your point is that you are being singled out or discriminated against because of another reason) Then you need to provide proof of that reason. (for example: supervisor wanted to ask you out on a date but you refused. That is why he is singling you out)
3. You cannot question due process. The fact is they gave you a NTE and accorded you time to answer. You can perhaps question the harshness of the penalty for one absence but the fact that it is in the manual would go against you.
4. Lastly if you are finding it hard to compose your appeal using english, use tagalog. You need to be precise and accurate in your letter as any vagueness or ambiguity may be used against you.

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HrDude


Reclusion Perpetua
Assuming that your termination is also based on what is/are stated in your NTE, then there is due process here.

1. You were duly notified of your offense and was given the opportunity to explain your side.
2. You duly notified of the admin hearing.
3. An admin hearing was conducted and you were given the opportunity to further defend yourself.
4. If you 'poorly defended' yourself, it is your fault. TAKE NOTE, in the admin hearing, you may bring with you any representative or counsel to help you. If you did not bring one, that's your right.

-If you have discussed items not related to your case and you answered them, the same is your fault as the same is construed as your approval. And anything you stated can be used against you.

5. There was a decision and as long as there is/are legal basis/es, the same is presumed to be legal.

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