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Legal advice on multiple issue with former employer

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Emdee8


Arresto Menor
Good afternoon. I need advise on my case. I resigned from my employer last April 2017. I had a 2 year contract bond with them but I never had a copy of my contract. I rendered the 30 days period. Pero may 3 days ako absent because of flu. I wasn't able to consult a doctor since nurse naman ako and I manage my condition by myself nalang since flu lang naman. When I'm having my clearance, the nursing director, which is the last signatory of the clearance prior to HR, does not want to sign because he's asking for a medical certificate that I don't have. I still have sick leave benefits pero hindi ko na ififile as sick leave since wala nga ako med cert. Anyway, because of that, hindi ako makakuha ng COE and back pay. I consulted the DOLE and we are scheduled for a SENA next week. Eto po mga concerns ko besides the COE:
1. They are making me accountable sa "lost linens" amounting to 100k plus. When in fact hindi naman ako naka-sign sa accountability forms non. The total amount will be divided sa mga resigned employees daw and be deducted sa back pay. Tama po ba na gawin nila yon?
2. Back pay - may habol po ba ako?
3. Training certificates - kasama po ba to sa kailangan nila i-provide saken together with the COE and back pay?
4. May breach of contract po ba on my part?
Thank you and hoping for your kind response.

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Capt Ragnar

avatar
Arresto Menor
How long were you employed from your work? Did you finish your 2 years or below?

I believed, you need to review your employment contract and since sabi mo na meron kang 2 years contract bond, assuming then na meron corresponding amount for you to pay if you did not serve the 2 years contract.

In that case, have patience since you already forwarded the concern to the DOLE and you need a lawyer to back up if you want to pursue your concerns.


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xtianjames


Reclusion Perpetua
1. depende kung may proof sila na maipapakita para mapanagot kayo.
2. malamang na ididispute nila na hindi mo nirender completely yung 30 days since nga may 3 days ka na unpaid leave (unless meron sa guidelines ng ospital na ok lang mag SL ng walang MC)
3. hindi. usually after training binibigay ang certificates kung applicable.
4. oo dun sa pag file mo ng SL na walang MC during your 30 days notice.

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Emdee8


Arresto Menor
^^I worked for 1 year and 4 months so technically hindi ko natapos yun contract. But sabi nga ng DOLE, regardless, they still need to provide me my COE hence the SENA next week.

As much as I want to review the contract, wala sila prinovide na copy sa mga employees, as far as I know. Kahit yun mga mas matagal na saken don, wala sila hawak na employment contract nila.

Tinanong ko lang dito yun ibang concerns ko so when the time comes na maghaharap na, I would know kung may "sense" pa na i-brought up ko yun ibang issues like the linen accountability, back pay and training certificates which they "kept" in their file.

Thank you for your replies. Very much appreciated.

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Emdee8


Arresto Menor
^1. I highly doubt na they have proofs against me cause I never signed an accountability form for that stuff.

2. They don't have SOP regarding sick leaves, paiba-iba ruling nila. Walang doctor na nagbibigay na medical certificate days after being sick. Fit to work meron. And I cannot falsify a document like that just so I can present a MC to them. That's far worst than not having a MC, imo.

3. They don't give the certificates after trainings. They keep it in their files. That's why I'm asking if they are required to provide me those after my resignation. Btw, those are free in-house training.

4. Really?! Breach of contract yon? Even though notified sila during my sick days?

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xtianjames


Reclusion Perpetua
1. kaso pano ba endorsement nyo ng linens sa ospital nyo? from experience after shift may endorsement dapat. anyway check your contract regarding accountability for equipment during your duty.
2. yeah no one will ever tell you to falsify a MC just to provide one. how about your employee manual or contract? usually dyan naka specify yung requirement kahit pa paiba iba yung totoong nangyayari.
3. then it will depend on the company. usually pag binigyan ka ng free training ni company may kalakip na amount ito na magiging payable kay company pag nagresign ka. proteksyon nila ito para hindi sila layasan ng empleyado after nila enhance yung employee.
4. mandatory kasi yung 30 days notice as per the law. oo nagreport ka ng sick pero pano mo mapapatunayan na may sakit ka nung time na yun kung wala kang maipapakita na MC?

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Emdee8


Arresto Menor
^Going 3 years palang yun hospital so endorsement of linens recently lang naging clear. During my tenure, housekeeping lang ang nakakaalam ng nilalabas at pinapasok na linens, which explains bakit ang laki ng losses. Hindi controlled and na-monitor ng maayos. Gets ko what you're trying to say. I'm just hoping though na ma-resolve to peacefully. Cause in the first place, I just want my COE. Thanks anyway for your input on this matter.

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lukekyle


Reclusion Perpetua
1. yes they need to give you COE but pwede nila ilagay sa coe na nagbreach ka ng contract. 2 years ang contract, unless may escape clause yung contract you need to finish it to not be in breach
2. No they are not obligated to give you certificate ng training unless younpaid for it.

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Emdee8


Arresto Menor
Are employment contracts binding if the employee is not given a copy of it?

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lukekyle


Reclusion Perpetua
yes as long as the employee signs it. there is no law requiring them to give you a copy

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lukekyle


Reclusion Perpetua
kaya when asked to sign something, take a pic. para at least alam ko obligations mo

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