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Illegal Dismissal Vs. Reinstatement

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1 Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 7:10 am

arkyehm28


Arresto Menor
Hello. I humbly ask for any legal advice about my situation. I'm 18 weeks pregnant. I sent a request to my sup requesting schedule change. The med cert was from my OB since my schedule is 1am and mejo critical ung pregnancy. Looks like my suo did not process the process and instead tagged me as AWOL. sept 15, my sup informed me na may term date na ko which is on sept 17 at need ko pumasok. so I did. Sept 20, di ako ulit nakapasok dahil check up ko sa ob. I was advised to have another 7 days bed rest.when i informed my sup about it, sabi nya termed na ko sept 17 pa. so i ask her the details. tapos ngexplain ako thru messenger. tapos nalaman ko, inayos pala nila na mareinstate ako after the termination. Our manager talked to me and sabi na reinstated na daw ako pero mukang lalabas akong rehire. tama ba ung naging process? Do i have the right to refuse the reinstatement and file a case against them? Salamat po.

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2 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 11:58 am

Patok


Reclusion Perpetua
They should not have terminated you without due process. You can file a complaint sa NLRC.

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3 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 1:37 pm

arkyehm28


Arresto Menor
As per my sup, ngsend daw po sila ng rtwo last sept 5, pero wala ako narcv. Conssistent naman po ung communication namen ng sup ko. Pero ndi nasabi sken na may rtwo na.

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4 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 4:18 pm

lukekyle


Reclusion Perpetua
if you are not working for them why would they send a rtwo?

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5 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 8:46 pm

arkyehm28


Arresto Menor
sept 17 daw po ung term date ko. from sept 1, na ngsend ako med cert requesting tp change my sched, ndi na po ako nakapasok. so they sent daw rtwo.

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6 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 11:21 pm

lukekyle


Reclusion Perpetua
if they can prove it, unfortunately walang kang laban. They only need to prove na pinadala nila, hindi kelangan iprove na natanggap mo

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7 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 11:24 pm

arkyehm28


Arresto Menor
regardless po ba un kahit may constant communication kami ng sup ko. and db po dapat may hearing after ng rtwn?

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8 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 11:27 pm

lukekyle


Reclusion Perpetua
yes but ang sasabihin nila is hindi ka nga nagreturn to work, pano magka meron ng hearing

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9 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 11:36 pm

arkyehm28


Arresto Menor
May nabasa po kasi ako.

In case of termination, the employee must be personally served with notices (notice to show cause and notice of termination). Ideally, this should be done by personally handing a copy of the notice to the employee concerned. However, if this is not possible, the notices may be served on the employee’s last known address either by ordinary or registered mail.

If the employee refused to receive notice, the employer must serve the same by registered mail at his last known address.

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10 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 11:38 pm

arkyehm28


Arresto Menor
Im actually asking for a copy of the rtwn and notice of dismissal sa manager ko, irerequest pa daw po nila sa case management.

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11 Re: Illegal Dismissal Vs. Reinstatement on Mon Sep 25, 2017 11:40 pm

arkyehm28


Arresto Menor
ung reason po ba ng termination na awol is enough kahit ndi ako nakakapsok dahil hindi nila pinalitan ung schedule ko? kahit may medical certificate na.

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12 Re: Illegal Dismissal Vs. Reinstatement on Tue Sep 26, 2017 7:46 am

HrDude


Reclusion Perpetua
arkyehm28 wrote:May nabasa po kasi ako.

In case of termination, the employee must be personally served with notices (notice to show cause and notice of termination). Ideally, this should be done by personally handing a copy of the notice to the employee concerned. However, if this is not possible, the notices may be served on the employee’s last known address either by ordinary or registered mail.

If the employee refused to receive notice, the employer must serve the same by registered mail at his last known address.

In your case, personal serving is NOT possible kasi nga hindi ka pumapasok. And the action of the Management to send to your last-known address the RTWO is but LEGAL.
And your actual receipt of the memo is immaterial as the requirement of the law is completed.

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13 Re: Illegal Dismissal Vs. Reinstatement on Tue Sep 26, 2017 7:50 am

HrDude


Reclusion Perpetua
arkyehm28 wrote:ung reason po ba ng termination na awol is enough kahit ndi ako nakakapsok dahil hindi nila pinalitan ung schedule ko? kahit may medical certificate na.

Yes, that's enough reason. You should have disputed the matter but you did nothing and went on AWOL.

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