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can i still file neglect of duty or incompetence?

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jonjon057


Arresto Menor
hi, i was illegaly dismissed 4months ago. the reason behind is i work with these 6female crews who are not really IT analyst and hell whatever they were doing there but it had affected me sooo much. is neglect of duty or incompetence will guarantee that these 6 females will be terminated if ever i win?

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jonjon057


Arresto Menor
how and where will i file my complaint?

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HrDude


Reclusion Perpetua
How can you say that you were illegally dismissed? The incompetence of others will not affect your complaint.

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jonjon057


Arresto Menor
the illegal dusmissal isca separate case.

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jonjon057


Arresto Menor
the reason why i could not file a complsint while i was still with them is because i was a contractual under an agency. these 6women controls my workload so i

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mikos23


Reclusion Perpetua
where would you file the complaint for negligence / incompetence?

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jonjon057


Arresto Menor
yun nga tanung ko eh. kung sa hr naman nila obviously they applaud whatever these women are doing because all of them are women too. i noticed that 98â„… of tge employees are women

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jonjon057


Arresto Menor
ang big question ko duon kahit tapos ng high school, magtataka kung bibigyan sya ng panis na pagkain. di man lang inisip nung nagbigay kung ano magiging reaction nung binigyan nya. ang lakas ng loob talaga nila as in matapang

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mikos23


Reclusion Perpetua
That is a problem, there is no place to file it because
1) you are an agency employee, and not a regular employee, so mas paboran nila ang regular employees nila
2) It does not guarantee that they will listen to you, and if they did, paboran ulit nila ang regular employees
3) negligence and incompetence doe not guarantee termination

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jonjon057


Arresto Menor
how about habitual negligence of duty and gross incompetence? are you a lawyer? i consulted with other lawyers and they said yes it guaranties termination. andbi can file legal action

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jonjon057


Arresto Menor
heto yung advice nila sa akin dati: you csn raise this as an issue with thier hr only if you have sufficient evidence to backup your claim. if this is ignited as an issue against you, then you can seek legal action, so probably this will be in nlrc. porke agency ka papaboran nila agad employee nila? of course not kung alin ang tama dapar. pero yun nga ginawa nila pwede sila idemanda

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jonjon057


Arresto Menor
wala rin pala kwenta dito puro taga agency din pala mga advisors . yung nga tipong mandudukot dahil may nakitang butas

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jonjon057


Arresto Menor
Neglect of duty, to be a ground for dismissal under Article 282 of the Labor Code, must be both gross and habitual. Gross negligence implies want of care in the performance of one's duties. Habitual neglect imparts repeated failure to perform one's duties for a period of time, depending on the circumstances.Feb

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jonjon057


Arresto Menor
or can i demand that these 6women be terminated should i win my illegal dismissal case?

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HrDude


Reclusion Perpetua
Like what was said. Your Illegal Termination complaint is separate and independent from your complaint with the 6 women. You cannot even demand that they be terminated even if you win.

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jonjon057


Arresto Menor
sila kase ang may kagagawan nun di na lang binanggit nung lawyer yun sa position paper at reply nagconcentrate lang sya sa legal process ng termination, pero balak ko rin talaga magcomplain regarding dun kase it is very questionable bakit napupunta sa higher position kaagad eh wala man lang alam sa IT. at bakit IT ang gusto n ila pasukin?

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mikos23


Reclusion Perpetua
You are right, I am not a lawyer. But most of those who answer here are not lawyers also. Almost all of us are in the HR Profession, having more than 10 year experience in labor relations. As you know, we’re here to help others for free, no charges.

Sa mga comment mo dito, you are saying na walang kwenta mga advisor dito, taga agency... for your info, wala nga taga agency na advisor dito. We are here to give a solid legal advice to help those who are asking, kung may chance ka we’ll all say “GO!!! File mo yan sa NLRC!!!”. But what we are saying to you right now it’s a hard thing to prove and you will only be wasting your time.

Now if you already know the answer because you were already given advice by other lawyers, why would you ask for advice here?

It’s easy to state Article 182 of the labor code on Gross and Habitual Negligence, but proving it is a different matter. Actually, kung ganito lang kadali mag terminate, edi kaliwa’t kanan na din kami mag terminate. Kaso, kami nga, na nasa loob ng kumpanya, marami na kaming mga documents regarding sa performance ng employee di naming pwede basta basta gamiting ang Gross and Habitual Neglect. For incompetence di din basta basta kami makapag terminate dahil dito. If an employee is incompetent, we need to train that employee x number of times and if there is no improvement, then that is where we can terminate that employee.

The way the company would see it is this:

“How can someone like you”:
• bago sa kumpanya,
• agency employee at di regular,
• short term of service sa kumpanya,
• di alam ang business plan, process and needs ng kumpanya

mapapakita na incompetent and neglect of their duty yung 6 na tao? Pumasa sila sa performance appraisal ng kanilang managers at na regular? Pano mo ma kontra yun... mali din ba ang kanilang managers?

That is the way the company would see it.

The reason for my advice was due to many factors that you need to consider. Now if you still feel that you have a chance, go ahead, write a letter to their HR. File a complaint against those 6 women, that they are negligence and incompetent. If they don’t listen to you file a complaint and give it to their top management. But take into consideration of what the company would think, and that the proof that you have would answer such questions.

Good luck

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lukekyle


Reclusion Perpetua
you may make your concerns known to the company as a concerned citizen but whether they listen or not is up to them.

What your "lawyer" friends were telling you is that if the company initiates termination proceedings because of habitual neglect of duty, malamang ma terminate sila. You cannot initiate such a move. You may only "recommend"

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jonjon057


Arresto Menor
@lukekyle wel whatever, so I will have to convince them? or just present the evidence and it's up to them to decide, ang alam ko siyempre totally ignored yan dahil nga kapareho nila na mga corrupt din mga hr nila, hindi ba pwede ito sa NLRC?

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jonjon057


Arresto Menor
I still believe in gthe NLRC/DOLE. Mas credible pa sila

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HrDude


Reclusion Perpetua
It's obvious that you only listen to what you want to hear. So go and file your complaint. Good Luck sa'yo.

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jonjon057


Arresto Menor
hindi dahil ganun, napag isipan ko na kase yung suggestion even befire i posted and it is true thst the hr is also very currupt since bsbae sila lahat ibig sabuhin nun hindi sila gender sensitive. actually uupo ka lang dun sa isang sulok dudumugin ka agad ng mga babae yung mga sabik talaga sa lalaki kase di sila nakakakita ng lalaki buong maghapon dahil babae sila lahat. aalis lang sila kung ipapahiya mo

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arnoldventura


Arresto Mayor
Termination proceedings (disciplinary proceedings) is initiated by the company, and NOT by employees. Basahin mo to, baka lang makatulong sayo para maintindihan mo ang nature ng termination proceedings. https://www.alburovillanueva.com/discipline-suspension-termination

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jonjon057


Arresto Menor
hellow, ask ko ulet, if ever natalo ako tapos nag-appeal ako, babayaran na ba ng employer ko monthly salary habang tumatakbo ang kaso? or sa kabaliktaran, pag ako nanalo sa kaso tapos nag-appeal sila, babayaran na nila sweldo ko habang tumatakbo ang kaso?

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HrDude


Reclusion Perpetua
Kung talo ka sa kaso, kahit nag-appeal ka, e hindi ka babayaran. Talo ka nga e.

Kung panalo ka at nag-appeal ang kumpanya, depende yan. Kung kasama sa hiningi mo at nasa condition ng desisyon e pwede kang bayaran. Pero hindi gagawin ng kumpanya yun. Patatakbuhin nila ang interest nyan hangang umabot sa Supreme Court.

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