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HR Manager: Deeply need Legal Advise

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1 HR Manager: Deeply need Legal Advise on Fri Dec 08, 2017 3:55 pm

gatchajo


Arresto Menor
Hi,

I am an HR Manager having an issue with a fellow Manager.

The scenario is:

Our top management implemented a "Prioritize Regular Employee first" rule and let go of the Probationary and On-call employees.

The manager removed 5 employees (Regular) which by law is not allowed, specially if there was no proper reason provided for the removal.

This caused a big concern for me and my team in the HR Dept.

The order given to all managers is to prioritize our Regular employees and not remove them. If ever the Regular employee is not a performer, they may be moved to another department and not be removed from the company. It was crystal clear for all of us (Other managers).

However the move made by said manager is not in line with the direct order from top management.

I tried my very best to help our Regular employees. I got to find a transferring department for the said 5 employees. However 3 of them decided to resign instead.

This 3 employees decided to resign, however they are demanding for separation pay to be given to them.

I have advised them that they will not be receiving any separation pay because they are not being terminated. I told them also that they will get their 13th month pay and past pay since they have decided to resign.

1 employee threatened to file a case in DOLE. I tried to find a solution to have them stay in the company. However "nagmamatigas siya"

What should I do with the manager who made this mistake? (I pushed for an insubordination case against this manager) Is there anything else that this manager is responsible for?

What should I do with the employees who resigned and also that employee who threatened to file a case in DOLE?

I would deeply appreciate your Legal advise on this concern.

Thank you.

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2 Re: HR Manager: Deeply need Legal Advise on Sat Dec 09, 2017 6:52 am

mikos23

avatar
Reclusion Perpetua
Insubordination is the best case you can file against the manager.

For the employee who resigned, let him file a case against DOLE. Since it is a voluntary or employee initiated separation, then the company is not obligated to pay for a separation pay.

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3 Re: HR Manager: Deeply need Legal Advise on Sat Dec 09, 2017 1:59 pm

gatchajo


Arresto Menor
Hi Sir,

Thank you for your reply.

That is the actual case I filed against the manager. However there are other issues that I have towards this manager. All the staff in their department has a lot of negative comments on this manager and at the same time I see a lot of possible labor cases that the staff can file. Will I be called for the case or should I address the manager that in case a file is set, the manager should be the one to face dole/nlrc?

I have given a lot of advise to this manager already however, unfair treatment to our employees by this manager is still happening. Any suggestion as to how I can terminate this manager? I have recommended the termination twice already however top management is still not pushing for it.

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4 Re: HR Manager: Deeply need Legal Advise on Mon Dec 11, 2017 4:07 am

HrDude


Reclusion Perpetua
gatchajo wrote:Hi Sir,

Thank you for your reply.

That is the actual case I filed against the manager. However there are other issues that I have towards this manager. All the staff in their department has a lot of negative comments on this manager and at the same time I see a lot of possible labor cases that the staff can file. Will I be called for the case or should I address the manager that in case a file is set, the manager should be the one to face dole/nlrc?

I have given a lot of advise to this manager already however, unfair treatment to our employees by this manager is still happening. Any suggestion as to how I can terminate this manager? I have recommended the termination twice already however top management is still not pushing for it.


Of course, when an employee files a case, the case is against the company. Even if the complaint is filed against the manager, the latter is only a private respondent and the same is only acting in his managerial capacity and as an officer of the company. That manager cannot face the complaint, it is the company that should face the complaint.

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