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Legal Termination

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1 Legal Termination on Tue Jan 16, 2018 2:49 pm

SNICKSY


Arresto Menor
Hi Good Day!

I would like to ask if a Company can terminate immediately an employee due to absenteeism without memos has been given to him/her?

Thank you!

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2 Re: Legal Termination on Tue Jan 16, 2018 3:37 pm

lukekyle


Reclusion Perpetua
nope

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3 Re: Legal Termination on Tue Jan 16, 2018 7:23 pm

attyLLL


moderator
there should be a first notice giving the employee 5 days to explain. if he denies the allegations, a hearing should be conducted, and if there is sufficient evidence of the offense and it is warranted, another notice stating the employee is terminated


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4 Re: Legal Termination on Tue Jan 16, 2018 8:46 pm

SNICKSY


Arresto Menor
thank you so much!

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5 Re: Legal Termination on Wed Jan 17, 2018 2:08 pm

SNICKSY


Arresto Menor
Is it possible for just a month the company gives notice or shall we say due process about the absences, those absences that were committed last few months ago or a year ago but they've never issued a disciplinary action/memos upon the absences were committed?

I am hoping for your reply.
Thank you

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6 Re: Legal Termination on Wed Jan 17, 2018 11:18 pm

attyLLL


moderator
if the average is 5-10 times a month, then that can be argued as habitual tardiness


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7 Re: Legal Termination on Fri Jan 19, 2018 12:07 am

arnoldventura


Reclusion Temporal
Yes, they may still discipline you for past absences, so long as due process is observed. Try reading this, I hope it helps you understand better how termination of employment is properly done. https://www.alburovillanueva.com/dismissal-termination-employment

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8 Re: Legal Termination on Fri Jan 19, 2018 3:28 am

zeal182


Arresto Menor
What if the hearng was conducted 3 months ago but the result just came out?

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9 Re: Legal Termination on Fri Jan 19, 2018 6:52 am

mikos23

avatar
Reclusion Perpetua
Still the same, if they observe due process, they are not violating anything

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