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Force resignation termination no Due process

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1 Force resignation termination no Due process on Thu Mar 29, 2018 6:28 am

Shamsvelasco1026


Arresto Menor
Hi Good day I have a concern. I am working for just 1 1/2 month for fitness gym as Brand Ambassador/ sales assoc.
Currently under construction pa yung club so we do Pre selling and set Booth table within the area of our soon to open club.
Now there is an issue that upon checking on our clients file na pinapalitan yung date of enrollment then kinausap ako sabi ko yes pinapalitan lang namin for the sake na ayaw lang lang namin na walang sales everyday not intentionally but we we(2 other employee) think as a positive.
The forms and cash transaction is declared pa rin and may deposit slips. hindi man sinasabi ng employer na may binubulsa kami pero yun ang lumalabas base sa mga sinasabi nila.
They decide to terminate us pero para hindi DAW pangit pakinggan my employer write a resignation for us and forcing us to sign it with no clear reason in that letter.
Now my Question is : Tama po ba na tanggalan kami ng trabaho agad sa issue na wala naman kaming kasalanan at walang binubulsang pera nila ?
With no due process na naganap?.

P.s I started working without any contract na inissue sakin na employee ako and also payslips. No company rules or policy file na we sign para sabihin na may nilabag kaming company rules

Maraming salamat po sa sasagot

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lukekyle


Reclusion Perpetua
did u resign? the way i see it, they are giving you a graceful exit, para hindi terminated.  you have the rright to refuse to resign if that is what your asking.  but you will probably get terminated parin because of the falsification of dates

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attyLLL


moderator
if there is no probationary contract then you are automatically a regular employee and entitled to security of tenure. What you did, changing the dates of enrollment to make it appear there are daily sales, is a falsehood. However, whether it rises to the nature of serious misconduct is the question to be determined whether it should be considered a terminable offense.


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Shamsvelasco1026


Arresto Menor
I'm not voluntarily send my resignation to them. They are the one write a resignation letter for me and forcing me to sign it.
Falsification of dates yes I admit it. Pero para pag isipin na pinag iinteresan yung pera nila ng walang basehan at 1 araw pinag isipan tinanggal lahat ng empleyado?

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Shamsvelasco1026


Arresto Menor
Hi atty. LLL even if they dont have any company rules and policy ? Na alam namin wala kami nilabag na company rules kasi yun ang sinabi nila. They are new in this kind of business that's why i think they don't have any legal documents for employees.

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Shamsvelasco1026


Arresto Menor
Question po : Just in case because I was thinking of filing a case to NLRC for these reasons.
1.For forcing us to sign a resignation.
2. Not issuing payslip
3.No job offer and contract
4.no Company policy /handbook employee (para sabihin na may nilabag ako)


Reasonable po ba ako?
Kasi alam ko po na wala kami kasalanan
Oo mali namin is for changing dates pero all cash and card transactions is nasa kanila naman.

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attyLLL


moderator
may empleyado nag nakaw ng packing tape, sabi ng supreme court valid termination.

medyo gray area yung case mo but you do have the right to contest the basis of your termination


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Shamsvelasco1026


Arresto Menor
Hi attyLLL fyi po wala po kami kinuha ni isang pagmamay ari ng company or employer namin their reason po to ask to voluntarily tender a resignation is ofcourse para hindi kami terminated and falcification of documents po for changing dates. Na inamin naman po namin at the first place.

Nag ready na sila ng resignation letter para samin at pinapapirma nalang kami pero yung letter hindi naman accurate ng hired date and reason ng resignation.

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attyLLL


moderator
you should go to NLRC in Banawe asap to file your complaint


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10 Re: Force resignation termination no Due process on Fri Mar 30, 2018 11:14 pm

Shamsvelasco1026


Arresto Menor
My concern po atty. Is may laban po kaya ako pag nag file ako complaint to NLRC vs. Sa employer ?.
What's your best advice po?

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mikos23

avatar
Reclusion Perpetua
The case of falsification of document is a serious offense. For a company they will start doubting the credibility of whatever documents that you had submitted or will submit in the future. The company have a high probability of terminating your employment however they are giving you a graceful exit which is resignation. If you are terminated or even have a bad record of falsification of documents, this will affect your future employment.

Every case has a chance of winning. Your Atty will yell you that specially if you pay your atty. Other Atty, those that are pro bono will tell you just to settle, because its a low priority case. Its your choice.

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12 Re: Force resignation termination no Due process on Tue Apr 03, 2018 11:06 pm

arnoldventura


Reclusion Perpetua
You may try convincing yourself that there is nothing wrong with falsifying documents, but you have to face it, the law considers it as a terminable offense under serious misconduct. https://www.alburovillanueva.com/dismissal-termination-employment You can file for illegal dismissal, and again try convincing yourself that you can win (perhaps you can), but don't bet your farm on it.

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13 Re: Force resignation termination no Due process on Thu Apr 05, 2018 12:45 am

paolo351983


Arresto Menor
Hi, I had a ongoing Notice to explain "NTE" due to my absences in addition to this they have quoted article 282 of the labor code - " gross indifference .. " and demotivation. I at first refuse to sign due to the severity of the phrase mentioned I however told them that I accepted that I am demotivated due to lack of coaching and lack of assistance from my supervisor. My point is should the management quote such strong words that will reflect on my 201 file and two I was made fun of by my immediate supervisor when I advice I'll ask legal advice for my peace of mind. can this be grounds for a immediate resignation ?

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mikos23

avatar
Reclusion Perpetua
No, that is not a ground for immediate resignation

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attyLLL


moderator
paolo, it's really hurtful to be accused in a disciplinary action especially if it's your first time. your recourse would be to compose your response. you could also consider asking HR to allow you to resign if you already find it unbearable


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