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FORCE RESIGNATION AND DISMISSAL WITHOUT ADMIN HEARING

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jinkytowers


Arresto Menor
Hi. This is my first time to post here po so pardon me if this is lengthy. I would really appreciate any advice.

I work (or worked) for this BPO company. I have been with them since December of 2017. Last Saturday, April 28, 2018, I asked my supervisor whether I'd have to resign immediately or render for 30 days should I decide to do so. I have been out for almost a week because of sickness but I have been informing my supervisor every single day. He then assertively asked me to resign immediately and to no longer render otherwise, he will be forced to submit an AIR (attendance infraction report) which could get me terminated once approved by HR. HR would review this and would give the verdict in 24-48 hours. If this is approved, according to him, I would be automatically terminated without the need for an admin hearing or due process. The ground for this submission is due to excessive NCNS (no call, no show) absences eventhough I have been sending him messages that I am still not well. I even have the screenshot of our conversation. I told him that I could not afford to leave immediately because I am expecting my incentives to be given on the last payout of May. I am a PWD and every cent of my earnings really matters. I told him that I was ready to work. He then told me to provide a medical certificate and a fit to work certificate from my doctor. His deadline was last Sunday, April 29. My doctor's schedule starts every Monday so the soonest day when I can get these documents will be on April 30. He told me that if these docs are not submitted on April 29, he will proceed with the submission of the AIR. I kept explaining the doctor's sched but he would not listen. I know that providing such is my responsibility but I only asked for an extension. I didn't even say that I could not or would not provide.


Came Monday, April 30 (my birthday, by the way), I received a gift of almost being terminated from the company because my supervisor finally submitted the AIR to the HR despite all my explanations. I told him that I did not appreciate what he did and that I didn't even receive a notice from them (according to the article that I read, at least 2 notices must be served before an employee gets dismissed). He could have easily asked me to go to the office since I am good to go to the office and serve me the notice but there was no word from him. I told him that I could have provided the docs had he given me an extension. He said that he can retract the AIR if I can give him the docs since it was not yet approved. I asked him if he could give me the assurance that I can render for 30 days (because it is the right thing to do) if I provide the docs today but he could not. Again, due to the high cost of my maintenance meds and bi-weekly check-ups, every cent will count. My premise was, give me the assurance that I can still earn my incentives and I would be willing to shell out the money that I have left for a medical certificate.

I heard nothing from him yesterday, May 1. Then today, May 2, I tried logging in to the company's portal (which is legal to be accesed outside the company premises) but the login failed saying that the owner of the login is not an active employee. I am assuming that they deactivated it because they might have already decided to dismiss me.

Is it true that instances like this will no longer require my side of the story through a hearing? There was not a single notice to explain served to me so HR did not hear my side.

Also, is it also true that an employee must always notify the management 30 days prior the effectivity date of her resignation? Did my supervisor do the right thing to ask me to resign immediately?

I will head to the NLRC office tomorrow too but I want to know if this is substantially sufficient.

Thank you for the response and I am really sorry for the long post.

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HrDude


Reclusion Perpetua
1. Due process must still be observed. The twin Notice must be afforded.
2. You have the duty to, at least, inform management of your resignation at least 30 in advance. In some cases, this can be dispensed with.
3. Why go to the NLRC? To file a complaint? What is your cause of action? You don't even know if you were terminated or not as you just 'assumed'.

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jinkytowers


Arresto Menor
Hi, HrDude. Thanks for your reply.

I kept asking my supervisor and the operations manager about my employment status but they are not responding. But as per my colleagues, I was already terminated. I wanted to go to the office to check but I'm not allowed to be in their premises unless I provide the documents that he's asking. Would this be enough cause of action?

Thank you in advance.

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HrDude


Reclusion Perpetua
Go to your HR Office and verify the status of your employment. Submit also with them your medical certificate if you are still an active employee.

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jinkytowers


Arresto Menor
I just received a notice from the HR that they have finally terminated me effective last April 30.

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HrDude


Reclusion Perpetua
You can ask them for copies of your Notices (NTE/SCM). Ask them when and how did they sent/serve them to you. If without those docs, they may have denied you due process. If so, you may then file a complaint.

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jinkytowers


Arresto Menor
Per my supervisor, my case would not require NTEs or any hearing. HR approved the AIR eventhough they are aware that they did not serve me any NTE nor conduct any admin hearings. No RTWO, nothing at all. But I will still ask the HR. However, our HR does not have a physical address in the country. They can only be contacted through email.

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mikos23

avatar
Reclusion Perpetua
If I'm not mistaken, my understanding is you came in the company December 2017, therefore you are still a probationary employee.

The reason for not giving you an NTE might be because the supervisor had submitted AIR as attachment to your probationary appraisal so support your "failure" to pass the probationary period.

If you can, get the notice of your termination from HR to know your status. If you are terminated because of awol, follow what HrDude stated. Otherwise, I assume your probationary contract is terminated and that would be legal.

Hope this helps

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jinkytowers


Arresto Menor
Yup. I was a probationary employee.

But don't probationary employees enjoy security of tenure too? I understand that there are some "benefits" that are not given to probees however, in my understanding, the procedural due process must be complied with in order to legally terminate the services of an employee regardless if the employee is regular or not. Is my understanding right? Because in my case, the primary reason that I am complaining is because I was not given a chance to explain myself to the HR through a hearing or NTE. They didn't even send me an RTWO.

I also asked my supervisor as to where could I get or when would I receive the notice of decision but he's not responding. Employees can only communicate with the HR through chat. I was surprised when I heard that they do not have any physical office and that I can only communicate with them through chat.

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mikos23

avatar
Reclusion Perpetua
Jinky,

without that document, we're all speculating here. The best that you can do is go to DOLE and your company will be forced to show the said documentation that lead to your separation.

Now if you are "terminated" because of policy violation, and they did not do due process, DOLE will penalize your employer.

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attyLLL


moderator
what is this notice from HR? Is there a procedure to follow when you will be absent? did you follow it?

Your recourse is to file a complaint at nlrc. Proby employees do enjoy security of tenure during the proby period.


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