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Termination for Pregnant woman

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1 Termination for Pregnant woman on Tue Jun 19, 2018 2:43 pm

cherryfe.tuban


Arresto Menor
Hi,
I just wanna ask for legal advise. I just receive my termination letter throu email today and I have some questions about it.

1st, hindi pa po ako regular sa company. Probationary stage pa lang po ako. 5 month ko sa kanila this month.
I got pregnant while working with them. Based on my ultrasound I conceived the baby last week of January which that time I dont know that I am pregnant. I committed absences since Feb, there are some incidents na nahihimatay na lang ako habang papunta ng office. Then comes March, nagbleed ako my doc advised me to do bed rest until maging ok ang kapit ng bata which is after my 1st trimester. It was an almost abortion case daw, which I followed.
Comes May I got my fit to work from doc and he told me na I can go back to work na just be extra careful. Fit to work ako ng May 8 but I was able to report to work May 9. I was so brooke that time, my meds are so expensive, my vitamins isama pa natin ang check up and the docs may bayad din. I was nkt able to inform them on time kasi wala talaga ako load, wala ako pwedeng mahiraman for pamasahe or makitxt to let them know on time. But I was able to let them know hindi nga lang on time since kailangan ko munang gumawa ng paraan.
May 9 I reported back to work, submitted all of the docs na hinihingi nila. I submitted my medical certificate, ultrasound and fit to work since I cannot operate again without those. Everything went smoothly, they asked me to logged in and operate, they approved my sched. But there was no coaching or any words about the absent that I committed dahil wala akong pera.
However, after 1 week I was absent again kasi nagkasakit naman ang panganay ko. I was able to advised them on time on a daily basis. They just replied to me to make sure secure a med cert for my kid which i did also her laboratory. I submitted everything upon reporting back to work.
They just asked me to logged in and take calls no coaching or we havent even talk about what happen.
After few day, they served me an NTE for grave offense due to excessive absences.
It was indicated there the days that I was absent, from day 1 to the very last day. It also inducated there that I didnt submitted the docs that they need. It was considered an unauthorized absences.

After 5 days, we had our hearing. I depended myself, I disputed some of the details on the NTE.
1. They said that I was tagged NCNS for 4 days on the month of Feb. They said that I did not call in for my absences.
*I told them that 2 consecutive days hindi ako nag call in kasi it was my cousin who texted my operation supervisor since nahimatay ako. Also I was confused, I thought I only need to inform my operation supervisor since I am reporting to her. But we did call in, on time and everyday. Sabi ni nila sa contract daw na pinirmahan ko I also need to do call in sa hr supervisor since tl lang ininform ko I was tagged NCNS. I said we never intended to commit ncns, kasi we informed my operation supervisor what happened to me which is important para alam nya. I even submitted my medical cert through email on the 4th day.

2. It was indicated there that I did not submitted the docs that they needed.
* I submitted it upon returning to work. Kaya nga nakapag operate ako ulit. Kasi without those no one can operate sa floor. But the hr supervisor said that he didnt receive anything, he even show me na 3 lang ang med cert na nasa kanya. Which made me so angry kasi obviously nagsisinungaling sya. It causes me a lot of stress I am even crying to remind him what happen that day to refresh his memory. Pero panay diin nya sa legal rep nila na wala. 3 med cert ang nawawala, ultrasound sound ko at fit to work. Pero i have a pic ng 2 which pinakita ko sa legal rep nila. Pero yung isa hindi ko na pic yun but I told them I can request my records sa doc ko. Pero until the end he is denying na natanggap nya docs ko and not answering me how come I was able to operate again. And why he even prove my sched and adjustment.
After the hearing, I feel so bad nagcocontract nanaman ang tyan ko. I stayed at the comfort room crying at tinitiis ang sakit ng tyan ko. We dont have company doc or even nurse kaya tiniis ko na lang hanggang matapos shift ko. Baka madagdagan nanaman kasi ibabato sakin if uuwi ako.
Nakauwi ako samin calm myself took my med para kahit papabo maging ok ako. Then early in the morning i texted our hr suo asking him if i need to get a copy of those docs since nawawala para makapagrequest na ako. He replied i thoughg you have it? Which by the way cause me a high blood pressure and spotting. Til that morning pinanindigan nya na di ako nagpasa at nasa akin daw. I was not able to report to work untik today. Since doc said that I really need to stay calm or else malalaglag ang bata or pwede syang maging abnormal or baka magkadiperensya sya. It was my 3 time bleeding case na kasi.
Today, I received an email from the company na terminated na daw ako. Reason for termination are:
1. May 9 absent - due to no money for transpo and was not able to call in.

2. 5 days absences because my eldest got sick and i need to take care of her.
Sabi dun they understand daw thise days na absent ako because of my pregnancy and those are considered EXCUSED. Pero I exceeded na daw ang allowable absent which is 5 working days na nasa contact namin.

Is this a valid termination?
* 1st, grave offence ang inissue nila sakin na sinama ang mga absences ko related sa pregnancy ko. Pero sabi nila excused yun. The 2 grounds na sinasabi nila is magkaiba ng incidents and again I was never coach for those days. Ni isa dun walang coaching. Ni walang written or verbal warning na nangyare sa mga incidents na yan. They collected everything then issued me an NTE for grave offense agad which is for termination.
Sa handbook namin, for unauthorized absences we have 1st warning 2nd warning 3warning. Pero ni isanv nte for 1st and 2nd warning wala. Term agad.
It can be lighter then grave offense if EXCUSED naman pala ang absences ko related to my pregnancy.
I felt so bad talaga kasi from docs na nawawala para lang madiin ako, at ngayon iba naman ang binabato sa akin. Which by the way hindi namin napagusapan ang 2 reason na yan sa hearing.
Obviously they want me out at ayaw ako maregular, wala naman kasi silang mapakinabangan sa akin jusf because im pregnant.
Also can we file a complaint sa mga nagyare kasi na pagdedeny causes me a lot. Now i am here in my bed, bed ridden again. Worried na baka maapektuhan na talaga baby ko.
Pls help me and tell me wgat to do.

Thanks!

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2 Re: Termination for Pregnant woman on Wed Jun 20, 2018 7:07 am

Patok


Reclusion Perpetua
yes excessive absents without leave..

if you feel na your termination is not valid, you can file a case at NLRC.

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3 Re: Termination for Pregnant woman on Wed Jun 20, 2018 9:05 am

cherryfe.tuban


Arresto Menor
Yes i was out for a long time, wala pa akong leave kasi di pa nga ako regular. The time na nag absent ako they were ok with it.
Critical ang stage ng pregnancy ko nun. Medyo hindi lang kasi ok na grave offense agad hinain sakin peo sinasabi nila na excuse naman daw ang absences ko related sa pregnancy.
Yung 2 reason nila why ako tinerminate, di ba dapat dumaan muna yun sa tamang warnings? Which is nasa handbook namin.

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4 Re: Termination for Pregnant woman on Wed Jun 20, 2018 6:00 pm

attyLLL


moderator
you have a legal right to contest the termination by filing a complaint at nlrc, but there is no requirement that an offense has to undergo warnings first. if you are able to show that there was a valid reason for your absences, the labor arbiter might rule for you



Last edited by attyLLL on Wed Jun 20, 2018 6:38 pm; edited 1 time in total


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5 Re: Termination for Pregnant woman on Wed Jun 20, 2018 6:28 pm

cherryfe.tuban


Arresto Menor
Thanks atty. Ill try to contest, kasi ive been with tje bpo na po for 11 yrs. Laging may warning and we have diff cases. Ito lang talaga naiiba sa lahat, i felt na parang pinagtripan nila employment ko dahil lang wala pa sila mapakinabangan sakin dahil sa pagbubuntis ko. Which is nabanggit nila yun na sept maternity leave nanaman daw ako.
1st time ko po po magcocontest atty. Pano po ba process sa nlrc? I mean ano po dadalhin ko doon?

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6 Re: Termination for Pregnant woman on Wed Jun 20, 2018 6:41 pm

attyLLL


moderator
bring a copy of your nte, explanation and notice of decision. go to bookman bldg on quezon avenue. someone will interview you and you will fill up a form


_________________
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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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7 Re: Termination for Pregnant woman on Wed Jun 20, 2018 6:46 pm

cherryfe.tuban


Arresto Menor
Noted po. Thanks atty. Try ko lang magcontest

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8 Re: Termination for Pregnant woman on Wed Jun 20, 2018 8:26 pm

cherryfe.tuban


Arresto Menor
Last question pala atty. Nagemail kasi sakin yung company pinapaprocess na yung clearance sa kanila. Should i process it na po ba or contest na muna ako? I mean, makakaapekto po ba yun sa pagcocontest ko kung magpapaclearance nako?

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9 Re: Termination for Pregnant woman on Thu Jun 21, 2018 6:52 am

Patok


Reclusion Perpetua
complete your clearance so that you can get your last pay..

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10 Re: Termination for Pregnant woman on Thu Jun 21, 2018 7:20 am

cherryfe.tuban


Arresto Menor
Thanks

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