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Insubordination on your Day Off?

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1 Insubordination on your Day Off? on Thu Apr 07, 2011 6:13 pm

Bectro


Arresto Menor
I was given a memo for not answering the company's call regarding a contract they want me to sign immediately. It was my day off, part of the two days off that I am entitled to every six days. My first day off was spent getting my Transcript in Nueva Ecija and I wanted my other day off to be my rest day. Here are my questions

1) Can they really give me a memo of Insubordination for not answering their calls on my day off?

2) The company is asking me to sign an Employment Contract with another company in Europe for the processing of our work visa there. They are recruiting me to work in another company and when I asked for more time to consider, they slapped me with Insubordination due to the inconveniences I have caused (they informed me March 22 and they have booked us for March 30)

3)Can they really accuse me of causing the company substantial amount due to tickets (that i have not used).

This company has a long string of records of illegal dismissal, preventive suspensions at a drop of a hat and lots more labor misdemeanors. The only reason why no one would go against them is because they have a slew of good lawyers. Sad

Can you please advise where can I get a good labor lawyer, with very minimal funding? ;(

Thanks in advance

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2 Re: Insubordination on your Day Off? on Fri Apr 08, 2011 11:55 pm

attyLLL


moderator
did you agree to be assigned to another company abroad? is that the nature of their business?

i would agree that deliberately not answering the call can be a cause for disciplinary action but not dismissal.

you can contact me at attylllaw@gmail.com if you need further information.


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3 Re: Insubordination on your Day Off? on Sat Apr 09, 2011 9:03 am

Bectro


Arresto Menor
originally i did, when it was under "business visa" under the auspices of our company, I have a business visa dated jan 5 to apr.
20 and i have no problem with that at all. But when i was advised on march 22 that we i will leave on the 30th and would need to provide "new" requirements for a "working" visa, that's when i had my doubts..when i saw the "new" employment contract between the european company and ME {my name is written on the contract) thats when i hesitated. First there's nowhere in the contract that states my company's participation with the deal, and the contract with the euro principal is so binding that even though the company assured that i will be given assistance in case of problems, it left me with doubts on how much help they can give me when I am halfway around the globe with a binding contract that I signed with another company. That would free them of all responsibilities to me right?..That's why on that day.. when they tried to call me and pressure me to decide, i didnt answer their calls...Sad

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4 Re: Insubordination on your Day Off? on Sat Apr 09, 2011 10:40 am

attyLLL


moderator
so who is your employer? and will you be paid european or filipino rate? how long are you to stay there?

it sounds like this is some form of illegal recruitment scheme.


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5 Re: Insubordination on your Day Off? on Sat Apr 09, 2011 7:17 pm

Bectro


Arresto Menor
if i sign that, i would solely be in the hands of the euro principal, they would become my employer..it's funny how suddenly my company is out of the picture. My Philippine company said I would stay there no more than 6 mths, VERBALLY. But according to the contract by Euro, it's indefinite. another reason for me to hesitate is when they asked me to go to Europe using business visa, they applied that in behalf of my phil. company. With the working visa, they will fix it in Europe while I wait for my business visa to expire. Let me note that this Euro company is the sister company of my phil company. To add to my worry, this time they gave me a one way ticket, instead of the two way ticket that they originally gave me with the business visa. The rate given is about 10000 pesos more than my salary in the phil. and I have to provide for meals, transpo and housing.
Those are the things I was considering that time when i didn't answer their calls for one day. And they slapped me with insubordination for doing so. They told me i have incurred damages due to the tickets they have bought and it cost the company to lose face. But I think the short time given (7 days notice before departure, on top of me still going to work and attending to the new requirements) is for me to just plunge ahead and not think. I am pretty sure they will terminate me using that insubordination clause, my panel is coming up this week and as per their track record, no matter how you explain it to them, they will still terminate me, like the people before me...they are Israelis by the way.

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6 Re: Insubordination on your Day Off? on Mon Apr 11, 2011 11:34 pm

attyLLL


moderator
then your remedy is, if you are so-minded, to ensure that you hand in your explanation in time, and if you are terminated, to file a complaint at the nlrc.


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7 Re: Insubordination on your Day Off? on Tue Apr 12, 2011 9:29 am

Bectro


Arresto Menor

Thank you so much, I will contact you through mail if I need further assistance Smile

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