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TERMINATION FOR BEING ABSENT FOR 2 DAYS

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1 TERMINATION FOR BEING ABSENT FOR 2 DAYS on Mon May 30, 2011 11:07 pm

Reiner


Arresto Menor
I was terminated today May 30 2011 because for being absent for 2 days without calling but I was suspended for 10 days. When I came back they want me to sign the termination paper but I didn't sign it. They also hold my pay. Please Help..

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2 Re: TERMINATION FOR BEING ABSENT FOR 2 DAYS on Mon May 30, 2011 11:38 pm

Reiner


Arresto Menor
I was absent last may 16 and I work may 17 then absent again on may 18.. then on may 19 they let me sign something that I will be suspended for 10 days. After the suspension they terminate me but I didn't sign the termination paper and also they hold my pay last may 1 to 15..Please help and advise??

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3 Re: TERMINATION FOR BEING ABSENT FOR 2 DAYS on Tue May 31, 2011 6:25 am

going through the facts of the case you have provided, your employer violated the labor code. as a matter of due process, they should have given you the opportunity to formally explain your side by issuing you a notice to explain your infraction. afterwhich they should have accorded you the right to be heard and gave you the chance to defend yourself before finally issuing you the notice of termination.

if the requirements above where not met then you were illegally terminated.for you to redress a wrong done to you, file a case of illegal dismissal against your employer before the office of the National Labor Relations Commission (NLRC). if you are working in NCR you file your case in Banawe, QC or if you are working in the region know the regional office in your area

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4 Re: TERMINATION FOR BEING ABSENT FOR 2 DAYS on Tue May 31, 2011 8:31 am

Reiner


Arresto Menor
Hello sureshock2000 thank you for answering my problem. Actually last may 24 we had an admin hearing they let me explain what happen, so I make the explaination in writing, after that my suspension continued. Then they didn't contact me when to report again, so I went to the office may 30 and ask what is my status they said I was already terminated last may 25 that is their decision I havn't got any email from them but they said they sent me an email and they contact me. and they want me to sign the termination paper but I didn't sign it, I tried to ask that is it okay I will file a resignation than termination?. They said they will not accept the resignation anymore. Please advise. I don't want to have a bad record I've worked from them for over 2 years now.

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5 Re: TERMINATION FOR BEING ABSENT FOR 2 DAYS on Tue May 31, 2011 7:11 pm

attyLLL


moderator
i am personally against this 2 day NCNS rule. to my mind this should not be basis for termination because it is far too harsh.


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6 Re: TERMINATION FOR BEING ABSENT FOR 2 DAYS on Tue May 31, 2011 11:36 pm

Reiner


Arresto Menor
I want to thank you atty sureshock2000 and atty attyLLL for helping me. This morning my mother and I went to NLRC in our region region VII here in Cebu, and I personally send the notice to the company and we will have a hearing this coming June 7. Thank you again.

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