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Immoral (daw) ground for termination

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1 Immoral (daw) ground for termination on Thu Jun 30, 2011 10:52 am

dragon_76


Arresto Menor
15 years na po akong nagwowork sa company namin. Kasal po kami ng aking asawa sa simbahan pero 6 na taon na po kaming hiwalay. pareho po kaming nagwowork sa iisang company. Meron po kaming sinubmit sa HR na separation agreement namin mag-asawa na wala na kaming pakialaman sa isat-isa. Problema ko po ngyon ako ay nagdadalang tao sa kasalukuyan kong bf, ang sabi po ng HR namin is ground for termination daw po iyon sa part ko (immoral act). Tatanung daw nya muna sa company lawyer namin kung ano ba ang dapat gawin hakbang ng company namin sa akin. Maari po bang maging ground ito sa akin although di naman po nagko-complain ang ex-husband ko about sa situation ko ngyon? Matagal na po kaming hiwalay at may mutual agreement na rin po kami na naka-file sa aming HR? Please advise kung ano po ang aking kaparatan at magandang hakbang.

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2 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 12:06 pm

Mutual agreement to separate is not allowed by law. The marriage should be annulled first.

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3 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 12:11 pm

dragon_76


Arresto Menor
how about the issue of termination due to immoral act as per our HR department?

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4 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 12:19 pm

Kindly check your company's code of conduct. Being pregnant by another man other than a husband is considered adultery.

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5 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 12:24 pm

dragon_76


Arresto Menor
yes, our code of conduct state "Enganging in any scandalous and/or immoral act". 15 days suspension to dismissal.

It means wala akong laban if ever na gawin nga nila ito sa akin?


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6 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 12:32 pm

the company should observe due process by allowing you to explain your side. i suggest if given that chance, put in writing the circumstances attending your situation and wait if the explanation would merit at least their humanitarian consideration considering that you have been working for them for 15 years already.

the situation only gets complicated because your husband is working in the same company. if the case is otherwise, mere pregnancy out of wedlock cannot be a ground for termination unless specifically provided by the company.

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7 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 1:10 pm

dragon_76


Arresto Menor
thanks for the help

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8 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 3:08 pm

dragon_76


Arresto Menor
hi again, sinabi na ng husband ko na wala po syang ibang gagawin move, actually po kasi both of us ay meron ng kanya kanyang partner. He's happy nama daw for me and wala naman daw po problema sa kanya ang situation ko.

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9 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 4:04 pm

attyLLL


moderator
how long have you had a relationship with your partner? does he work at the company also?

how long have you had a relationship. is it possible to show that management knew about the relationship?

Was your pregnancy or relationship a big surprise or disruptive to your office mates?

To me this is not so clear cut. 15 years is a long time, and should not be disregarded lightly.

have you been handed a notice to explain?


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10 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 4:20 pm

dragon_76


Arresto Menor
1 year and 6 mos, yes, we(me,ex-husband,partner) working in the same company.

our company even the whole employees know our relationship (partner) since from the beginning.

my pregnancy.

HR and my immediate superior talked to me verbally about the issue of my pregnancy.

No notice to explain yet, they will ask muna the company lawyer as per our HR head.

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11 Re: Immoral (daw) ground for termination on Thu Jun 30, 2011 4:26 pm

dragon_76


Arresto Menor
kahit po ang HR Head namin at superior ko alam din ang relasyon namin ng partner ko from the beginning.

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12 Re: Immoral (daw) ground for termination on Sat Jul 02, 2011 1:09 pm

attyLLL


moderator
if they issue you a notice to explain, be prepared to prove it. your circumstances are not as scandalous compared to a secret relationship, but it may still be disruptive to the company.


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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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