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Termination of Employment in the Philippines

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1 Termination of Employment in the Philippines on Sat Jul 23, 2011 10:37 am

fred_zosa


Arresto Menor
Greetings,

I would like to know the process of termination here in the philippines, is there such a process that your boss would call you in his office and tell you to pack up all of your things cause you are suspended? then after an hour, an email was sent and text message stating...

Your employment with XXXX is terminated under Section 12 of the Independent Contractor Agreement as of 1am on Thursday July 21st.



Section 12 Termination. Company may terminate this Agreement immediately for any reason and shall not be obligated to make any further payments hereunder other than amounts accrued as of the date of termination.



I will arrange for your personal effects to be returned.

and thats it.....

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from the point of your contract, independent contractorship agreement, you are not an employee but a mere contractor.hence, the labor code does not apply to you
as it is the law on contracts that governs your relationship.

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attyLLL


moderator
the question is whether you are truly an independent contractor or an employee. it's inconsistent that there is someone you consider a boss.


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fred_zosa


Arresto Menor
If we were made to sign the "independent contractural agreement" insted of a probationary contract. Was there motive to decieve at the on-set?

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attyLLL


moderator
what is the nature of your work and the nature of your company?


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fred_zosa


Arresto Menor
We were what you could say a call center, i was managing 2 shift managers, 1 QA and agents... we would do about 70% research and 30% calls to generate leads for our sales team in the US.

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attyLLL


moderator
it doesn't sound like you are an independent contractor. the proper procedure for termination should be that you are given a first notice directing you to submit a written explanation, a hearing then another notice that you are terminated.


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toni


Arresto Menor
i would like to know the policy for tardiness and absences of th employees..

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toni wrote:i would like to know the policy for tardiness and absences of th employees..

you need to check your code of conduct. each company has its own employee policy. the labor code simply lays down the general law.

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