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Termination of Employment

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1 Termination of Employment on Thu Aug 04, 2011 4:31 pm

litodjosue


Arresto Menor
Good day sir:
I just wanna know if an employer has the right to terminate an employee that did not report to his duty until you found that he is already working to other company. Is he allowed to ask for a separation pay? Thanks

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2 Re: Termination of Employment on Thu Aug 04, 2011 6:15 pm

yes. that is abandonment of work. definitely, he cannot ask for a separation pay as the termination is due to his own cause.

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3 Re: Termination of Employment on Fri Aug 05, 2011 9:00 am

litodjosue


Arresto Menor
Thanks ATTY.more power Very Happy

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4 Re: Termination of Employment on Sat Sep 24, 2011 4:04 pm

shawcarine


Arresto Menor
Good afternoon Atty.,

I'm working for a company that i'm not quite sure if registered or not. We don't have any benefits and I am terminated but then my boss offered me a freelancing work nothing else.And he wants to create a terms and conditions for my freelancing work but then he'll put I resigned. He said his business is slow and cannot pay 3 persons anymore. My questions are:

Will can I see if my boss is legal or illegal? He's a british citizen and doing business online.
What will i get from not having any benefits since I am terminated but he wants to put on my papers for freelancing that i resigned? Is that right?
What any other pay will I get from being terminated?Or will i get any fee eventhough he gave me a freelancing work but will put on the terms and conditions that I voluntarily resigned?
What sanctions should be given to him if he is not registered and not giving his employees the right benefits?

Thank You. Looking forward to your answers.

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5 Re: Termination of Employment on Sun Sep 25, 2011 11:36 am

attyLLL


moderator
is this british person in the philippines? while you may file a case against him, is he here to face the case?


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6 Re: Termination of Employment on Mon Sep 26, 2011 10:28 am

shawcarine


Arresto Menor
yes he's here in the philippines. what cases should i file and how much separation pay and benefits should i get for a 1year and 5months service?

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7 Re: Termination of Employment on Mon Sep 26, 2011 4:15 pm

attyLLL


moderator
you can file a money claim at nlrc. you can even get a watch list order to keep him from leaving for four months.


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8 ILLEGAL DISMISSAL? on Tue Sep 27, 2011 2:49 pm

tinapacampara


Arresto Menor
hi sir,
I just wanted to ask because I was issued a letter from HR that I did not meet company standards for regularization. My last day is on Friday however, I did not received a formal evaluation stating my performance, I only received an email on August 19 stating to improve my performance and just yesterday, the letter was issued to me. Is this due process?or can I file a case in NLRC? will I have the chance to win the case if ever?

Thank you and appreciate your feedback.

Thank you.

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9 Re: Termination of Employment on Wed Sep 28, 2011 11:00 pm

attyLLL


moderator
i recommend you first send a letter to management inquiring about their basis to say that you did not meet the standards.

you have the right to question your termination, but it will depend on the evidence which side will prosper


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10 Re: Termination of Employment on Sun Oct 02, 2011 1:40 am

angel_buan21


Arresto Menor
i just want to ask regarding with the termination matters. I filed my resignation last month, it will be effective on Oct 12. but then i have to start my work on other company on Oct 3. then maybe, the company would terminate me due to AWOL. do they have the right to hold my salary for the last cut-off that i have worked for? and also for the back pays including my 13th month and allowances? pls do reply. i kindly need the answer to those question. thanks!

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11 Re: Termination of Employment on Mon Oct 03, 2011 12:22 am

attyLLL


moderator
if you go awol, there will be ways to try to justify holding your salary and clearance. your remedy will be to file a money claim at nlrc


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12 Re: Termination of Employment on Tue Oct 04, 2011 12:31 am

angel_buan21


Arresto Menor
ok sir. thank you.

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13 Re: Termination of Employment Today at 10:29 pm

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