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SOLO PARENT

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1 SOLO PARENT on Mon Aug 08, 2011 2:19 am

naomi_v2672


Arresto Menor
I am a solo parent and I am always tardy. Most of the time wala ako yaya nakikisuyo sa kaibigan para bantayan ang mga anak ko. Mas madalas wala ako pamasahe papunta sa work at maiiwan na pera sa mga anak ko yung mga ganun issues po. I had a certification na solo parent ako. I asked our company kung pwede ako mag flexi schedule as stated in the Solo Parent Ac but it was declined, I am not sure kung meron silang exemption from DOLE pero my supervisor issue me DA na nagpoprogress na po up to termination.4 years na po ako sa company, very considerate naman po sila dati but not anymore. Kung sakali me habol pa po ba ako sa DOLE kung ma terminate ako due to tardiness. 4years na ako

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2 Re: SOLO PARENT on Wed Aug 10, 2011 6:12 pm

attyLLL


moderator
I would say you have a good argument on your side, but I recommend that you write a letter to management requesting to be placed on flexible time schedule as per the solo parent act. let them worry about their exemption.


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3 Re: SOLO PARENT on Thu Aug 11, 2011 3:54 am

naomi_v2672


Arresto Menor
You are right that part of your privilege being a "Solo Parent" is a Flexible work schedule. However, as defined in SPWA (Single Parent Wellfare Act) the employer still has the right to decide if you will be allowed to be given such privilege based on company's business and operational need. Please see below definition as stated in the SPWA:

Flexible work schedule - This refers to the right of a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer. The employer shall provide for a flexible working schedule for solo parents, as long as it shall not affect individual and company productivity.


In line with your inquiry, I suggest you give the working hours that best suits your family needs so we can check with WFM if the business can allow you to take that shift. Please bear in mind that even if flexi schedule is stipulated in the SPWA, it is still subject for the employer's approval.

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4 Re: SOLO PARENT on Thu Aug 11, 2011 4:00 am

naomi_v2672


Arresto Menor
the above was their reply to when I invoked my right for Flexi schedule

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5 Re: SOLO PARENT on Thu Aug 25, 2011 11:36 am

naomi_v2672


Arresto Menor
today I received 3 NTE for all the late I incurred in July. tama po ba na sa isang buwan na me late ako 3 NTE na po yun na for dismissal na po yun sanction naka 14 lates po ako in July at accdg sa COC namin 3 instance or equivalent to 1 hr in a month. As far as I know kapag nakatatlo ka me sanction ka na pero hindi naman po ata tama na ung lates ididivide sa isang buwan kasi corrective action po yung sanction hindi po ba?? paki reply naman po para makapag explain ako at malaman ko kung me laban ako 4yrs na rin po ako sa company at talagang mahihirapan ako mawalang ng trabaho lalo at solo lang talaga ako nagtataguyod ng mga anak ko.. please please lang naman po

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6 Re: SOLO PARENT on Thu Aug 25, 2011 11:12 pm

attyLLL


moderator
i recommend you list down the reason for lateness for each of those dates to show that you had a valid reason for being late. show your old communication that you requested for flexi work hours under the solo parent act.

unfortunately, 14 times in one month is very difficult to defend against. however, if you show that you are consulting with legal counsel and you are ready to file a case at nlrc, they might change their mind.


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7 Re: SOLO PARENT on Sat Aug 27, 2011 11:21 pm

naomi_v2672


Arresto Menor
Today, I received 3 notice to explaine with Disciplinary actions from 3days suspension to dismissal.

These are for the lates I have inccurred for the month of July.
I know I have been very redundant in explaining that I cannot leave my kids alone at home that I have to ask other people's help to watch over them before I can go to work.

Can I invoke my right for a flexi scedh as stiputed in Solo Parent Act of 2000?

What does this clause mean:

vary his/her arrival and departure time without affecting the core work hours as defined by the employer. The employer shall provide for a flexible working schedule for solo parents, as long as it shall not affect individual and company productivity. In case of certain meritorious grounds, the employer may request exemption from DOLE.


Our company operates 24*7, which means that we provide the same service 24*7. I am not just sure what core hours means? I checked they donta have any exemption from DOLE but they have declined my request for flexi multiple times. I have a solo parent ID and they are aware of my situation. I hope that the law can protect me from losing this job as I have been in this company for 4 years and I need it badly.

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8 Re: SOLO PARENT on Mon Aug 29, 2011 10:05 pm

attyLLL


moderator
i'm afraid the law will not prevent the company from terminating you. it can only reinstate you after the fact.

in your written explanation, show the numerous times you requested for flexi time. attach your emails and their responses. include your solo ID. hint that you know your legal rights and you will assert them by filing a case at nlrc.


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9 Re: SOLO PARENT Today at 4:09 pm

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