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Tuesday, November 25, 2008

Due Process Before Firing or Terminating Employment Due to Just Cause

I received this question Today:

Hi ed,

When my subordinate confessed that he misappropriated our company's fund, i referred the matter to my boss and my boss told me to terminate my subordinate. I served the termination letter without going through the usual process. Am i correct?

Here's my answer:

I think it all depends on where you are practicing your job as a manager or supervisor. Here in the Philippines, where I work, not going through the due process could get you in trouble, especially if you were unable to get written confession or evidence that the person did violate company policies. You can be saved from trouble if the employee does not contest your boss' decision to fire and does not change one's mind about the confession. This is however, no reason to think that what you did was right because the employee can change his mind and contest that decision in a labor forum.

Some managers here in the Philippines, do not care much to follow the process because they get away with it. It's like ignoring the overpass, the traffic light or the crossing lane as one crosses the road and choosing instead to compete with the speeding vehicles. They get away with it several times but they only need one time to get into serious trouble.

Due process in disciplining employees is important. It protects the employees' right and it prevents a company from getting into trouble. The next time you are faced with this kind of situation,I suggest that you go through the process to save yourself and your company from any legal troubles. The Department of labor and Employment in the Philippines shares these information about due process:

What is due process in the context of termination of employment?

Due process means the right of an employee to be notified of the reason for his or her dismissal and, in case of just causes, to be provided the opportunity to defend himself or herself.

What are the components of due process in termination cases?

In a termination for a just cause, due process involves the two-notice rule:

* A notice of intent to dismiss specifying the ground for termination, and giving to said employee reasonable opportunity within which to explain his or her side;

* A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her;

* A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify the termination.
In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the grounds given, at least 30 days before the date of termination. A copy of the notice shall be furnished the Regional Office of the Department of Labor and Employment (DOLE).


  1. Hi Ed,
    I have just been terminated form work in an outsourcing company last May 15, 2009 due to AWOL last may 2, and 09, ill just like to elaborate the said AWOL on may 2,actually i went to office may 2, after lunch, so i did a half day that day, regarding the said incident, i been out of office last may 09, because i accompanied our two American clients the night before, i served as a guide for them hang out late and lost track of time, but, what im wondering is, i just received my memo last may 13, 2 days before the said termination day, and nobody even talked to me,my team lead, our project manager nor any of them at the HR dept, my attention was called the afternoon of may 15, and the HR talked to me, and hand me a letter indicating that i am terminated that very same day.
    what can you say?
    please help me.

  2. @Amadure:It looks from your story that your right to due process was violated. If that is the case, I suggest that you go to National Labor Relations Commission in Banawe Quezon City and present your complaint. If you know a lawyer, I recommend that you talk to one. Get them to look into your complaint for merits before you file it. If you don't have a lawyer, I believe you can also get help from NLRC. I hope this helps.

  3. Lost in Frustration1:15 PM

    Hi Ed! I've already skimmed thru your blog. Great job I should say. I plan to make this short but I want to give you details so you can advice me accordingly.

    I am currently working for a small dying company. With business barely surviving, the company president make do with what he has on hand: a handful of few odd workers doing jobs unfit for their capabilities. I was promoted from marketing to takeover the admin/HR left by after the head resigned.

    One of the staff reported to me that she could not apply for loan extension because we have no contribution remitted for the last few months. Now this is the job of the accounting staff who makes all the money-related report and handles all the monies of the company. All transactions are in cash: payroll, deductions, advances, allowances, remittances, etc.

    Upon investigation I found out that not only did the staff failed to remit loan payments but likewise the contribution to all government agencies and that I has had too many unliquidated advances.

    Now I did push to get her terminated beginning at least with a letter requesting for explanation. Originally I wanted to issue preventive suspension.To my surprise, the boss wants to give the accountant another chance like asking her to remit the payments asap. I mean, holy cow, this is a person stealing companies fund and employees loan payments.

    Of course this lead to some arguments between myself and my boss. To think that the only thing preventing me from leaving the company is I cared enough that I wanted to prevent such things from happening.

    Now what can I do if in my quest to impose the company policy, I ended up being frustrated because my boss is taking side (instead of investigating)? Now I want to resign. Can remidies be afforded to me? At least I wanted to kick the accountant out. Can I claim that I am resigning because of I can no longer stand up to my personal ethical values?

    The company has a head office in NCR but they mostly support them for accounting record and fund keeping purposes. If my boss doesn't listen to me, can I go there to report directly?

  4. @lost in frustration: I have a question in my mind. Is your boss instructing you or the accounting staff to pay the arrears after finding out that they are not paid? If he isn't ordering the payment, I suspect that he authorized your accounting staff's non-remittance. The accountant may just be following orders. Which is a possible explanation to his behavior of taking sides with the accounting staff.It is also likely considering that the company is under financial stress. I suggest that you clarify this with your boss. If that is the case, your boss might be violating the law regarding payment of mandatory benefits and taxes. You can report this to any D.O.L.E. or National Labor Relations Commission office near you. You can check out their website here for details. Reporting this to DOLE NLRC means you are making the company accountable for their violation. I agree as a person of ethical values, you should not allow your company to not give employees what's due them. Specially if your boss won't come clean to the employees about the problem.

  5. Anonymous3:31 PM

    Hi Ed,

    From full time employment, I requested to have part-time employment. I assumed that with regard to pay everything should be dealt with by my supervisor and the HR should make the necessary adjustments. Next 3 pay periods I was still getting my full salary for full time employee but knowing our HR, they are always late in filing things and then the last pay period my part-time salary is already in effect.

    Now, they are asking me that the extra payments that they credited to my salary will be deducted in full bulk. Meaning, I will have no pay for 3 pay periods. I am willing to pay the extra payments back but I'm asking if it can be payable in 3 months instead of taking the whole bunch out of my salary. Do I have a say about this?

    On top of that they have not remitted my loan payments to SSS. It's almost been a year now and when I follow up with HR they'll just say they'll follow it up with Finance. I have been following up since February. If I file a case against them with DOLE, will I get compensated?

  6. Anonymous7:01 AM

    hi, just want to inquire an incident that happened recently to my hubby, he was dismissed due to awol, this are since that transpired, My hubby texted his superior that he cannot come to office due to the condition of my 6month old son, he got sick and needed attention, since my hubby is calm we decided that he's the one who will take care my son.

    after 10 days of absent, since their usual procedure is to get a Return to work pass before going back to office, he was given a noticed, that he need to explain why he was absent and not allowed to go back to work until the decision is served.

    On October 23, he went back in the office, to explain to the owner and hr. head and said he will be dismissed, right then he was asked to sign a termination letter, and not giving him a copy of the letter
    Is it normal?

    due process means the company will investigate right?how come they did not ask the superior.
    Failing to prove that company policy had informed the employee is part of the process? my hubby did not know the company policy in filing their leave will free him on the disciplinary action made by the company??

  7. You are right, there should be due process. I suggest that your husband go to DOLE to raise his grievance.

  8. This comment has been removed by the author.

  9. Dear "From full time to part time,"

    Let me put myself in your shoes just to share with you what I would do if I was in your situation.

    1. I will immediately inform management that they paying me more than they should.

    2. Not spend money that is not really mine in case they realize and decide to take them back

    3. If I did spend it as I think you did, I would ask them to deduct it in several tranches because I will be in financial trouble and will not be able to do my work well if I end up not having enough money to do my work.

    4. I will inquire about the non-remittance of my SSS premium. If I do not get the answer I want, I will inform them that I am going to SSS or DOLE to complain about it and go about it.

    I hope this helps.

  10. Anonymous12:46 PM

    Hi Ed
    I just want to clear up something,Im a contractual employee and i was awol from work last march 21,on the next day I came to work,sat march 23 my scheduled supposedly 2-10 but i came late 4pm,the manager did not allow me to time in and told me that im suspended for the next cut-off.Then the general manager talk to me forcing me to resign,is this right? Should I have due process.Hoping for your immediate reply

    1. companies usually do not include contractual employees in their progressive disciplining policy. contractual employees can be fired for simply not meeting performance expectations or single instance of policy violation.. While fair play dictates that they ask you to explain why you should not be penalized for your violation, but I don't think it's required. I am a bit puzzled that they asked you to resign instead if firing you.

  11. Hi kuya ed,

    I am an employee of an BPO industry. My supervisor is terminating me due to attendance issue. I was not able to go to work for 3 consecutive days. On our company handbook we have steps to follow. Once u failed to report to work make sure bring a copy of documnt why u were absent. 1st occurence, written warning, 2nd occurence, 3 days suspension, 3rd occurence 10 days suspension. And 4th occurence dismissal. I was just being suspended 3 days and never suspended for 10 days yet however they are already terminating me. Am i have d right to file a clmplaint? Gary

    1. If you are a regular employee, yes you should report it to DOLE. If you are proby or contractual employee, please check if there is a provision in your contract that says violation of any company policy may or will warrant termination. Non-regular employees usually do not have that security of tenure privilege of regular employees.

  12. Good day po.
    I have a question sir. I work with a company that sells marketing software to US clients. I haven't had a sale since I started here almost 8 months ago. They put me under PIP since the middle of May and it will end by the middle of June. I understand and agree that they put me under PIP because I don't have a sale yet. What I don't agree on is the fact that they only gave me 1 month to produce a number or else they will terminate me. No verbal warning, written or final warning. No documentation but the PIP I signed. Though we know the target, we didn't sign anything before about that. I don't think it's right to terminate someone without giving proper documentation or due process. Can I get an opinion from you regarding this. By the way, I'm a regular employee sir.

    Thank you. God bless.

  13. Reynalyn, first, what is a PIP? is it a sort of remedial action or ultimatum requiring you to meet your target or else you will be terminated? If you signed it and it says, you will be separated from the company if you fail to meet your performance target, then that document might be what they are basing their decision from. If you agreed to the condition, it is binding. No need for written or verbal warning.

    I also suggest that you check with DOLE if you feel that you have been treated unfairly. Show them the PIP document that you signed so they have a better understanding of your situation.

  14. Hi ed,

    I just want to ask I'm working at agency and had a contract until June 15 but the thing is they want to terminate due to just causes. The termination is filed dated June 20. Is the termination still valid?

  15. It sounds strange that your contract has ran out and yet, you still need to be terminated. Did you get a new contract? I suggest you consult a lawyer if you are interested in contesting what they did to you.

  16. Anonymous3:25 PM

    i was terminated stating subordinates disliked my supervision style. I was told management spoke with all of them and made this decision from interviews. I never knew of a complaint and was terminated once told of there decision after the interviews. They want me to sign a contract not to sue to accept their severance package

  17. if I were you I would seek the truth with my subordinates.I would ask them if it is true and ask them what part of my supervision they don't like so I can learn. If they say the have no problem with me I would call management's attention to it and demand an explanation. if they say they do have a problem with me and I feel that their reason is justified, I will move on. This is not a legal advice obviously,If you want legal advice I suggest you present your problem to a lawyer.

  18. Anonymous1:31 PM

    Hi. I just want to ask help.

    An employee went AWOL last October 2012. Her reason is she has to take care of something. She just decided not to come to work anymore without proper notice. She was informed of the consequences but she still pursued with her decision not to report to work anymore. Now, after 9 months, she is claiming her last pay and 13th month pay which the company did not give anymore since her status was AWOL. However, the company wasn't able to report to DOLE this matter which i know should be part of the process. Please enlighten me what to do. Thanks.

    1. If she worked for it, then she is entitled to ut unless she has financial accountability to the company that she has to pay.

  19. Anonymous6:27 PM

    Hi kuya, just wanna ask, my sister is currently under Preventive Suspension due to Fraud (she is working in a Call Center), aside for termination, what other consequences she may face? Tnx.

    1. Depending on what she did she can be civilly or criminally liable if the company decides to litigate

  20. Anonymous1:26 AM

    Tnx po s reply. Wala naman pong money involved. Meron lang naganap na "adding of user or credit card extension" w/o authorization from the Owner of that credit card.

  21. Nicka4:47 PM

    Good Day! Ask ko lang po sana, I was working for a call center before. sa opisina po kasi namin, meron pong very strict policy sa lates and absences, Nag karoon po ako ng 4 lates all in all sa loob po ng one year n stay ko sa company, one minute late in Aug 2012, 1 minute late in Oct 2012, 4 hours in Nov, 2012 I was regularized on April (one year po kasi ang regularization namin though ang alam ko dapat 6 months lang ayun sa batas) then and 1 late on July 2013, yung Nov late ko po i think is valid naman since na ER ung anak ko. on my 4th late I was given a dismissal notice, and notice for a hearing which is nkipag usap sakin yung HR to tell me lahat ng lates ko, then they told me that they'll give me another chance pero pag na late or nag absent ako automatic last day ko n daw po yun. on Aug 2013 Nagkasakit po ako so i was unable to report to work, then by afternoon nka receive po ako ng sulat from mssenger ng company that I was already dismissed sa work. Ask ko lang po kung may laban po ba ako sa ganun,and kung pde ko pa habuling ung SLVL ko di po kasi nila binigay since dismissed nga po ako. salamat po

    1. Wow, ang lupit naman! I suggest that you give DOLE a call and tell your story. They might be liable for illegally dismissing you.might ha! Hindi ako sure. That's why I'm suggesting that you inquire with labor

  22. Anonymous10:53 PM

    Hi Ed,

    I actually do not know what is the status of my employment at the moment. I resigned last January 14 this year via email and January 16 to personally send my resignation paper to the office. Take note the the last day that I went to work was January 7. January 8 and 9 was my RD. So from January 10 - 13 I went AWOL already since I needed an immediate resignation since I have a greater opportunity placed before me.

    Now I know that my Team Lead should be providing me a Notice to Explain on the 5th day of being AWOL (but since I emailed her my resignation letter on the 14th, I really do not know what would be the next step) but did not receive any communication about it. Now, I am waiting for the Return to Work Order since my last day of work and have not receive any communication regarding it as well. I talked to her via Facebook last Wednesday (January 29) if I can process my clearance so to return company badges, IDs that was given to me when I am still their employee. But what she told me was my resignation was not accepted by our Account Supervisor since I didn't render the 30 day work. She also told me that they had pushed my termination.

    My question is, is this the correct way to terminate an employee? I would accept my termination if I underwent the correct process which is Notice to Explain on the first week (did not receive this) Return to work Order on the Second week or 15th day if I did not respond to the first one ( But did not receive this either.)

    What would be the next best thing to do regarding this matter?

    By the way, did I mention that when I ask what was suppose to be the process for clearance my Team Lead told me that she doesn't know the process?

    I would appreciate the help..

    Thank you

    1. Yoi can challenge the termination by going to the department of labor, although I think it is moot because you obviously have no plan to return.

  23. Anonymous5:15 PM

    Hi Ed,

    I have a question for you. Is there anywhere in the Philippine Labor code that stipulates the turn-around-time for a resolution to be released after the admin hearing was conducted if the resolution is termination? I have a friend. He was written up on March 3, 2014 and had admin hearing on March 19,2014. HIs termination letter was released on April 21, 2014 and was effective immediately. Was there a violation of the RA 442?

    - Affected Friend

  24. Ryan A2:32 PM

    Hi Ed,

    Is there a time frame for the due process to take place when terminating an employee with just cause?

  25. Anonymous11:45 AM

    Hi sir,.
    Gaming attend po ako sa isang mall sa qc..tinerminate po ako noong july 24 at ngsign ako ng trmination paper,pero nagdecide po ako na ilaban sa dole,pwede pa po ba yun kaht nka sign na po ako ng trmination paper??

  26. Anonymous1:29 AM

    hi po,

    NTE for termination n po ung na recive q dahil ang nkalagay 6 no call,no show n po aq sa work nakaraan lng,which is not true kc hindi mn lng po muna aq knausap at kinunfirm ng supervisor q kng anu ang ngyari.
    sa pinasa nyang report,dalawa lng po dun ang hindi ako nka contact sa office kc busy ang line,yung isa dun for dispute kasi nasa work po ako nun,hindi lng na correct kc wala supervisor nmin nun at busy ang lahat,ung 3 natira,nka sick leave po dapat ako,pro sa report n natanggap ng HR at nakalagay sa NTE,lahat unauthorized absent.
    at nilagay pa sa report ng supervisor ko na may 1st,2nd,at 3rd warning n po ako dahil dn sa mga unauthorized absent ko from last year between oct 2014 to jan 14 2015,opo na recieve ko po iyun lahat ng sabay sabay ,i think bandang feb 8 2015,the day bago po lumabas itong NTE ko which was issued feb 9,2015.
    im on my 11th months after i was rehired,pro ang original hiring date ko po was aug.2013.

    i need advice po,tnx.

  27. Anonymous8:30 AM

    For Notice of Dismissal.

    I was a regular employee of XXX for 8months, I was then a rehire from the same able tocompany. I resigned before due to IDA Iron Deficiency Anemia and needs to rest for couple of months.
    Upon returning I told the Operations Manager that I am fit to work. They accepted my employment. I was then regularized by the company bec i was able to hit the account stats. But for some reason I got sick again and it was due to my asthma, most of my absences I have supporting documents like medical certificate and call in code from workforce. There was an instance that I wasn't able to provide a medical certificate since I have nebulizer at home.
    Upon returning to work my supervisor hand me my NTE for final written warning. I explained my side. After that I commited another absence but i was able to provide a medical certificate. After a month I was told by my supervisor to go to HR I was wondering why.
    HR rep handed me Notice of Dismissal, they asked me to explain my side why i was absent and why i wasn't able to call. I explained my side. I asked them if I will be terminated right away or if they will give me time to look for another job. I am a mother of 5 and can't afford to lose a job. I was told that it will be under deliberation and there will be a process such us hearing to formally defend myself.
    Oct 4, 2015 I was rushed to Makati Medical Center due to asthma I was advised to rest for 2 days so my return to work is Oct 7 which falls to be my rest day and regular schedule is on Oct 9. Assuming that everything was fine because I have a medical certificate and I was able to call workforce to report my absence and texted my tl that I can't go to work, with no reply as always. I just stayed at home and rest at prescribed. Suddenly I received a call from my friend asking me if i already resigned. And I said no its my off. She said I was tagged separated. I refused to show my self to the office bec I don't want to be humiliated in front of many people. So I decided to go on AWOL.
    I was then told by a friend that I was illegally dismissed. So I called HR after a month to know what happened. Then Ifound out that they terminated me OCT 6 which is still covered by my medical certificate.

    In these case can I file illegal dismissal?

  28. Hi Edwin. I do have a question for you. I'm a call center agent working in MOA. And here's what happened, I got my NTE yesterday, 02/12 about this complaints coming from our clients. They have accused for saying bad words against to one of the Supervisor that we have abroad (New Jersey) And to give you an idea, we're using Skype as source of our communication. I admit that I said something against to that peson, I badmouthed him and I never denied it to anyone specially when they called me and served the NTE letter. But believe me, I didnt send that message with profane words directly to the said Supervisor. I just couldnt believe that I got 4 complaints but never one of those was explained to me even if its not yet served. I was never coached by anyone here and FYI, my manager didnt even inform my Team Lead to get aware about the issue and do necessary actions to correct me. The complaints had been served one time. Last Thursday, 02/10 our Operations Manager called me and said to do floor walk and assist my colleagues, I kept on asking myself whats the reason, even that person who requested me to go off the phone without giving me any valid reason why I have to do this and that. I was off the phone for 2 days already and as far as I know I still should taking in calls as I'm not yet terminated and not yet done with the Admin Hearing. Whats your take on this?

  29. Hi Edwin. I do have a question for you. I'm a call center agent working in MOA. And here's what happened, I got my NTE yesterday, 02/12 about this complaints coming from our clients. They have accused for saying bad words against to one of the Supervisor that we have abroad (New Jersey) And to give you an idea, we're using Skype as source of our communication. I admit that I said something against to that peson, I badmouthed him and I never denied it to anyone specially when they called me and served the NTE letter. But believe me, I didnt send that message with profane words directly to the said Supervisor. I just couldnt believe that I got 4 complaints but never one of those was explained to me even if its not yet served. I was never coached by anyone here and FYI, my manager didnt even inform my Team Lead to get aware about the issue and do necessary actions to correct me. The complaints had been served one time. Last Thursday, 02/10 our Operations Manager called me and said to do floor walk and assist my colleagues, I kept on asking myself whats the reason, even that person who requested me to go off the phone without giving me any valid reason why I have to do this and that. I was off the phone for 2 days already and as far as I know I still should taking in calls as I'm not yet terminated and not yet done with the Admin Hearing. Whats your take on this?

  30. hellow po ako po c angel secretary po ng isang home center. ako po ay naatasang magtanggal ng empleyado for authorizes causes.ngunit ito po ay hindi ko ginagawa ng walang approval ang aking boss. may naging empleyado po kmi na tinanggal 1 year ago at may natanggap nmng separation pay, ngaun po ay nalaman ko na gumagwa xa ng union kung saan lht ng mga tinanggal ay ngbabalak akong i complain sa labor at hinihiling na patalsikin ako sa trabaho. malaki po ba ang chance na matanggal ako at i grant ng dole un? pls. anu po ang ggwn ko.. slamat po

  31. Anonymous5:45 PM

    Hi po sir end. Ask ko lang po legal advised mo Kasi nakareceive ako ng text from my manager today na wag na daw ako bumalik o pumasok sa work Kasi wala na daw ako babalikan na aantayin ko na lang daw letter from hr. I was absent or on awol for 2 days though I though yung unang araw na absent ako ay nakasuspension pa rin ako kaya di ako nakapagtext sa boss ko pero kinabukasan tinext ko boss ko non na nakasuspension mode ako pero di naman siya nagreply. Pero nung pangalwang gabi na umabsent ako Hindi ako nakapasok Kasi may sakit Ang anak ko at mother ko at need ko sila samahan sa bahay Kasi inaatake ng high blood mother na matanda na rin naubusan na din kc ako ng load that night kaya di ako nakatawag o nakapagtext. Then nung pumasok ako nung pangatlong araw sinabi ko sa kanya na makakapasok ako kc sabi niya itataged niya na daw ako na AWOL. Nung nasa work na ako di ako makapasok sa loob Kasi tinanggal na niya access ko kaya nag antay ako sa labas hanggang umuwi na lang ako. Ano pwede ko gawin. Punta po ba ako ng nlrc to file a complain di ko Alan gagawin ko Kasi Parang tinatanggal na Ako ng manager ko na antayin ko na lang daw letter ng hr. Wala man lang due process kahit Alam niya na nag nagrender na lang ako ng resignation until Feb 28 na need ko sana Ang sahod ko ngayong Feb 14 at Feb 28. Now wala ako sahod at need ko pa antayin Ang notice from hr kaya di rin ako makapag apply kc di ko Alam kung kailangan ako pwede mag start if evermag apply ako. Single parent Kasi ako at ako lang Ang inaasahan sa mga gastusin namin sa bahay. Please help po.

  32. Hope you could give me advice regarding my situation. I work in a call ctr and now on my 6th month -past rrgularization date. I was issued a final warning but i think it is unfair. My TL said i wasnt able to book a tv unit for service but i explained to hin that even he knew i didnt have the tools to create a service order so i sent the request to book through a call back tracker for a triage booking meaning the level 2 dept will be the one to book the unit for service. Unfortunately it wasnt booked and i get the flack for it. TL claims i didnt make a notation that i endorsed it but i said they should check the call back tracker. TL said IF IT'S NOTE ON THE NOTES, THEN IT NEVER HAPPENED.So they didnt even trace if its in the tracker. I have also another complaint against the company. I have a letter of endorsement stating i should receive xxx amount for skills premium but i never received the complete amount. HR claims the amount was just a mistake because client really only gives yyy amount of skills premium. I have filed this to nlrc together with another agent who claims for illegal dissmisal. Should i resign now? Wheb i asked advise fr PAO they said it's my decision but of course you cant file a claim against your company for illegal dismissal. So is that indirectly giving me a tip that i should wait and see if company will do that the file another complaint for illegal dismissal? I'm afraid to do this because i have plans of going back to hotel industry and i dont want a history of being terminated on the other hand someone adviced that i would get more fr claims if i just wait for them to fire me. I was of coursed forced to sign off and agree with the fibal warning but should i write to hr for an appeal?

  33. This comment has been removed by the author.

  34. Hi Sir Ed,

    I Have question po. I'm a regular employee for almost 3yrs in a bpo industry. I was given a verbal warning last feb due to absences last jan. But unfortunately, I suffered migraine and was absent for 3 consecutive days and my son became sick and I was absent again for 5 days. I do have med cert with me to document the absences. I am just worried that I might get terminated when coming back to work. Is this possible?? Below is our attendance policies

    Section II – Covers Exempt & Non-exempt Employees 1.3 Absence It is operationally defined as the unexcused inability to report for work. Verbal warning will be issued to the employee for any unexcused absence. An employee who has earned sick leave (unscheduled leave) credit/s and is absent may still be issued a corrective action for missing work. The progression of the corrective action for absences is found below. Table B.1: Progressive corrective action process for Absences One absence will be treated as one occurrence. Extreme emergency cases will be dealt with on a case-to-case basis and must be approved and validated by the HR Department.
    1st Occurrence Verbal
    2nd Occurrence Written Warning
    3rd Occurrence Final Warning
    4th Occurrence Termination


  35. Anonymous12:01 PM

    Hi Ed,

    I am a contractual employee for 1 year, I started May 2016 and I was terminated March 31, 2017 and the reason for my termination is due to tardiness. Yes, I admit that I was late for the past months of last year but before the year end until march 2017 I improve and no more tardiness. but then again they still terminate me without due process and they only give me 1 week notice. I already have my clearance but they did not give me my last salary, they told me I can get it after 1 month from my last day of work. is this legal?? please help me.

  36. Anonymous11:20 PM

    I didnt report to work for 6 days now. Im working in a call center. Monday I was sick and diagnosed that I have Ulcer . Got medcert for 3 days. After three days still not feeling well cause the pain in my stomach didnt subside. So I didnt work thursday and Friday. Have medcert still. Sat and Sun off. Monday I texted the shiftphone that I cant report cause I have to ran errands in the court and will file Emergency for that with supporting documents. My collegues sent me sms that I was not in schedule for this wee and the status is REFER TO HR.. What does this mean? Does this mean that I will be termintaed?? Also tomorrow tuesday I will also file emergency leave cause have to go back to the court.. ANd will just report wednesday and will secure supporting document just incase they will ask for it. y question is, what does refer to HR means?whats the difference between RTWO?? I dont understand, my Supervisor doesnt know the word CONSIDERATION cause everytime I have to run errands like legal matter, he will fire NTE right away. Disappointing! Please help!


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