tag:blogger.com,1999:blog-8815505.post2254931953106556332..comments2024-03-01T16:52:57.823+08:00Comments on Anything HR by Ed: Due Process Before Firing or Terminating Employment Due to Just CauseEdwin Ebreohttp://www.blogger.com/profile/16821972694832736436noreply@blogger.comBlogger44125tag:blogger.com,1999:blog-8815505.post-58296436524816755532018-07-28T16:31:09.459+08:002018-07-28T16:31:09.459+08:00Hi.Im a call center agent. Im one of the 13 agents...Hi.Im a call center agent. Im one of the 13 agents that were under preventive suspension. We just received our NTEs today. According to them, that we violated the company policy and procedures, specifically on the account processes. We believe that it is not violation since we have calls with this issue that were monitored by our Quality Assurance which they do not address as a violation but only a mark down in our process. Also, our actions that they think is a violation is not even stated that it is prohibited to do in our manual for all of our work processes and procedures.<br /><br />I really need some legal advice regarding this matter for us to defend ourselves during the upcoming disciplinary conference.<br /><br />Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-13300594401584779302018-07-24T17:37:41.939+08:002018-07-24T17:37:41.939+08:00isang public attorney nakausap ko, sa mga case na ...isang public attorney nakausap ko, sa mga case na ganito about work ipasa nalang daw sa dole at mag move on. dahil masisira lang daw ako bilang employee, no recommendation from previous employment.<br />sa part ko naman, ireklamo ko man o hindi ang company sira na din ako dahil siniraan ako, kahit sabihin pa natin na 10 staff lang kayo kapag kumalat yan dadami yan. Still pinaratangan ka pa din without due process within the management. one sided company.lahat na turnover ko ng maayos, pero walang nangyaring due process.<br /><br />#ansakit pero totoo mag move on nalang ako. pakiramdam na hiyang hiya ka sa tuwing masasalubong mo mga kakilala mo doon, at uumpisahan ka sabihan kaya ka tinaggal sa work dahil sa maling gawain. tapos ayon "move on" lang.Sana hindi na maulit na ma degrade ka ng walang equal process.<br />#just saying from the PAO "move on" dahil mahihirapan maghanap ng new work. <br />just saying guys. pero ilaban nyo nalang sa dole ang claims nyo. thanks.<br />paki delete nalang kung hindi kaaya aya. salamat poAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-83541412414011958852018-04-16T23:20:37.755+08:002018-04-16T23:20:37.755+08:00Hello.
I didnt report to work for 6 days now. Im w...Hello.<br />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!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-48620929506232809042017-04-22T12:01:35.148+08:002017-04-22T12:01:35.148+08:00Hi Ed,
I am a contractual employee for 1 year, I ...Hi Ed,<br /><br />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. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-11127942154922024512017-03-17T21:44:13.544+08:002017-03-17T21:44:13.544+08:00Hi Sir Ed,
I Have question po. I'm a regular...Hi Sir Ed, <br /><br />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<br /><br />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. <br />1st Occurrence Verbal <br />2nd Occurrence Written Warning<br />3rd Occurrence Final Warning<br />4th Occurrence Termination<br /><br />ThanksAnonymoushttps://www.blogger.com/profile/01839657722088929329noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-17828361797770755022017-03-17T21:32:18.730+08:002017-03-17T21:32:18.730+08:00This comment has been removed by the author.Anonymoushttps://www.blogger.com/profile/01839657722088929329noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-35302688725810814512017-02-19T03:50:37.544+08:002017-02-19T03:50:37.544+08:00Hope you could give me advice regarding my situati...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? moneymakerhttps://www.blogger.com/profile/07499238074163851098noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-13671705715188243472017-02-13T17:45:54.435+08:002017-02-13T17:45:54.435+08:00Hi po sir end. Ask ko lang po legal advised mo Kas...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.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-45259635540297048522016-03-29T18:54:35.393+08:002016-03-29T18:54:35.393+08:00hellow po ako po c angel secretary po ng isang hom...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<br />Anonymoushttps://www.blogger.com/profile/15289678593563213460noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-65709524452714004842016-02-13T05:30:16.799+08:002016-02-13T05:30:16.799+08:00Hi Edwin. I do have a question for you. I'm a ...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?Anonymoushttps://www.blogger.com/profile/12745679842256269402noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-15058727553747654212016-02-13T05:27:29.312+08:002016-02-13T05:27:29.312+08:00Hi Edwin. I do have a question for you. I'm a ...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?Anonymoushttps://www.blogger.com/profile/12745679842256269402noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-10182300561825248362015-11-18T08:30:38.835+08:002015-11-18T08:30:38.835+08:00For Notice of Dismissal.
I was a regular employee...For Notice of Dismissal.<br /><br />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. <br />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. <br />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. <br />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. <br />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. <br />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.<br /><br />In these case can I file illegal dismissal?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-64584092044372697492015-02-13T01:29:32.107+08:002015-02-13T01:29:32.107+08:00hi po,
NTE for termination n po ung na recive q d...hi po,<br /><br />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.<br />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.<br />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.<br />im on my 11th months after i was rehired,pro ang original hiring date ko po was aug.2013.<br /><br />i need advice po,tnx.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-76102545605850175612014-07-30T11:45:24.976+08:002014-07-30T11:45:24.976+08:00Hi sir,.
Gaming attend po ako sa isang ma...Hi sir,.<br /> 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??Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-91037153530277784662014-06-18T14:32:40.744+08:002014-06-18T14:32:40.744+08:00Hi Ed,
Is there a time frame for the due process ...Hi Ed,<br /><br />Is there a time frame for the due process to take place when terminating an employee with just cause?Ryan Anoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-46694334864079502612014-04-23T17:15:08.425+08:002014-04-23T17:15:08.425+08:00Hi Ed,
I have a question for you. Is there anywhe...Hi Ed,<br /><br />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?<br /><br />- Affected FriendAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-89093339541237335462014-02-03T06:11:11.528+08:002014-02-03T06:11:11.528+08:00Yoi can challenge the termination by going to the ...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.Edwin Ebreohttps://www.blogger.com/profile/16821972694832736436noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-25672157857048678172014-01-31T22:53:43.396+08:002014-01-31T22:53:43.396+08:00Hi Ed,
I actually do not know what is the status...Hi Ed,<br /><br /> 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.<br /><br />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.<br /><br />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.) <br /><br />What would be the next best thing to do regarding this matter?<br /><br />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?<br /><br />I would appreciate the help..<br /><br />Thank youAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-12581349622262108992013-12-13T08:23:58.195+08:002013-12-13T08:23:58.195+08:00Wow, ang lupit naman! I suggest that you give DOL...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 laborEdwin Ebreohttps://www.blogger.com/profile/16821972694832736436noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-64278683400128226582013-12-12T16:47:10.960+08:002013-12-12T16:47:10.960+08:00Good Day! Ask ko lang po sana, I was working for a...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 poNickanoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-22927758486024101852013-07-24T01:26:25.349+08:002013-07-24T01:26:25.349+08:00Tnx po s reply. Wala naman pong money involved. Me...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.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-21226060658482105722013-07-21T08:46:01.843+08:002013-07-21T08:46:01.843+08:00Depending on what she did she can be civilly or c...Depending on what she did she can be civilly or criminally liable if the company decides to litigateEdwin Ebreohttps://www.blogger.com/profile/16821972694832736436noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-33405112303906871682013-07-21T08:44:42.243+08:002013-07-21T08:44:42.243+08:00If she worked for it, then she is entitled to ut u...If she worked for it, then she is entitled to ut unless she has financial accountability to the company that she has to pay.Edwin Ebreohttps://www.blogger.com/profile/16821972694832736436noreply@blogger.comtag:blogger.com,1999:blog-8815505.post-15262226299480782752013-07-19T18:27:10.025+08:002013-07-19T18:27:10.025+08:00Hi kuya, just wanna ask, my sister is currently un...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.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8815505.post-32138345781503078092013-07-19T13:31:29.875+08:002013-07-19T13:31:29.875+08:00Hi. I just want to ask help.
An employee went AW...Hi. I just want to ask help. <br /><br />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. Anonymousnoreply@blogger.com