Constructive Dismissal concept

Constructive dismissal is an employer’s act amounting to dismissal but made to appear as if it were not – a dismissal in disguise. In most cases of constructive dismissal, the employee is allowed to continue to work, but is simply reassigned, or demoted, or his pay diminished without a valid reason to do so.

Constructive dismissal does not always involve forthright dismissal or diminution in rank, compensation, benefit and privileges. There may be constructive dismissal if an act of clear discrimination, insensibility or disdain by an employer becomes so unbearable on the part or the employee that it could foreclose any choice by him except to forego his continued employment. (See Hyatt Taxi Services case, G.R. No. 143204, June 26, 2001.)

Constructive Dismissal and Involuntary Resignation

Constructive dismissal is an involuntary resignation resulting in cessation of work resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee.

In Globe Telecom, Inc. v. Florendo-Flores, it was held that where an employee ceases to work due to a demotion of rank or a diminution of pay, an unreasonable situation arises which creates an adverse working environment rendering it impossible for such employee to continue working for her employer. Hence, her severance from the company was not of her own making and therefore amounted to an illegal termination of employment. (Cited in Francisco vs. NLRC, G.R. No. 170087, August 21, 2006.)

Cases

  1. Diminution of pay. A diminution of pay is prejudicial to the employee and amounts to constructive dismissal. (Francisco vs. NLRC)
  2. Transfer of employee not amounting to constructive dismissal. Transfer of an employee from one area of operation to another is a management prerogative and is not constitutive of constructive dismissal, when the transfer is based on sound business judgment, unattended by a demotion in rank or a diminution of pay or bad faith. (Tan vs. NLRC, G.R. No. 128290, November 24, 1998.)
  3. Transfer of employee amounting to constructive dismissal. A transfer amounts to constructive dismissal when the transfer is unreasonable, unlikely, inconvenient, impossible, or prejudicial to the employee. (Phil. Industrial Security Agency Corp. vs. Aguinaldo, G.R. No. 149974, June 15, 2005.)

Last Edited: Friday, August 19, 2011

Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.
authorized causes, constructive dismissal, grounds for dismissal, illegal dismissal, just causes, Termination of Employment
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254 comments

  1. Gusto ko lan sana itanong kung sino ang mga entiled sa immediate resignation?

    [Reply]

    Ted Ferrolino Reply:

    Kung ang tinutukoy mo na “immediate resignation” ay yung resignation na di na kailangan ng notice o “letter of resignation, ito ang nakasaad sa Labor Code:

    The employee may resign even without serving any notice on the employer for any of the following reasons:
    1. Serious insult by the employer or his representative on the honor and person of the employee;
    2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;
    3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
    4. Other causes analogous to any of the foregoing.
    Please read my post on voluntary resignation for more details.

    [Reply]

    desperate employee Reply:

    Hi Mr. Ferrolino,

    This is my second time to make a comment/inquiry (the first was regarding retrenchement). Anyway, this is just a question regarding item # 2 above. What would be considered inhuman and unbearable treatment? Is it considered inhuman and an unbearable treatment kung ang training area eh maliit lang pero pinagkakasya ang maraming trainees duon? Our training room po kasi was temporarily given to a different account but they’ve been using it for more than six months now. Thus, I’m left with looking for other areas in our office so we can train new hires. Para pong students ng public school na kulang sa classroom ang nagiging situation namin. Aside from nahihirapan ang mga trainers e naaawa rin kami sa mga trainees na nagsisiksikan. Can our trainers resign immediately without the 30day notice siting item # as reason for resignation? Also what does “or his representative” mean?

    [Reply]

    cent Reply:

    Ask ko lang po if micromanaging an employee is a constructive dismissal. Ano dapat gawin po dito? Salamat.

    [Reply]

    Rose Purple T. Reyes Reply:

    I am a business unit manager for ultrasound in the Philippines in a medical equipment company. I have been in the company going 7 years this November, my kidney failed 2 years ago I am undergoing dialysis 2x a week, I am consistent sales performer but the owner talked to me a month ago he said he had complaints from my colleagues that 1.) I was bragging that I was his favorite and I was untouchable. 2) I was scheming?? 3.) I bullied the 17 people that complained me, half of which is not the same department I work in, I have very little if no interactions with them. He removed me from my present position, to show that I was not his favorite.
    Now I go to work doing nothing, assigned me to education center, made up… so i can be transferred. Nothing from my privileges was removed except I am no longer entitled to commissions, because I am no longer in sales. I got an email from the owner again telling me we “need to talk” in this got me anxious? every time i hear that line I am always afraid if i will lose my job…. please advise…

    [Reply]

    Rose Purple T. Reyes Reply:

    please answer Mr.Ferrolino

    [Reply]

    edzel labo Reply:

    Just want to ask if i was diagnosed with adjustment disorder by my neurologist, am i entitled to a separation pay if my doctor advses me to rest further?

    [Reply]

    may Reply:

    hello po. this last april, ako po at isang kateam ko e nawala po sa original position po namin sa company. naka-receive na lang po kami ng email from our team leader sa ibang bansa na hindi na po kami under sa kanya then yung manager na lang po namin dito sa pinas ang magsasabi kung anong mangyayari samin at ano na ang work namin. nung nagusap-usap na po kami ang sabi nya po wala na daw po kaming team meaning wala na kaming work. sinabi nya po na may new work syang ibibigay which is totally different sa dati naming work kung gusto namin pero kung ayaw po namin ok lang. nag-decide po kami nb kateam ko na wag ng tanggapin yung new work dahil wala po kaming alam dun pero nung nagsabi na po kami sabi nya wala daw po kaming choice kundi magresign kung ayaw na namin mag-stay. so natakot po kami at nag-stay at ginaw na lang yung new work kahit wala kaming alam. makalipas po ang 3 months going 4 months, binagsak nya po ako sa evaluation kasi hindi ko po nagawa yung work ko na bago tapos nabigyan pa po ako ng memo for neglect of duties before that. yung sa performance evaluation ko po e 2nd memo ko na daw po yun at kung hindi daw po ako makaka-perform at makaka-bring in ng clients e subject for dismissal daw po ako nun. yung work po na binigay sakin e ibang-iba sa dti kong work tapos po may mga masasakit po syang mga salita na sinasabi sakin para panghinaan po ako ng loob. pasok po ba sa constructivr dismissal yung nangyari po sakin? sana po sumagot pa din kayo. salamat po.

    [Reply]

  2. gus2 ko lng po itanong kng ma consider ba as cons.dismissal ito.

    ni re shuffle po kami, from branch mgr to a compliance officer na hndi nga po alam ng employer ang job description. we have argument on this and the reply of the employer is temporarily detailed lng muna and nagkamali po sila ng pagpili ng position title.

    pwede po ba un?

    [Reply]

    Ted Ferrolino Reply:

    If the reshuffling resulted to diminution in rank, benefits, privileges, etc., then it may be a case of constructive dismissal. Watch out for these indications.
    However, change in the name, designation or title, is in itself not conclusive. And, it’s counterproductive to speculate. Just wait and see and hope for the best.

    [Reply]

  3. ask ko lang po, kasi I experienced na na-Preventive suspension po ako for 1 mo. bec the company accused me (including 12 other people) of manipulating our stats (call center). But we were acquitted. I received the reinstatement letter, indicating that I will go back to my PREVIOUS position (I have a document stating what my position and account is) and that will just serve as a stern warning. But after 2 weeks, I was transferred to another account, without any reason. I didn’t take in calls, so I had no stats na basihan nila para i-transfer ako. They also didn’t process my REGULARIZATION, but I was with the company for 6 mos. and 16 days.I know when I reach 6 mos I’m automatically regularized.
    To top it off, when I resigned (February 2010) due to those circumstances, I received a TERMINATION LETTER (MARCH 2010)from the company!
    I need your advice about this please. Does this fall under constructive dismissal? thanx.

    [Reply]

    Ted Ferrolino Reply:

    You failed to mentioned the ground stated in the termination letter. At any rate, it’s definitely not constructive dismissal since you were already resigned when they terminated you.

    [Reply]

  4. ask ko lang po.i was reassigned last december 2009 to another office.i was from MIS office as a staff going to General Services Office as a staff din.almost 6 mos. na but then i did not receive any job function/description yet.my immediate head doesnt give me any function too as to what to do.would it be a form of constructive dismissal?pls help..thank you!

    [Reply]

    Ted Ferrolino Reply:

    You failed to mention if you’re still receiving salary. But yes, it could be a form of constructive dismissal. Some employer do use such or similar schemes to abase the employee and force him to give up his job. I even heard of a case where the employee was promoted (his salary was even increased), but his new position has no office or function. Constructive dismissal has many forms.

    [Reply]

  5. with regard to my comment po that if i still received salary..yes,im still receiving my salary and complete benefits.but then it seems that i am “FLOATING”employee. so can i file a case against my employer?what should be the best move that i could do?
    thank you so much!

    [Reply]

    Ted Ferrolino Reply:

    It’s best to talk first to the management. For all you know, it could be just a temporary situation. Or, you may also file a case for constructive dismissal and ask for reinstatement to your former position (before the transfer) or for payment of separation pay.
    If you opt for the latter, make sure youo plan your actions carefully. Consult your lawyer. Constructive dismissal is essentially harder to prove than actual dismissal. This is particularly true in your case.

    [Reply]

    Julius Tiberio Reply:

    Good evening Sir, i would like to ask if the trainer is a freelance.. (kasama po b rin s mga benifits cla?? and pwd rin po b cla kasuhan pag may labor case ang employer?? and what can i do for this kind of case?

    Thank you for you kindness…

    [Reply]

  6. Josephine Comment:
    June 27th, 2010 at 04:05 pm

    Ask ko lng po in case company burn out of fire and declare for closure what are the benifit of all workers can get and fight for thier rights

    [Reply]

    Ted Ferrolino Reply:

    You are entitled to separation pay.
    Under the law, in case the closure of business is not due to serious financial reverses, the employee shall be entitled to separation pay equivalent to one month pay or at least one-half month pay for every year of service, whichever is higher.
    If the closure is due to business losses, there is no obligation on the part of the employer to pay separation benefits to employees.
    Note: Fire damage does not necessarily justify closure due to business losses.

    [Reply]

  7. Josephine Comment:
    July 12th, 2010 at 10:32 pm

    If factory burn out in fire and doesn’t have any plan to open new factory instead management offer to transfer workers on their other country branch like china,,
    What is my entitlement to received if my service have 8yrs.
    How about the new contract for new place in other country what all demands I can asking for?

    [Reply]

  8. Josephine Comment:
    July 12th, 2010 at 10:36 pm

    in case management contract offer for other branch in other country is not OK for me,,can i ask them to pay my separation as you mention “”Under the law, in case the closure of business is not due to serious financial reverses, the employee shall be entitled to separation pay equivalent to one month pay or at least one-half month pay for every year of service, whichever is higher.””

    [Reply]

    Ted Ferrolino Reply:

    You are entitled to separation pay. You may not be compelled to accept the transfer abroad if you don’t want to.

    [Reply]

  9. hurting badly Comment:
    July 14th, 2010 at 11:11 pm

    Sir, i work for a vry traditional chinese company. Micro managed and all decisions are coming from the owners, no matter how trivial the matter is. my company is posting a job opening for a position which has a similar job description to my job now. It is just given another name. I am thinking that the company wants to get rid of me because the owners felt i am underperforming. But what they do not realize is they are overloading me with work that are occupying most of my time rendering me inefficient in my primary responsiblities. My work requires me to be in the field 70% of the time but the opposite is happening. i am staying mostly in the office due to several reports requiring consolidation. There had been a couple of times when i am out of the office to do field work but i when i got back i got scolded for traveling. The owner said that i should not be traveling anywhere as there are so many things to do in the office. I am supposed to be handling only one region but because i am based in the head office, i am always asked to consolidate the reports submitted by the other regions. And many other auxiliary tasks. I see it as unfair that they always compare me to the good performances of my collegues in the other regions when in fact, they are focused on their work, while i am loaded with so many other functions. I have talked about this to my immediate superior but he is helpless because the words of the owners always prevail. I am strongly considering the option of resigning as i feel very much insulted with the situation at hand. Is my situation a valid scenario of constructive dismissal? If yes, would it be wise to take legal steps? Please enlighten me. thank you.

    [Reply]

    Ted Ferrolino Reply:

    Constructive dismissal is hard to prove, so plan your action carefully. At any rate, here’s my opinion:
    (1) Hiring of another employee with similar job disciption is management prerogative. It is not a good ground for constructive dismissal.
    (2) Overloading of work could be a ground, but you’ll need solid evidence to prove this. This could be difficult.
    (3) Always comparing performance with collegues, if amounting to insult, could also be a ground. But again this is very difficult to prove.
    So, my opinion is, it may not be very wise at this point to take legal steps.

    [Reply]

  10. Gerald Burchards Comment:
    July 21st, 2010 at 07:39 am

    Hi,

    Would just like some input. I have filed a labor case against my employer for illegal dismissal.

    Summary of the case is that I work for a BPO and after I was accused of an infraction which was completely baseless and I was able to submit my evidence and defend myself during the admin. hearing I was still transferred to a different account which has now lessened my monthly income in terms of bonuses and night differentials as well as added cost for transportation and food. This has lessened my income to 24% of what I would make in a month in my previous account, under the new account I was transferred to I have lost my 2 year seniority within the company and to make matters worst I was slapped with a written warning which makes it virtually impossible to be promoted because the warning was for ‘negligence’ and regardless of the slide back period of 3 months it would forever stay in my 201 file. Under the new account I have also been noticing errors in my attendance wherein approved absences have been tagged unapproved further aggravating my situation since I am now not eligible for monthly bonuses as well as my employee standings has been pulled down.

    After the first hearing last 5th of July, our HR Mgr. then requested the 2nd hearing be moved to the 26th of July instead of the 12th of July as set by NLRC. I was told that they are just delaying the process to find some loophole to legally remove me from the company which would result in the case being thrown away.

    I have now opted to tender in my resignation after the 2nd hearing citing ”constructive dismissal” as my reason because of the current situation I am in. Would this in a way mean that my case would be dismissed since I am not with the company anymore?

    Also the timing of my transfer to the other account was not made immediately when I was being investigated, it was only made after I was under preventive suspension for 20 working days and the client had visited our office. I also questioned their intent to keep with the company since what they did was merely ‘hide’ me from the clients considering that before the clients came there was already a new batch of trainees for the account they then transferred me to.

    Thanks.

    [Reply]

    Ted Ferrolino Reply:

    Your case is really constructive dismissal since there was no actual dismissal that took place. Your transfer to another account, reduction of salary, lost of seniority right, etc., if motivated by bad faith, or done merely to inconvenience you, may be taken as a dismissal in disguise.
    Your subsequent filing of resignation should not harm your cause nor result to the dismissal of your case. First, because it lacks the character of being voluntary. Second, when you filed your resignation, you are already deemed constructively terminated.

    [Reply]

    Gerald Burchards Reply:

    Thank you very much for that clarification. I have now drafted my resignation citing constructive dismissal as the main reason. The 2nd hearing we had yesterday at the NLRC only lasted for 5mins. since the HR mgr. told me that management will stick to its policy of issuing me the written warning regardless of the fact that I was not at fault claiming that the said infraction is already going to be cleared as per the slide back policy of 3mos. from the issuance of the said warning. This was their reply after postponing the 2nd hearing from the 12th initially to 20 calendars after which took them that long to tell me such a simple answer. They have also been looking for means to terminate me “legally” by putting pressure on my immediate supervisor to issue warnings left and right. I have already a new job waiting for me which pays less but at least it would suffice while the case is being heard. Thanks again for your legal advice!

    [Reply]

    Leonel Reply:

    Tanong ko LNG po pag ngsabi ba ang employer n mag dissolve tapos I transfer ka manila to provice eh constructive dismissal ?tska pwede poh ba walang pay slip ang employer ang tanging meron Lang eh payroll ?

    Leonel Reply:

    Ilang days po ba Talaga ang sick leave and vacation leave

  11. Gerald Burchards Comment:
    July 21st, 2010 at 07:45 am

    Also to add to my previous inquiry, I maintained that the system we use always had issues which a fellow agent had provided a sworn statement as well as an email from our client’s IT team even required us to upgrade our system to avoid problems. On the complaint form I submitted to NLRC it stated ‘illegal dismissal’ since there were no other options which would describe my concern. I had also include moral damages, exemplary, nominal, litigation, and attorneys fees.

    I had maintained during the first hearing that my main goal was to have my name cleared and the said warning lifted from my 201 file, reinstatement to the account I was in since I was removed illegally and that I be compensated for damages as well as legal expenses I had incurred to clear my name.

    Thanks again.

    [Reply]

    Ron lapus Reply:

    Hello… I have the exact situation. So in your case you went to NLRC to file your case right? I went to DOLE, my case was closed right away.

    [Reply]

  12. Just Asking Comment:
    July 21st, 2010 at 04:56 pm

    Good Day Sir,
    I’m currently working as Sales Manager for a Filipino-Chinese owned company. My work conditions are outlined below and I would like to clarify if these are valid grounds for constructive dismissal:

    1. I head a SALES department but I am a one man team; no assistants, no staff, not even a secretary. It has been this way since I started three years ago. There are existing sales targets but every time I request for personnel it has never been given. HRD tells me that applications are slow. Yet, when I recommended a person who worked for me in sales in my previous company, he was turned down by my direct superior (VP) as unfit for sales;

    2. My compensation plan included a company car. When tropical storm Undoy in September 2009 damaged it beyond repair, I was initially told that this will be replaced as this was one of the tools needed for me to perform my job. But this decision to replace my vehicle with another was retracted in November 2009 as my sales performance was seen as not going so well. Despite my reason that decreased mobility is affecting my performance, my superior has not acted on this request. When another manager from a different division resigned last May 2010, she asked me to get the vehicle allocated to her as she knows my job function. I presented this again to my superior as this is a very good win-win situation since I can get back my mobility at the same time costing the company no additional expenses. My idea was rejected and the vehivle was assigned to an officer lower in rank and function (a regional manager) who has been using his own car. It will almost be a year now that I make daily commutes to my client calls when I can meet them with the dignity of my position;

    3. In relation to #2, I was given a gasoline allowance of 120 Liters per month. This was a sound concept as it shielded me from gasoline price fluctuations. This, in my historical expenses, amounts to around P4,500 to P5,000 monthly. Without an issued vehicle, logically I can not buy gas to have this reimbursed. My superior pegged the amount of P3,000 to replace this gasoline allowance and termed it my transportation allowance;

    4. I am always in the field 90% of the time to catch my sales quota. I have grown our business from P3M in the first year, P6M in the second year, and even with the above handicaps, my sales are now at P14M for the first half alone. But being a one-man department has its downside; I sometimes fail to get some things done. There are three instances where I failed to process my Daily Time Record on time since I have been catching clients Purchase Orders (PO’s) and as a result, my salary was not released. It is so frustrating to find that after securing sales for the company, you find your account empty and you cannot provide for your family. This happened to me just now on my July 19, 2010 payday and this is the situation I am in.

    I hope you can advise me on my situation and if these are sufficient grounds for constructive dismissal, I would gladly wait for your opinion on how to approach this legally.

    [Reply]

    Ted Ferrolino Reply:

    Personally, I don’t see constructive dismissal in your situation. And unless you really want to terminate your employment and just recover separation pay, it is not really a good option for you.

    As I see it, your situation is more of diminution of benefits than constructive dismissal. It is more likely that the failure of your employer to restore your company car, which expectedly altered your compensation plan to your disadvantage, has resulted to diminution of benefits (than constructive dismissal).

    Given your situation, however, I believe that taking legal action is not your best option (just think about the animosity that could result, not to mention the legal expense and time you have to spend to pursue it). A dialogue with your employer is still your best recourse. And with your skill set (as head of sales dept), you have better chance of getting through than by any other means.

    [Reply]

    Just Asking Reply:

    Dear Sir Ted,

    Thank you for your opinion on my status. I have followed your advise and just talked it through with my boss just now. But now, I am in deeper straits than before.

    When I asked that my benefits be restored so I can go on full capacity and meet my goals, I was turned down and subsequently was asked for my resignation! I am given until end of this week to hand over my resignation as the management said that they are letting me go since I have not met the stated targets. When I informed them that the reason for this is my decreased capability and that support was not given, they brushed these off aside and told me that numbers do not lie and that I did not meet the required targets. I have sales projects in the pipeline and they still did not consider this as they only see the actual sales that were done for the first half of the year. This figure is admittedly lower than half of my current year’s budget but they do not consider giving the support I need to do the job and to top it off, they are seeking for my resignation as soon as possible.
    I hope you can enlighten me further as I am really at a loss to what I should do next. It is my gut feel that something is wrong here but I do not know how to proceed.

    Thank you again and your reply will be eagerly awaited.

    [Reply]

    Arnil L. Contridas Reply:

    Good Day,

    Ask ko lang if how many day off required by law in every month, im a security guard my day was 3 to 4 days every 15 days due to reduction of post, but the contract i was signed to my agency is 2 days day off every 15 days.Can I filed a case to my agency ? What case could i filed to them.

    [Reply]

  13. Saddened Husband Comment:
    August 9th, 2010 at 06:45 pm

    Good Day,

    I used to work in the sales departmet of a large multinational company with my wife who is a recently promoted manager at the marketing department. I transfered to another company which the company deemed as a competitor. They cited a conflict of interest with the situation because my wife is considered a confidential employee. They have decided to transfer her to the sales department and will transfer her to a location where she has to relocate far from our residence and our young child. She will be given a raise, but her status will be as a territory manager, traditionally this is just a title and she will be percieved as demoted. She took the marketing job because it was office based and close to our residence and because marketing was her expertise. She does not want to relocate and does not want to be in the sales department as this is not her expertise. She deems her new job unbeareble and would rather resign. Can this be considered constructive dismissal? She really loves her job at the marketing department, does she have grounds to ask stay at her old job, if not what can you suggest we do so that she not be transferred to sales and be forced to relocate? Please advice. Thank you.

    [Reply]

    Ted Ferrolino Reply:

    There may be constructive dismissal in the case of your wife. The reason is not so much on the transfer (because transfer of employee generally falls within the broad sphere of management prerogative) but on the perceived demotion in rank. Unjustified demotion in rank could amount to constructive dismissal.

    Generally, an employee can be forced to transfer. If the employee refused, he/she could be terminated on the ground of disobedience or insubordination. The same cannot be said of demotion. Obviously, the employee cannot be forced to accept a demotion.

    Now, as applied to your wife: if it is a valid transfer, she can’t refuse it; If demotion, she can. In the end, the issue will boil down to whether it is a valid transfer or it is a demotion.

    (Just a note. The offered raised in salary can be a handy defense for the employer to negate demotion.)

    [Reply]

  14. Charles McBrian Comment:
    August 10th, 2010 at 12:46 pm

    Good Day,

    Gusto ko lang po itanong kung ito ay under ng con. dismissal? Kung mag resign po ako sa company kasi hindi ko na po kaya yung mga pinagagawa nila. Nagwowork po kasi ako sa call center. Ang sabi po ng management e over staff daw po ang account kaya sila maglilipat ng ibang agents sa ibang account. Marami po ang nalipat at marami na rin ang nagresign kasi ayaw nga po nila sa pamamalakad ng management. Yung trabaho po ng ibang department ay sa amin po pinagagawa, pinu force po nila kami na gawin yun o magtake ng calls na out of scope po namin kasi kulang na daw po ng agents.
    Nakaka stress po na ganito and scenario namin everyday. Nagkaroon pa po ng issue na we’re manipulating our stats kaya tumataas ang percentage ng team namin, samantalang sila po ang nag-release ng communication na yun ang dapat naming gawin. Napaka inconsistent din po ng management sa pagbibigay ng criteria sa mga incentives, eligible ka nung una tapos mag rerelease na naman po sila ng bagong criteria na magdidisqualify sayo. Marami po ang nade demotivate kasama ako, kaya gusto ko na po magresign, dinadagdagan po nila ang trabaho namin yet di naman tinataasan ang sweldo. please advise po.. salamat ng marami.

    Charles Mcbrian

    [Reply]

  15. pianne mendoza Comment:
    August 14th, 2010 at 02:49 pm

    ask ko lang po kung pwede po ihold ng employer ang sweldo ng empleyado upon na suspend po sa work.???ung remaining days po ba nya na pinasok pwede po ba un ihold ng employer nya ??

    [Reply]

  16. I am working as a team manager.I had an excellent performance in our company and always hitting our sales target but unfortunately one day my Boss called me to drop by in the office because we will be discussing my transfer because before i talked to my boss if it possible to request for transfer since i’m not happy anymore of what’s happening to our account kasi sobra nang namemersonal ang pinakaBoss namin.Obvious na ang pagiging bias nya at pagwawalang bahala sa amin na mga tenured coaches. Mahilig cyang mambara at magparinig during meetings.As we go back po sa transfer sinabi ko na ok lang na matransfer as long na may siguradong malilipatan kaso wala silang masagot na clear picture.Nakaplano na pala na ako ang ililipat nila.Sabi ko on what grounds kasi daw tenured na ako at madali akong maimarket sa ibang account ang kaso po yung nauna sa aking tinanggal nila until now floating mag 3 weeks na. hindi nila inaacikaso at ang problema po ginagamit nila ang VL namin without our consent. Decisyun po daw yun ng management at karapatan nila.Ang quetion ko lang po ay parang ginagawa nila sa amin ng pagtanggal sa account ay walang basehan at ilalagay ka nila sa floating status ng walang depensa.Anu po ba ang totoong definition ng Constructive dismisal.Hope i can hear some advice from you because we can sense that there are violating some of the employees rights and benefits.

    [Reply]

    Nimfa Reply:

    In addition po sa concern ko before the conversation with my Boss bigla nila akong tinanggaln ng team without notice.Nung Kinausap din nila ako gusto nila immediate na wag na akong pumasok. Tama po ba yun?

    [Reply]

  17. Hi Mr. Ferrolino,

    I’ve been working with a MNC for 10yrs and handling a Sales position at the moment. Last month one division announced that it will be closing their operation in the Phils, this div apparenly acts as a host to other smaller dvisions in the company( this includes the div where I belong)These smaller div mainly does Sales .

    They will maintain a representative office for the remaining small divisions but it will be under a NEW Company name wherein NO Sales/income generating activities will be done.

    My concerns are:
    1.My Job title and Job description will be changed as they will remove any Sales related activities on it .

    Although all the benefits are the same,and make look like having lesser work, honestly I will not be comfortable with the new job scope as there is no clear career path in this sense.

    Do I have the right to ask the Company to include me
    on their severance program instead ? ( The company pays higher than what the Phil Labor dictates )

    2. If the Company denies this request/appeal , can I seek legal assistance ? If yes, where do I file the case ? is it legal to still work with them while the case is still being heard ?

    Does this qualifies for constructive dismissal?

    3. If the Company agrees , am I entitled to get the same severance package as with the rest of my
    co-employees ?

    Hope you could enlighten me on this as their target closure date is near .

    Really appreciate your legal advise.

    Thank you.

    [Reply]

    Ted Ferrolino Reply:

    It is best to ask your employer first who are covered by the severance program, and what are the qualifications for availment. Also, ask if they offer the same option for employees who, although not covered, will choose not to be retained.

    [Reply]

    Shie Reply:

    Hi po! I working as an crewing officer. Ask ko lng po what if my crew ako n my pending case sa amin and one day i received a call for employee verification which nag-apply pala yung crew. Ano po bang best or dapat ko isagot? Thanks!

    [Reply]

  18. Rico Salcedo Comment:
    August 25th, 2010 at 10:27 am

    Hi Atty. Ferrolino,

    I worked as a waiter for a restaurant. After 10 months of employment with them (which i believe makes me a regular employee), they asked us to sign a contract which makes us casual employees. They said that my pay and benefits will not be affected. I did not sign the said contract. can i file a case for constructive dismissal? and if i file my case with NLRC, am I still required to report for work?

    Hoping for your reply,
    Rico

    [Reply]

  19. Ted Ferrolino Comment:
    September 2nd, 2010 at 01:13 am

    You cannot be forced to sign a contract downgrading your employment status from regular to casual. That would be constructive dismissal.
    You don’t have to sign it. If you are forced to do so, you may file a case for constructive dismissal.
    Meanwhile, unless you are prohibited from doing so, you may continue to report to work so you can continue to receive your income. (Often, filing a labor case results to strained relations between the parties. Berating, verbal abuse and threats of (even actual) bodily harm are common reactions. Stop reporting if you are subjected to any of these.)

    [Reply]

    Rico Salcedo Reply:

    Thanks atty for your reply. i have not signed it yet. but can i file a case of constructive dismissal even without having such document signed yet?

    [Reply]

  20. Hi Atty Ted Ferolino,

    I was hired by a multinational firm to form a Philippine accounting/finance team way back in 2008. This team shall handle overseas operations later on. The set up was completed and everything is functioning well since. I report directly to the SVP based in our US head office. Just last week, the management has informed me that the company hired a person to be the head of Finance for Asia Pacific. I was also told that I will be reporting directly to this person (VP) with immediate effect and not to the SVP in US anymore. This development came as a surprise to all of us in the finance team since no communication was made about this development in the past. I do not have a problem with this development even if the VP is now doing the same works that I used to do. However, just after five days of the VP in our office, I was being encouraged by my new boss to consider my options with my employment in the company citing that there are more companies that I could be employed. The new boss gave me one (1) week to consider my positions. I told to my boss that I will think about the suggestion. When I asked why the suggestion, my new boss told me that my performance did not meet the US expectations. This was not communicated to me in the past since there was no performance evaluation that was made then. I can see that our work description is now identical and I believe that my services is no longer required by the company based on this development. The new boss also informed that drastic changes will be implemented immediately regardless of my decision to go or to stay with the company. I am leaning to go but I would prefer a graceful and peaceful exit. How can I negotiate my exit from the company. Is there a valid ground for me to ask for a severance/redundancy/separation pay? How much should I ask for? Is there a ground for a constructive dismissal? Thank you very much for your advise.

    [Reply]

    LJ Reply:

    Hi Atty,

    Good Afternoon!

    May we request for your legal opinion with the following;

    Scenario:

    I was on maternity leave for 2 months, from July 21, 2011 to September 21, 2011. On july 25, 2011 there was a rumored information from main office that I will be no lnger hold the interim positions of HR Manager. and it was publicly annouced in the meeting at mabalacat last 2nd week of september that the newly HR Manager shall be the ISD Manager without my knowledge.

    Then, on september 19, 2011 there was an office order memorandum circulated in the office that I am transferred as CORPLAN Supervisor, effectivity date is also september 19, 2011.

    I am almost 18 months holding the functions of interim manager for HR without any increase on salary rate of the manager my rate remain supervisory rate only an allowance of P1500 reresentation and P1200 communication allowance. Prior to my interim function from January 8, 2010 to Septmber 18, 2011 , my former supervisory position with an allowance of P1000.00 comunication allowance and P1000 representation allowance. However, on Septmber 21, 2011, I was given the copy of the office order circulated last september 19,2011 as CORPLAN Supervisor but not in within the approved plantilla position and consider floating status and there was a reduction of my allowance. from P1000 to P 800 communication and P 750 representation.

    Querry:

    1) Is it legal that I will be reassigned with the same supervisory capacity with reduction of benefits?
    2) Does my case can be considerred under redundancy since I am holding the interim HR Manager and it was given to the ISD Manager, there is already merging of functions. Can I apply for a redundancy? aince it is already occupied by the ISD Manager?
    3) Is it legal that I claimed the supposedly salary rate of the manager from the time I was transferred as interim Manager?

    Please advise. Awaits reply.

    Respectfully yours,

    LJ

    [Reply]

  21. Hi Atty Ted Ferolino,

    I am part of a senior management team in a call center where part of the practice is using funds alloted initially for performance incentives be used for team buildings instead.

    This instruction or process was communicated and handed down to us by the former general manager and ceo of the company. However currently, both of them are no longer in the company and now the senior management team is being singled out one by one, auditing us for the said procedures that they are now saying should not have been done.

    Basically our defense and explanation in summary is that we are following orders and instructions of the former heads of the center. But since they are no longer here, we are the ones that are being harassed. I am now on preventive suspension for dishonesty. I think what they are saying is that i should have reported these events and not participated which i find unreasonable as there was no clear established process on these incentives and who could have we reported this to? the order and the instructions came from the top? Just because they’re not here, they are coming after us. There are even rumors that they have started interviewing candidates to be our replacements.

    Do we have a case here? or just accept what the current management is doing now just because we followed orders from the previous heads?

    [Reply]

  22. Hi Atty. Ted Ferolino
    I’m currently in a situation wherein I am being relocated to plant premises in the province. I was hired in 2008 in manila office and for the past years I’ve been travelling and staying in the plant between 3 days to 2 weeks (depending on the situation) with free airfare, board and lodging . With the new management now, I received an email dated Sept. 30, 2010 that effective October 1, 2010, I am now a plant based employee. I was not previously consulted on this nor any written consent was secured prior to the announcement via email (cc management staff). In fact, we had series of email exchanges on this clarifying the matter. Bottom line, I will be a plant based employee already removing my free airfare, board and lodging which I previously enjoyed as a manila based employee. Plus there are emotions involved since I have a family here in manila. I believe this is a constructive dismissal. I don’t know what should be my next move. Please advise.

    [Reply]

  23. Hi I would want to seek for your assistance on this.

    I was promoted last 2009 as a team leader, meaning im in a managerial position with no OT pays and holiday pays, that would be fine with me since thats a protocol when you became a team lead, this year, 2 of me fellow team leads has resigned and our management did a restructuring, no more team leads but team coordinators which is a bit similar as a senior associate, still they have ot pays and holiday pays, now, i was told by my manager that i will be signing a contract stating that i will be shifted in the position of team coordinator and i will be having my ot pay and holiday pay though no changes in my salary will be done. can you assist me on this? i think this will be a demotion since they have said to me that team coordinator is not parallel to team lead.

    thank you so much and i will wait for your reply.

    thanks!

    -charm

    [Reply]

  24. bobby regalado Comment:
    November 6th, 2010 at 12:56 am

    hi sir, isa po ako vip security driver. sinuspinde ako dahil may bulilyaso ako tinanung ko kung hangang kailan e tetext na lang daw ako. nang last day of september 2008, 1st week of december that year. wala pa akong natatangap na text so ako na ang kumontak at pinag report naman ako tapos may bago nang case na dapat ko daw ipaliwanag tungkol eto sa voucher at recibo na may ginawa raw ako anomalya tungkol sa gas na nang gamit ako nang iba name at nag ka pare ako ng 500. sa hindi ko talaga maintindihan ng imbestiga raw sila at sa nalaman ko na isa sa kasamahan ko driver ang nag imbestiga at umamin na daw yung gas boy na kinukuhanan ko daw nang resibo at handa sila iharap sa akin nung hinanap ko yung gas boy na umamin daw na ako yung kumuha ng resibo nung ng harap kami ay hindi ko naman kilala at ganun din naman siya sa nalaman ko pa ayon sa gas boy na ako raw kasi ang dinedescribe nung kasama ko na ng imbestiga sa akala nay na wala lang sinakyan sakyan nga lang daw nya. ngayon nung ibinigay ko na ang aking nalamang impormasyon ipinag bigay alam ko sa tao ng suspinde sa akin upang malinis ang name ko sa ibinibintang sa akin subalit wala ako natangap na anumang paliwanag matatawag po ba illegal suspension at constructive dismissal ang kaso ko po thanks.

    [Reply]

  25. lilibelle caronongan Comment:
    November 23rd, 2010 at 03:47 pm

    We have this company policy under the grounds of immorality that when our female employee gets pregnant out of wedlock and also when our male employee impregnates his partner out of wedlock, they are ADVISED TO RESIGN.When they marry their partners, they can re-apply and it depends on the management if thy will be re-hired. because most of our employees are so naive, they also tender their resignation letter. As I belong to the management but I am not sold out with this policy, I just want to clarify if this is equivalent to constructive dismissal. What if the employee will not tender his resignation letter?

    [Reply]

  26. rona karunungan Comment:
    December 1st, 2010 at 03:39 pm

    Sir, i am an Admin officer of our company. We have an employee he is a branch manager and we recently found out that he has been committing offenses and wen we asked for a written explanation, he confessed doing the said acts. However, before we can impose a penalty, he resigned. Hndi po rin naman kc punishable ng dismissal ung offense nya. Ano po ba ang mga remedies available for our company to make him liable even if he already submitted his resignation? tnx.

    [Reply]

  27. jean manahan Comment:
    December 7th, 2010 at 04:23 am

    I would like to share my experience with my company, i just gave birth in a caesarian operation last july 2010, sept 2010 back to work n po ako sa morning shift, tapos after 1 week bigla n lng po akong transfer sa nyt shift.. i made a request letter n temporarily wag muna akong itransfer sa nyt shift because I was nursing my baby and the fact that i had a CS operation.. pero dineclined nila un letter ko (personalan n tlga) i went to DOLE and ask for some help, the company shows discrimination po sa aming mga babae lalo pat kapapanganak ko lng po.. im still waiting for the hearing sa Dole calamba.. malakas po ba laban ko? I’m still working p rin po sa company para d mabalewala yung case na cnampa ko.. in case na manalo ako, bukod sa separation pay, pwede rin ba me maghabol sa danyos? kse emotionally tortured po ako sa office dahil sa harrassment n ginawa ng mga officemetes ko na tuta ng boss namin para lng pilitin me mag resign..

    [Reply]

  28. Atty. Separation pay can be granted to the employee if proven to have constructive dismissal, closure of business do to bad faith… I am going to resign because of # 1 lack of benefits, # 2 no promotion which they only give to whom they like to without any standards or handed down requirements in short no process. Can my #1 reason in resigning be covered in constructive dismissal? because we have been asking for increase and benefits but they can’t give due to lack of profit as what they are always telling us? What are the things, aside from what is written on contract, I can recieve legally? Do I need to expect?

    [Reply]

  29. an employer found picture of an employee in the computer situated in a staff house. the pictures were very sexual in nature and very indecent. the employer asked the said employee to explain. the employer initiated an administrative investigation but while waiting for the result, the employee resigned because he was promised by his immediate boss that all the commission he had worked will be given to him. the employee did not want to resigned and wanted to wait for the result of the investigation. but because of that promise he resigned. the employee wrote a resignation letter thanking the company but on the second part of the resignation letter he indicated there that there is a commitment by management that the said commission will be given to him. this document was signed and accepted by his employer. however, after several months upon his resignation, that promised was ignored and the employee was left penniless for not even his last pay was given to him. Is this an example of a constructive dismissal?

    [Reply]

  30. im an employee in an engineering firm here in makati philippines. it was May 2008 when i was hired in that company and they gave me a salary of 9000 php per month plus a transportation allowance amounting to 3000 php.But then it was last November of 2010 when my employers decided to deduct 1000 php from my transportation allowance without any good reasons at all. I just wanted to know is it possible that my employers will deduct any amount to my allowance whenever they want?

    [Reply]

  31. Sir Ted,

    Good afternoon!
    May I know if an employee (allowed to resign by manager), could use her coop money (hold by company’s sister company) and even her last salary and hold commissions to pay her accountability in the company? Could the sister company issue the check to the sister company (employer of the resigned employee)?

    Thanks in advance, hoping to know how the company could get the money used by the previous employee.

    [Reply]

  32. Good evening Sir,

    I am a government employee. Does constructive dismissal also applies to us? In case we do, please comment on this scenario:

    1. A municipal building renovation is going on and upon verbal instruction of an OIC some employees were transferred to the market place where the place is not conducive for working, hazardous to health and not safe because of the presence of a powerhouse inside the working place. The employees received a Memorandum Order in this form:
    — In line with the renovation of our municipal hall and in order not to hamper the delivery of services efficiently and effectively collect taxes and revenues, you are hereby ordered to perform the related activity within the public market, to wit: etc, etc….
    —This order shall take effect immediately and supersedes all other orders inconsistent herewith unless otherwise revoked.
    —For strict and immediate compliance.
    Signed by the OIC Treasurer
    Noted by the Mayor
    Copy Furnished: all employees concerned

    2. Sir, as I understand in the memorandum, it only states the activity that the employees had to perform and that there’s no statement in there that specifically states that the employees will stay in one office located in the market place in the course of their performance 8 hours a day for 5 working
    days. Is my understanding right sir?

    3. If there is violation to this,what necessary course of action can be done in order to correct such situation sir? Re:the unsafe working area; the ambiguous memorandum; authority of the one giving the memo; the furnishing of copies limited only to the personnel involved, while the Human Resources Dep’t and the Office of the Mayor has none.

    I’m hoping for your kind and immediate response regarding this matter sir.

    Princess

    [Reply]

  33. ask ko lang po kung ang rate ko nung oct 2007 ay 287.11 daily pa ko nuon tapos nung ginawa nila ko monthly rate na 8,455.83 365days ang computation naging 278 na lang ang naging daily rate ko pwede ko po ba i file ang case na ito sa labor.
    tapos may mga nagttxt sa may-ari ng kumpanya namin ng mga masasakit na salita at ginamit ung pangalan ko nagagalit sa kin ung may-ari kahit sinabi ko na hindi ako ang nagttxt ng ganun sa kanila. may mga salita sila na pinababantayan ako at oras na may makita grounds iteterminate agad ako. sinabi din ng manager ko na mas mabuti pang magresign ako kaysa dito na pinag-iinitan ako. ano po ang pwede kong gawin para sa aking proteksyon? natatakot po kasi ako na baka i frame-up or gawan na lang ako ng issue para matanggal. 5 years na po akong sa kumpanya.

    [Reply]

    Ted Ferrolino Reply:

    Kung yung manner ng computation lang naman ang problema, at wala namang kabawasan sa take home pay mo, walang problema. Hindi ito matatawag na diminution of pay.
    Sa pangalawang tanong mo, una, hindi mo kailangang magresign. Sayang din yung five years in service mo pag ginawa mo yun. Hindi ka naman pwedeng basta-basta lang iterminate ng walang dahilan. Kung gagawan ka lang ng mali na hindi mo naman ginawa, maari kang magfile ng illegal termination against sa employer mo. Kung talagang ang plano nila ay hanapan ka lang ng mali, dapat doblehin mo ingat sa trabaho mo. Madali kasing humanap ng mali. Dapat lahat ng transactions mo na related sa trabaho, lalo na kung may perang involved, ay suportado ng mga written documents.

    [Reply]

  34. kinausap po ko ng admin nmn n ita trasnfer ako s ibnag office location, if ni refuse ko, better daw hanap nko ibang work..o kng tangapin ko man,pwede p rin daw ako hanap ng iba. na dissolve kc yung deptment nmn, pero ako lng ang walang napuntahan within the same division.would this be considered constructive dismissal.medyo nakakapanlumo po kc 10yrs nko s company,parang wala nkong silbi s knila

    [Reply]

  35. I have been working as an HR Officer in this company for a year now. During the time I was employed was also the first time the President’s wife came in the company and acted as Operations Director, who is totally inexperienced in any office work or setting. But that is totally acceptable to all of us working. But eventually, she had been showing unreasonable attitude, and reacts to almost all work related matters she doesnt understand and disapproves things on her whims and caprice. And so, everything at work goes by , employees keeping their patience at her. Until a time came when I have been coordinating most of the time with the President, since I am the HR Officer, most especially when the Admin Officer resigned, again due to the OD’s behaviour. The thing is i love my Job, doing what I am doing right now, though the company is currently at rocks, Ive been working so hard, and my Boss trust me so much. And there is no way that me and my Boss had been unprofessional to each other. for almost a year now, shes pestering me with her jealousy over me and my Boss. Posting status messages on skype(our medium of communication in the office) saying I do not deserve a salary of 14K because I work slow…storming in the office to confront me of rumors that are baseless….sending skype message saying she hopes me and the Boss will work out together, thanking me for always being there for him and being sweet and nice employee..forwarding email threads of their fight….asking me in email if I asked my boss for a salary raise when I received a raise…. aside from many things she told our staff which she regards as her personal assistant, of how much she hates me and that she does’nt trust me around his husband. She even asked the staff to relay a message that she hates me so much. Ive tried to settle things with her, and it would end up like everything is okay. Recently, the staff told me that the OD will come back to the office after her maternity leave, to do things that will make me resign.

    I couldnt resign at the moment. I had plans before that I should just get out because I do not have to put up with that,and with the skills I have I know I could easily find a job. But I just found out that Im pregnant, and there goes my plan…

    I intend to file a case. That is if she did make my life difficult. At this point, I am just not sure on what grounds or if I have a chance in any case. Please help

    [Reply]

    Vivian Reply:

    Hi, may not be a full atty right now but I can’t help but answer this particular inquiry. I just want to advice you to keep all the skype messages, emails, screen shots of messages as well. You can use these just in case. Same thing that you should do in case the wife comes back and try to make your life a living hell. Be prepared and collect all the pieces of evidence you can find. It would be nice if some co-employee can corroborate and make a statement for you, but I doubt it. But you are an HR officer for crying out loud! You should know how to protect yourself. Question though: does the boss (husband) knows any of this?

    [Reply]

  36. sir,

    i manage a family-owned sugarland business estate which employs seasonal and regular workers in bacolod. during the off season, i am in manila and only regular employees are left for maintenance and regular work in preparation for the next harvest season.

    my uncle, one of the co-owners and former administrators of the estate but is not currently active in its operations, does not like two of the regular employees because they would not take orders from him but only from me. one is the tractor operator who is very essential during the harvest and planting season, the other one is the livestock and garage maintenance man. he padlocked the gate of the work premises and with the assistance of his personal worker, only allows chosen employees to get in, barring the 2 that he does not like.

    what are the rights of the two employees? what should i, as manager and co-owner of the estate do in order to allow the employees to come in? what documents should be prepared? the employees fear they will be brought to the barangay hall for questioning if they insist on entering.

    is this constructive dismissal?

    thank you.

    [Reply]

    Ted Ferrolino Reply:

    The employees have the right to continue to work and earn their wages. While they cannot force their way inside the company premises if they are prohibited from entering, they have the right to file an action for constructive dismissal. Probiting the employee from entering the company premises amounts to constructive dismissal.

    [Reply]

    Obiter Dictum Reply:

    hi Sir Ted,

    gusto ko lang po magpasalamat sa inyo sa mga reply nyo dun sa mga comment ng mga nag i-inquire with regard to legal matters. Mabuhay po kayo Sir Marami po kayong natutulungan na tao. God Bless you and your Family.

    [Reply]

  37. good day sir,

    I would just like to ask. I filed an immediate resignation due to health condition. Nagpresent ako ng medical certificate from an accredited doctor of our company’s health insurance. I was advised to take a rest for 30-45 days or until full recovery. Ang sabi po ng HR nmen need ko daw po paconsult sa company-appointed doctor na hindi nman po accredited ng health insurance namen pra daw po mapatunayan na i’m not fit to work kahit po ang pnresent ko na med cert is for operation na po talga..He will be back by next week at nirequire po ako magreport to work until mkapagpacheck up po ako dun sa doctor nla kung ndi daw po ako mkikicooperate at magpatingin sa company-appointed doctor (which is by the way pinsan pla ng manager) ndi daw po ako macclear.. is it possible po ba na magfile ako ng complain against my employer since its a serious health condition and they are threatening me na ndi ako mcclear kng ndi ako mkkpagcooperate.. until now they want me to report to work..kaya nga po immediate resignation ko kc ndi ko po kaya magrender pa ng 15-30 days pro prang ngrerender na rin po ako kc require ako pmsok until mkapagpacheck up ako sa doctor nila..

    Ano po bang possible action na pde ko gawin?

    Thank you

    [Reply]

  38. I work in a call center, and recently last March 01, 2011, I received a notice of suspension for 30 days due to EXCEESIVE ACW which fall to the criteria of the company policy to CALL AVOIDANCE.which on my part cannot be considered as call avoidance. I went on trial, but the management did not considered my part,obviously they were biased there is no further investigation,they just sticking to what the QA (Quality Analyst)was saying.Instead of correcting my mistake since I was just 3mos employed the QA was just counting down my mistakes.I did not received a written warning,automatically suspension to dismissal.They were asking me to file a resignation letter which I refused, I also refused to receive the notice of termination,because I am planning to seek for a legal advice.

    [Reply]

  39. hi sir,
    i work in a shuttle service and i am receiving a monthly salary of 9000 and i only work for 8 hours a day,and they computed by daily rate in 365 days so my daily rate is 295.89 only,now my question is am i required to pay income tax since my daily rate is 295.89 and the minimum wage is now 315/day?

    [Reply]

  40. hi sir,

    i have a question, i filed a leave sa company for 5 days last nov 2010, for march 3-11 so kasama ung rest day mga 9 days akong mawawala sana sa company, kaso they did not grant my leave and ang masama pa dun 24hrs before my flight wala pa akong response na nakukuha sa company, and before i leave the office pinag mumura ako ng account manager and pinagsabihan ng masasamang salita. and even yung posts ko sa socail networking about my intent to resign pinakikialaman nila, i am willing to submit a notice of resignation,para makapag comply ako sa 30 days pero sa ginawa ng manager namin, tama ba ung hindi na ako ng bigay ng notice for my intention to resign, ung pang mumura nya ba and masasamang salita papasok ba sya dito

    The employee may resign even without serving any notice on the employer for any of the following reasons:
    1. Serious insult by the employer or his representative on the honor and person of the employee;
    2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

    hindi naman sana ako mag iimmediate resignation kung hindi niya ako pinag mumura at pinag sabihan ng kung anu ano. will be waiting for your reply po sir

    [Reply]

  41. Hi! Just want to ask if a company announces stop selling for its sales people due to pending transfer of its operations office. Employees are being paid their usual salaries but commissions have stopped since no selling activities. Sales People are beginning to hear nasty comments from other Departments that sales people are “lucky” for getting their pay without working. It is very demoralizing. The Company said that it may announce early retirement but its been 2 months since that meeting and nothing has happened. We already met with the CFO and eh said this takes time since they need to file notice with Labor Dept. We have a feeling they want us to resign on our own so they wont pay any separation pay. Some already opted for that when they cant bear the situation and got tired of waiting. Some employees from other departments were already offered separation pay six months ago (September 2010). Even our VP for Sales got separation pay when he was asked to leave last year. We feel that we are left behind to do odd jobs like helping in collection, customer service when this is not the job we applied for. Can we do anything?

    [Reply]

  42. James Lee Comment:
    April 6th, 2011 at 02:46 am

    Hi I am currently working for an american company here in makati for 8 months, This is my problem last week my manager talked to me and told me that my supervisor which i report directly from the states told him he does not like my work and told me that it is not working out, he told me that if its ok that he would give me 1 month of my salary with deduction from tax, healthcare, pag ibig the regular deduction in two seperate checks even if I do not came in to work If I resign or another option is I to undergo a “Performance Improvement Plan” but even If I do pass it wouldn’t matter cause It still would not work out & I would still get Terminated, I then egreed to the option of resigning & told him I would just be passing my resignation Letter by the end of the Month but then they said that I should pass my resignation first before they are going to pay me in two separate checks. It got me thingking on what they are trying to do to me so I did some research & found out they cannot terminate me with out cause so on monday I returned to the office & told them that I would not be resigning they told me then that I would under go the Performance Improvement Plan, The thing is this now that I know that they are planning to terminate me even though I pass this Performance Plan which is designed for me to fail from the very start what can I do? Can I file a case & win? What are the chances of me winning? By the way I have been working for 8 months here with out any Performance appraisal that should have done to me before my six month which I also heard that I will be appraised this week & I do know they are going to be apprasing me as badly as thay can. I havent signed anything yet. What should I do now so that when they do fire me I would have a strong case againts them.I am afraid that they will make up stories make it harder fabricte things & gather evidece againts me in order to terminate me. Also can I file any seperate case againts my manager also a foriener He calls me Gay, saying stuffs like you want me, Do yo like me to bend over stuffs like that he also once distributed some porno graphic materials, also sending web links of gay or pornagraphic materials in chats Although these are meant as Jokes. I would like to file these cases againts them to inflic maximum damage because of what they are trying to do to me. Thanks!!

    [Reply]

  43. 1) March 1, 2011 – I went to office and to my surprise my computer was not working and continuously beeping. I reported this immediately to the CSD Department and to my shock, the RAM was missing. I informed the Admin Department that the RAM was missing and I was told that this will be investigated.
    2) March 2, 2011 – The Bosses of the company were concerned because of the RAM which was stolen and the security within the company was discussed.
    3) March 8, 2011 – I receive a memo from the management which was asking me to explain 1) where did I get the files aside from my personal files; 2) who authorized me to get the files.
    my explanation was : 1) the files were already in my computer when it was turned over to me by our Computer service department after their re formatting process; 2) the computer assigned to me was used by 3 other secretaries of the company who resigned; 3) that I did not copy the files or get the files for any malicious agenda; 4) that I did not do anything on the files even if I saw it in the local back up d://

    4) March 17, 2011 – I receive disciplinary action from the management which is : “ to giving into consideration as well as statement of the persons involved, reveals that you had some confidential files inside your computer but you did not bother to report to Management which is a violation of our company policy under Rule No. E. 2 “ Unauthorized and unjustified possession of company records and documents’. Such act is inimical to the interest of the company, hence, subjected to appropriate disciplinary action. In view thereof, you are hereby given a disciplinary action of three (3) days of suspension.”

    5) March 22, 2011 – I appealed to the management to re asses and re evaluate my case because I believe that I did not do anything to harm the company and that the violation given to me was not applicable and that 3 days suspension is harsh.

    6) April 1, 2011 – their response was firm of suspending me for 3 days.

    Meanwhile, Last dec. 25, bonu giving. our xmas party ended at 7pm and then bonus giving. to my dismay and disappointment. I waited for my bonus to be given to me until 9:30pm where everybody had done home and the HR manager is going home already. not until i called her attention. They processed my bonus as they claim. but the real score was. My previous boss have my bonus but as he claimed he had forgotten me… absurd because i am not a new employee/ i have been with the company for 5 years.

    I am planning to give resignation letter and state that i am forced to resign due to this unfair treatment and judgement of the management. Can i file for constructive dismissal and illegal suspension. is there a posibility of winning on this. i feel that the management doesnt want me in the company anymore. AND THIS PARTICULAR BOSS HAS BEEN TERRORIZING ME AND MAKLING MY WORK UNBEARABLE.

    [Reply]

  44. hi, i have a friend who was working in a big school and was due for permanency this coming school year. it is supposed to be her 4th year. but she was not renewed due to reasons the school head announced personally to her…there was no performance rating sheets to show, no formal hearing or notice within the three-year period she has been with the school and prior to the announcement…in short, no warning at all. there were hearsay that the school head reprimanded her when caught once dozing off in class during class hours and some lapses on her part as a teacher, but no major complaints coming from the parents nor any hearing/ notice coming from the school head. she was not renewed not on the basis of \just cause\ or \authorized cause\ mentioned in the labor code/ethics. there was no clear cut reason for not renewing her contract. what was painful to her was, she was not given due process. she was given a Letter of Intent mid-January this year which she signed in as coming back and was just too happy to go through two more months without any notice from the admin that she’ll not be renewed anymore. she was CLUELESS, but eventually got devastated when the former announced three days before her contract ended that she’ll not be renewed anymore…my friend was traumatized and got hurt so badly with this declaration. now, she lost confidence applying in other schools and with herself as a teacher…what’s her case? may we know? felt injustice here for my friend. thank you and we hope to hear from you!

    [Reply]

  45. my wife is BIR employee but she had received special order issued by the commissioner to transfer in another place which it took 4 to 5 hours far from our house.do we have the rights to complain to the civil service commission?can we also avail the constructive dismissal?

    [Reply]

  46. Nenette c. Barrion Comment:
    May 6th, 2011 at 12:37 pm

    Hi. Gusto ko lang po itanung, di ba po kailangan may separation pay po kami kahit tatransfer kami sa other company? The situation is like this..

    Napullout yung account namin sa current company, then kailangan nila magbawas ng employee. They gave an option it’s either outplacement or intermal placement. I choose outplacement, so dumaan ako sa regular process ng other company, nagbigay lang sila ng referral.

    Ngayon, sinasabi po ng HR namin na wala kaming makukuhang separation pay. Tama po ba yun?

    [Reply]

    Ted Ferrolino Reply:

    Kung kayo ay natanggal sa trabaho dahil nagpullout yung account ninyo, at kinailangang magbawas ng trabaho ng kumpanya, nagkaroon ng tinatawag na termination due to partial cessation of business operation. Isa ito sa mga authorized causes of termination. Sa ganitong uri ng termination, entitled ang empleyado sa separation pay equivalent to at least one month pay, or 1/2 month pay for every year of service, whichever is higher.

    [Reply]

  47. good day atty.

    i have a question po, im working with the company for the last 4years po in a call center, may2007 ako na hire, then after 2years natransfer po ako sa ibang process or designation, then this year nagbawas ng tao yung process namin dahil sa nagbawas ng head count and isa po ako sa nalipat ulit pabalik ng process na pinanggalingan ko, FEB2011 po cnabi sakin na malilipat ako, pero mid MAR2011 na kami talagang nailipat, hindi po nila sinabi kung bakit ako nilipat, ang sinabi lang nila na kelangan maglipat dahil may client na nagback-out, wala pong stats or explanation kung bakit ako isa sa lilipat.

    Nung andun na kami sa dating process, may 1week refresher kami, then pagpasok ng APRIL2011 kinausap kami na ililipat daw kami ulit ng process, sobrang stressed kami sa gnagawa ng management samin.

    Tanggap namin na ililipat kami, ang nakaka-stressed po samin e yung hanggang ngayon hindi nila masabi kung san process kami, meron samin nirefer na process at kinausap kami ng manager ng process na yun pero tinanggihan kami, hanggang ngayon hindi nila masabi kung saan kami definite na ilalagay. wala sila maisagot na particular kung saan at kung sang office.

    pumapasok kami sa process na hindi naman kami para dun, ginagawa namin yung trabaho nila kahit nasabihan kami na hindi kami para dun, ngayon hindi kami nakakakuha ng incentives katulad ng iba sa kadahilanan na palipat lipat kami. pero pareho lang naman yun ginagawa namin sa iba.

    nagkakasakit na po ako sa sobrang stress kakaisip kung san ma-aasign. chest pains po nararamdaman ko, kahit ang doctor yun ang findings.

    constructive dismissal po ba yun?..

    [Reply]

  48. Good day Atty.

    I’m working in a restaurant company as Pro Manager for almost 3yrs,
    ang position na yun ay humahawak ng shift katulad ng assistant store mgr ito ay promotion sa mga regular service staff na hindi pa graduate ng college dumaan din ako sa training katulad ng Management trainee at pumasa, ngaun humahawak parin ako ng shift sa store kaya lang may memo na pinalabas ang company na lahat ng Pro manager sa store kapag hindi nakapag tapos ng college hanggang 2012 ay babalik sa pagiging service crew nlang sa store at hindi na pwedeng humawak ng shift kasi hindi na existing yung position sa company hindi naman daw mababawasan ang sweldo kaya lang nakahiya sa part namin na mula sa pagsusuot ng manager uniform ay babalik sa pagiging service crew nlang sa palagay ko nademoralize ang aking pagkatao nun, nagadvise ang HR na kapagnag-enroll naman daw sa college may considerasyon naman kaya lang sa part ko na may anak at asawa na.. ako lang din yung may trabaho sa pamilya hindi ko na kaya yung gastos kc dailies lang din naman ang sweldo ko unlike sa mga graduate na manager na monthlies ,pinapirma din ako ng kasunduan na kapag hindi ako nakapagtapos ng college sa taong 2012 ay magiging service crew nalang ako… pinirmahan ko dahil sa respeto ko sa area mgr ko na syang nag-abot sa akin at hindi para magagree sa kasunduan nla.. Usap usapan kc ngaun na hindi ako nakapag-enroll sa college ay mapapaaga ang aking pagkademote sa pagiging service crew.. pwede ko po ba ipaglaban ang karapatan ko na manatili sa position ko nagun? at kung meron ba silang nilabag na karapatan ko bilang isang empleyado? Hawak ko po yung original na recommendation letter nung ako ay napromote pirmado ng Store mgr at Area mgr, personal action memo galing HR na nagsasabi na tumaas ang aking sweldo dahil sa bago kung position at Training record at certificate. Sana po ay matulungan ninyo ako. Salamat po

    [Reply]

  49. Michael Grifon Comment:
    May 30th, 2011 at 04:22 pm

    Hi,

    My name is King. I am an employee of a call center company and I find your website/forum really helpful. I am seeking for legal advise.

    My co-workers and I have filed a case against our company due to illegal suspension and. Illegal deductions from our salary. We had a hearing with NLRC last May 26, 2011. the arbitter advised the company to iron things out with us. Our next hearing would be on the 15th of June. We are still employed with the company. But ever since after the first hearing we’ve been treated unjustly by the company.

    1. We are not receiving any calls. Our performance is based in the calls we get. We sell services to people. If we are not making any calls we won’t be able to sell. Our performances would be evaluated. Therefore they would have the right to terminate us. We gave screen shots of our system dictating tgat the people who have filed a case are the only employees who has not been receiving any calls at all. All of us have been experiencing it until today. We raised the concern but they said it was a server problem.

    2. Every sale we get, we would be entitled for the spiff. Since we wre not receiving any calls we won’t be able to get any spiff at all.

    3. We were blocked to call loggers. We have a tool used to log every calls we get. We were blocked. That’s in line with the no amount of calls getting through our line. We were forced to sit i. The office for the entire 8 hours doing nothibg.

    4. They had a meeting together with all the employees except for the people who have filed a case. They disregarded us.

    Are these legal grounds for constructive dismissal? We have screen shots that will prove these and statements as well from the people who have seen it. Even a guy from the IT department had admitted that have manipulated the system. Please help.

    I would appreciate it if you could respond to my email address
    mich...@hirmail.com
    mich...@gmail.com

    thabks

    [Reply]

  50. Hello Sir,
    I am so thankful i found this site, and i pray to God, for ur good health and to ur family too.help me understand my situation and tell me what to do.
    I am appointed as HR officer in the college i have been teaching English language for almost 6 years, the appointment last april was verbal, and also was done in the committee meeting.i was sent to a training the same month as well but then i had not signed written appointment and my salary is still same while i was still teaching. during these times being the hr, there were arguments among us and the school heads. first the proposal to retain and employee coz of good job evaluation and they dont want, and proposal for a restructure of our organizatonal chart and few others..just today, one of the heads called me and told me that i will be back to teaching and that they will look for another hr. is this tolerable?, this college is known as violators to employees rights..many to mention..i felt discrimination in my part..and just to note, i am known as always questioning the management for their labor malpractices, but they gave me the promotion, isnt it a constructive dismissal?..DOLE Caraga advised i should not resign, i have to ask valid reasons for why they want me back to teaching position, then from that on i can file a case..depends on their reason..i want teach this company a lesson..i wont go back to teach i feel demotion in my part..but i also dont have the interest anymore to stay there, just want teach them something they wont do again..hope to hear from u soon.God bless..

    [Reply]

  51. Good morning. Gusto ko lang pong itanong kung ok lang po ba na magresign with only 2weeks notification? kasi po ayaw ko ng magstay sa company nmin dahil ung management e magtatanggal po ng employee anytime they want basta nakitaan nila ng kahit konting mali. even hindi pagsunod sa instruction minsan is ground for termination ng employee kahit pwede pa naman bigyan ng consideration ung employee. and since hindi naman grave ung mali a nagawa ng employee. ngayon po kasi im looking for another job na magiging stable ako. kaya po gusto ko na umalis sa employer ko ngayo kaagad. please help po. thank you.

    [Reply]

  52. Gudpm po…Ask ko lang po sana about this situation, My friend resigned from work due to no increase on his salary at mas nauna pa ung lower position sa increase than him and to those new employees din so he resigned kasi n demoralized sya then after a month pinabalik sa from work kc kelangan daw nia tapusin ung 1 month notice upon resignation daw tapos when he finished they told him toundergo as a proby employee again..and now, with his lates coming to work they suspended him for almost a month din..when his schedule was ok, now they made a termination and demotion letter and his termination lasts only for 15 days..does he have the rignt to complain about the company policy or what po..no warning notices received and then just that fast he was terminated…thanks so much for the help

    [Reply]

  53. good day sir,
    ive been working with a BPO company for more than 8 years and ive experienced being transferred to different accounts for “business needs” already. Lately, a new higher ranking manager came on board and started to shake things up. One of his ways of doing this is to put his people on key positions within the account affecting the morale of most employees. My immediate superior just talked to me and told me that they are transferring me to another account w/ less headcount (im currently handling 60 people reporting under me and transferring me to an account w/ <30) to "give way" to another manager who has been in floating status for more than 2 months. although i know that they will justify that i previously had experience handling the new account, and that it will be favorable to me proximity wise, i was insisting to stay with what im currently doing since (1)it is more stable since the HC is bigger thus more revenue for the company as compared to an account with less than 50 heads; and (2) it is financially rewarding to stay in the account since i can earn as uch as 50k in commission / month compared to just around 20k-30k per month on the enw one. i have been performing consistently and delivering my numbers month over month, and for some unexplainable reason, the "management" decided to transfer me instead without a valid and sound reason why. considering my claims, is this considered as a form of constructive dismissal? or would you suggest that i stay on and transfer to that account since i don't have enough grounds?

    i would appreicate your clrification on this.

    thank you

    [Reply]

  54. Atty Ted,

    Greetings!

    I was forced to submit an immediate resignation due to the pressure and intimidation from our company President that I should submit my resignation immediately or face a termination notice. I find no just or authorized reason for such termination. Only the desire of the President to personally take over my position as the Manager of my department.

    I was not prepared for a sudden loss of job and was weary for an impending economic dislocation so I negotiated for a severance pay. I asked for a 6-month salary but failed. I was offered a 2-month salary severance pay. I reasoned out that if terminated for an authorized cause I would still receive the same amount (equivalent to a 30-day notice and 1 month separation pay as I was already 7 months in the job.)

    So I was offered a 2-month severance pay and another 2-months equivalent of the 30-day notice and the separation pay. Hence, I tendered my resignation letter.

    I underwent normal clearance procedure and after 2 days, I was given my terminal pay. However, the amount of the check only represents the 2-month separation pay (30-day notice and 1-month separation pay). No additional amount for severance pay.

    I protested but was informed that if I will not receive the check, I will have no other recourse as I was alreasy separated/resigned from the company 2 days ago. They advised me to just present my case to the Department of Labor and Employment.

    My anxiety of leaving without a cent and knowing the difficulty of finding another job, aggravated by a sudden possibility of becoming homeless as I was only given a housing benefit by the company (I am from Mindanao and was only staying here in Manila on a company housing.), I receive the check.

    I had a 3-year employment contract with a managerial position and was still 7 months in the job ( just 2 weeks before my resignation–my permanent appointment was confirmed by the company President).

    My question: Can I still file an Illegal Dismissal complaint with NLRC or file damages for breach of contract (civil case)?

    Thank you very much!

    [Reply]

  55. hi ask ko lang po kse madaming issue nangyari sa office gusto ko po malaman kung part ng constructive dissmisal ang Senior vice President ay isinasama ako sa issue ng iba at harapang pinagsabihan na hindi naniniwala sa kwento ang tao at nangaggrabyado ako ng kapwa ko ahente samantalang sabay walk out sa usapan.at pinagiinitan ang attendance ko.pati acting team leader ko pinagiinitan ako sa lahat ng bagay.pwede po ba ako mag resign at mag sampa ng demanda sa dole?ano po ang chance ko.

    [Reply]

  56. Atty

    Good day!

    I would like to inquire if this is indeed constructive dismissal, last june i was confined in a hospital and was diagnose of a reccuring illness, and its Gastroesophageal reflux disease-that causes my voice to be ineffective when aggrevated. Since my work is voice related (call center), i can not take in calls, i was given 3 weeks to recover…and given
    extentions by our company doctor but according to my doctor treatment would take 6 months wit strict diet and voice rest.

    The recovery period i was given by my doctor was 3 weeks depending on my voice if its worsening or not i need to get back wit here asap) but our company doctor extend my medical leave for almost 3 months(wit no SSS notice of sickness since he dont want to sign it and its supposed to be my doctor daw-but my doctor mentioned that its supposed to be our company doctor since he is the one extending my leave), but due to medicine expenses and time, i decided to talk already to my supervisor, manager and my doctor if what would be my options since i dont want to resign(2-3 month period). They come up wit me getting to a non-voice account,since im not already fit for a voice account,but the problem is there is no non-voice account yet and i was inform to wait and be extented for another medical leave(from time to time i consulted our company doctor for extentions-like im in a floating status), with this situation wit almost no financial support from my family-they are already telling me to resign from work and look for another job for me since my health is compromised by my work-with there advice i talk to our HR if what would i get if i resigned-and they mentioned that i would only get my tax refund, leaves not taken and my 13th month pay..(my question as well atty is-if i worked wit this company for almost 4 years would i get something bigger when i resign?despite the condition that i acquired)?

    Last week, i consulted again our company doctor for prescription of meds, and he assess me that i can work already and he said that within 1 week he thinks im good, tho taking note of our previous consultations and diagnosis that im not fit for voice-due to my frustration i decided to push my resignation… (atty my question is..can i file a complain to our company doctor?for misleading the diagnosis and changing the prescriptions?-this happen not only to me but to other employees-if we can file?what would that be?).

    Within this week, with my resignation at hand, i talk with my supervisor for the last words and to thank him for working with him for years, then he advised me to get much information from HR and our manager for the processing of my resignation, as i finish getting info, my supervisor immediately advise me to come over-and we found out that there is an opening of a non-voice work, so we immediately sign up my name for recommendations and transfer(with my sup, manager and hr with there go signal), one of the recommendation requirement would be coming from our company doctor-the next day i went to our company doctor for the purpose of getting a recommendation from him- i open it up to him about the opening, and that his recommendation is needed and if he can still extend my medical leave while waiting for the transfer/application of me getting to another department..and he then decided that im fit to work and get some calls to see if my voice is good, but with his advise to get back if it worsen again (atty another question po, with this act of our company doctor i dont know if he really knows what he is doing or if he knows my situation or not…is this another issue that i can file for a complain?-tho i have all the documents coming from my doctor and from him).

    He signed a note, then sent an email that im fit for work the next day.. after that i went to supervisor to talk about it and he as well was stunt about the decision of our company doctor-with this im currently at lost-emotionally and financially, not only that im waisting my time going back forth from place to the other.

    My big question is, atty can i file a constructive dismissal? and what are the possibilities for complains against our company doctor.

    Thank you! and God bless!

    [Reply]

  57. Would you consider na constructive dismissal if an employee was transferred to a different branch where in alam ng officer na naglipat sa kanya na hindi sila magkakasundo ng magiging co-employee nya doon due to old arguements. And nakapag bitaw pa ng salita ang manager na “ililipat ko sya doon ewan ko lang kung hindi siya magresign”. may witness po na sinabi nya yun. kung base sa sinabi ng manager sinadya nya ilipat pra mag resign, pero kung benefit ng coy ang pag uusapan di ba po dapat hindi ka ilipat kung maganda naman performance mo sa dati mo branch. at tanong ko na rin dapat ba magresign ako or hindi. pag po ba nagresign ako pwede pa rin kasuhan ng constructive dismissal. ano po ba maganda gawin, hope to hear your professional advice soon. Thanks and more power to this site

    [Reply]

  58. inquire lng po, mttwag po bang constructive dismissal ang pag break ng contract dahil di na kaya ang workload? my friend is working in taiwan as a caretaker, but ang cnabi sknya is nursing aid na 12hours lng dapt ang duty with restday, pro pagdating dun, 24/7 nmn na ang work nya at ayaw pa xa bgyan ng restday khit mgrequest pa xa, kya napilitan nlng xa mgbreak ng contract, now inilapit sa NLRC, but nun ngkaharap na, it seems mgkakilala un atty ng NLRC at atty ng agency, na ndi man lng pinakinggan un side ng friend ko if bkit xa ngbreak ng contract, so it turns out na kinampihan pa ang agency instead ang complainant. wat are d measures na pde pa gawin, meron pba nttirang mga govt workers na pkkinggan ang side ng complainant? ndi man lng nbgyan justice ang complaint ng fren ko. advice pls?

    [Reply]

  59. Ferico Mercado Comment:
    October 25th, 2011 at 10:49 am

    Good day,

    I would like to ask po if this is considered as constructive dismissal. The situation is, The company compensates its employees through Basic Salary Pay which is documented sa contract na pinirmahan namin. Then come October, deductions were made from our pays due to “Double Paid Basic Salary”. The reason behind this daw (information given was through an official email sent by a site director) is because they changed the cut-offs of our salary from 1-15 and 16-30/31 of the month to 8-23 and 24-9 of the month. These cut-offs were meant initially for adjustments (anything outside the base pay) such as Overtimes, holiday pays, absences and the such. I then inquired with our HR if there were changes on how we are getting paid and the email reply stated that we are still being paid our base pay and no changes happened whatsoever. What the company did is they paid us our base pay (came out last Sept 15 and 30) but they deducted a certain amount (payout of October 15) saying that they double paid some of the dates that we worked for. This is documented legally through our pay slips naming the deduction as “double paid basic salary”. The employees in this company would really like to get your inputs on this matter so we know what actions we can take to get the proper compensation from the company.

    Thanks and More Power

    [Reply]

  60. childofmosthigh Comment:
    November 9th, 2011 at 11:38 pm

    Hello Atty, good morning. I would like to seek your expertise and legal advice on this. I am recently appealing my case against my employer. I still consider my status as floating for almost 1 month now. I would like to know the legality of their decision.

    I know this is a bit lengthy but please be patient and review my case.

    I have been with this Call Center for 3 years running 4 years now. My dispute goes like this. My best friend and I work for the same company under the same account. I am a supervisor handling a back office team and she’s an agent taking calls under supervisory of a different Team Leader.

    Everything goes normal until such time that my best friend was being courted by her direct Team Leader. This for me appears to be so unprofessional. My best friend have many times spoken to her Team Leader explaining that she doesn’t like to continue whatever they have started. Things became too personal between them as the Team Leader refuse to accept my best friend’s decision. The Team Leader acted so freakish as he started sending emotional black messages through text. That, he would end his life if she won’t let him continue courting and etc. Everything was so awkward between them though she’s trying to appear to as normal as she can be in the workplace. Since work is now being affected, my best friend now confides everything to me as she’s now getting no support at all from his Team Leader. Now as a friend I tried to provide all the support she can get with regard to the work itself.

    Now this is where things came so complicated. Her Team Leader knows for a fact that I am not a fan of his courtship thing. I do not support and want him to be my best friend’s boyfriend for so many reasons, one being so unprofessional. With all these happening, there was this one time I am fixing my team’s pay time card. This is where agent’s pay is based depending on the hours logged of course. For some reason, I was moved to check my best friend’s electronic pay time card to see if she’s being paid accordingly. There I have seen the discrepancies. I saw days where her time cards where not plotted correctly, so I fixed it. Funny that I have also seen days being paid when she’s absent. Days when she was late yet paid in full. Those were the days when things were still okay between them. Now that she was being asked to stop, her Team Leader has also stopped paying her correctly.

    Being a friend I fixed her pay time card accordingly. Unknown to me, traces were seen that someone fixed her pay time card. The Team Leader knows for a fact that only I can possibly do that. I have been in constant communication with my best friend to see if she’s aware that she’s being paid when she’s not in the office. Until such time everything is cleared we have decided to take the step and let management look into this. Unfortunately, the same day we decided to escalate things to my own Team Leader was the same day I was served the memo. Ika nga, naunahan lang ako. Her Team Leader filed a complaint letter against me to HR and my first memo was served on July 20, 2011. HR served a Fraud memo. I have undergone due process, attended HR hearing and soon enough that I was then exonerated for the Fraud case as they have seen that there were no additional pay made by me or no monetary loss for the company. During the admin hearing I have made them aware what pushed me to fix my best friend’s pay time card without escalating it to my Team Leader instead or to the management.

    My points were:

    – I did not see this to be illegal as I have fixed her time card according to her time ins/logs
    – I was not able to escalate the situation immediately as I need to confirm things yet with my best friend as I need to know if those paid days when she was absent were approved by her Operations Manager or not.
    – They said it is an illegal transaction since my best friend is not under my supervision. I humbly acknowledge that this may be not authorized but is not illegal as I have done this only for the best interest of the company as we are able to trace people purely and clearly violating the company’s policy.
    – I have made a lapse in judgment when I should have escalated this but all is done for a clean purpose.

    At the same time, my Team Leader was given a memo on Security Breach. He was dragged by the situation since I used his time card log-ins to fix our team’s time card and I have used this to make illegal transaction as they have noted. In our company, only Team Leaders have a direct access to edit and fix agents pay time card. The thing is this is not followed and practiced. As supervisors are seen as future Team Leaders, they have delegated tasks for us to fix our team’s pay time card. June 29 when I fixed my best friend’s time card, the same day my Team Leader shared his access for the purpose of fixing our team’s time card. This act of access sharing was supported by an email of our Operations Manager on the same day. Though not stipulated in the email that we need to share the access, it’s obvious as there were no workaround or options to do this unless we share the access.

    This gave me the option to check on other my best friend’s time card. My Team Leader was first given a termination though it was later reversed to 5 days suspension after him appealing to the country HR.

    As my first memo was solely on fraud issue, I was exonerated on the context of the fraud issue.

    Unfortunately, the same day they have given me the exoneration papers on Fraud. They issued another one on Security Breach. These made me feel being vexed/punished twice for the same incident. I have looked into this as double jeopardy yet I still followed what they called to be procedural process. Have undergone the hearing with no difference in questions I have raised and repeated my points. Second case on Security Breach they have imposed termination. I have decided to grieve this and was given 24 hours to present my appeal letter which I have. Stipulated on the company’s policy that an erring employee may grieve in 24 hours and result shall be given also 24 hours later. 24 hours later, no update. I waited patiently and was floated now for 22 days. My text messages to my Operations Manager were ignored and were not replied to. After so many texts and email result was given on November 7, 2011. Sadly, the Site Director upholds the decision of termination as per him it is a direct violation of their security policy.
    This time, they have given a different name, the final office where I can grieve and request my case to be reviewed. Upon submitting my second appeal letter, it was brought to my attention that attrition notification was already submitted though I am still appealing my case.

    Looking at the situation, I felt being illegally dismissed with the points being imposed as constructive termination.

    I feel being violated for the following reasons:

    – They have issued Fraud then exonerated then later on issued Security Breach for the same incident with Termination. This for me looks double jeopardy.
    – With no harm done on the business side, I feel termination to be excessive.
    – My best friend’s Team Leader should have been prioritized as clearly seen fraud and stealing from the company. He was now terminated though was deserve to be terminated ahead of us as evidence of fraud was presented during the initial hearing. My Team Leader was the one firstly asked to leave the company be giving termination.
    – Stipulated on their own company policy that an erring employee must receive the result of grievance within 24 hrs yet I was floated 22 days now, delaying tactics.
    – I was given a Security Breach for having time card access of my Team Leader where it is based from a directive of an Operations Manager (where other Team Leads and supervisor have done the sharing of access and seen this the way we have carried out the act.
    – Attrition notification was sent though I am still appealing my case

    Atty, please advise if there my points were valid and If I am being dismissed illegally. At this point, I am waiting for the final appeal result though we are now decided to make a file against them to NLRC. Are these valid to file a case against my employer?

    Kindly advise. Your time and help on this is greatly appreciated.

    Thank you so much.

    [Reply]

  61. ask ko lang po kung kung kailangan pang magserve ng notice of resignation or for 30 days if constructive dismissal.
    gusto na kasi ng wife ko umalis sa work place nya for reasons na hindi na mganda ang pamamalakad ng may ari and worse sa kanila nasisisi…

    among other things she was transferred to other branch with a reduced in basic pay. rumors has it dahil pumapalkpak daw siya…it is debatable dahil two years na ang wife ko dun ang wala pa naman syang major problems na ginawa sa kompanya na yon..sya na lang ang pioneer na naiwan dun just because of loyalty…but

    [Reply]

  62. Ryan G. Apostol Comment:
    November 22nd, 2011 at 04:32 pm

    I am currently employed. My immediate head is not giving me workloads anymore. Instead, it is given to the foreman which is directly under my supervision. Is it considered a constructive Dismissal?

    [Reply]

  63. Ryan G. Apostol Comment:
    November 22nd, 2011 at 05:02 pm

    In addition to my comment above, aside from not giving me workloads anymore, I learned from a very reliable source that my superiors are planning to get rid of me and they will include me in the retrenchment on the next two months.

    Thank you.

    [Reply]

  64. Robert Banes Comment:
    November 23rd, 2011 at 01:03 pm

    Is is legal to transfer employees from one site to another site without the permission of the employee himself? Our BPO company started their business here in Makati when I applied and I am one of the senior employee. Because of company’s success, they were able to acquire other accounts from clients abroad and opened another site in Cabuyao. To cut the story short, company is planning to transfer our account in Cabuyao, is there a provision in our law with regards to transferring employees in the province. It was never stated in our contract that we can be transferred to other location. It wouldn’t be an issue at all if it’s within Metro Manila but being transferred to the province is another thing. Majority of the employees are not in favor of this plan even with the presence of relocation package.

    [Reply]

  65. My wife is currently employed for two years in a food chain that serves pasta. Recent event suggests that she was constructively dismissed.

    prior to the demotion and diminished in her basic pay (which her employer later claimed that was only her transportation allowance that was removed), her employer was not around to supervised the store, thus, it was one of the employer’s mother (not the partner in business)who actually supervises its day to day operation. By the way, my wife was assigned as Management-in-Trainee, but do not actually holds authority in giving out orders since its either the business owners or the mothers who holds it. she was simply put at that position to be blamed when something wrong came up.

    As such is the case, from their daily store inventory from the months of July-October, she was being charged to a total amount of not less than P2,000.00. Her payslips will also revealed that they were being charged before hand. These charges constituted excess and shortage in inventory, particularly,with those supplies that could not be accurately accounted for (e.g. sauces for pasta). Sauces uses varies, depending on its texture. her employer computes the usage exactly say 80 gms per order, without allowance for variation. It has been said many times by my wife that they can’t and will never be able to cook these sauces in exact measurement since it will always be depending on the texture. Thus, the excess and overage in the inventory are being charged to them.

    among other things, they are not being paid properly in their extended time.

    this was brought out into the open by my wife to the mother of one of the employer which the owner do not received very well. And things started to heat up. They were transferred, demoted, reduced their pay, and was being branded as a failure. they were deliberately being ignored and would only be attended to if some sort of mistakes floated up to blame on them.

    if this is a case of constructive dismissal,would it be ok for my wife to resigned without serving a notice?

    they’ve already decided to resigned and was only waiting for the release of their bonuses because the employer as a precedent, holds the payment and 13th month pay of her former colleagues for a month after being terminated on first offense.

    hoping you could help me on this issue.
    Thank you

    [Reply]

  66. feeling demoted employee Comment:
    December 3rd, 2011 at 10:18 pm

    Hello po,

    Would like to know if it is considered as constructive dismissal if your manager removed your access without notice in the data needed to fulfill your duties and responsibilities.

    2. Is there a valid ground for labor complaint if your manager changed your performance rating after you agreed on the initial rating, and he/she did not informed or discussed to you that he/she changed your rating?

    Thank you,
    feeling demoted employee

    [Reply]

  67. LJ Comment
    October 3rd, 2011 at 4:12 pm

    Hi Atty,

    Good Afternoon!

    May we request for your legal opinion with the following;

    Scenario:

    I was on maternity leave for 2 months, from July 21, 2011 to September 21, 2011. On july 25, 2011 there was a rumored information from main office that I will be no lnger hold the interim positions of HR Manager. and it was publicly annouced in the meeting at mabalacat last 2nd week of september that the newly HR Manager shall be the ISD Manager without my knowledge.

    Then, on september 19, 2011 there was an office order memorandum circulated in the office that I am transferred as CORPLAN Supervisor, effectivity date is also september 19, 2011.

    I am almost 18 months holding the functions of interim manager for HR without any increase on salary rate of the manager my rate remain supervisory rate only an allowance of P1500 reresentation and P1200 communication allowance. Prior to my interim function from January 8, 2010 to Septmber 18, 2011 , my former supervisory position with an allowance of P1000.00 comunication allowance and P1000 representation allowance. However, on Septmber 21, 2011, I was given the copy of the office order circulated last september 19,2011 as CORPLAN Supervisor but not in within the approved plantilla position and consider floating status and there was a reduction of my allowance. from P1000 to P 800 communication and P 750 representation.

    Querry:

    1) Is it legal that I will be reassigned with the same supervisory capacity with reduction of benefits?
    2) Does my case can be considerred under redundancy since I am holding the interim HR Manager and it was given to the ISD Manager, there is already merging of functions. Can I apply for a redundancy? aince it is already occupied by the ISD Manager?
    3) Is it legal that I claimed the supposedly salary rate of the manager from the time I was transferred as interim Manager?

    Please advise. Awaits reply.

    Respectfully yours,

    LJ

    [Reply]

  68. Hi Good afternoon, I resigned from the present company 5 days ago. I had passed my resignation and I put it effectively today December 27, 2011. The management did not consider my resignation as I have to render a 30 days notice upon giving my resignation. However, I’ve been employed in the company for almost two months without signing any contract or even showing their company policies. It is still necessary to render the 30 days notice even if I don’t have a written document that supports I have been an employee of their company?

    [Reply]

  69. Hi this is Malena, i’ve been thinking of filing a labor case against my supervisor i worked in a bpo company i’ve been employed for 5 months and had plans of resigning prior to submitting my resignation letter i called our HR dept and inquired if i were to submit my resignation letter which was on the 23rd of dec. 2011 and the effective date will be on the 2nd of jan. 2012 will i still be entitled to receive my salary for the 30th of Dec. 2011 the HR representative clearly stated that i will still receive my salary for dec. 30, 2011 since final pay will be based on the effective date of resignation. So i made my resignation letter and submitted it to my supervisor that evening upon submission my supervisor asked me why is it on the 2nd why not immediate i said that i am looking forward to get my salary for the 30th of december. i told her that i am looking forward to receive my salary for dec. 30 my sup said that i will not receive it since it will be on hold coz after i submit the letter she will send an email to the HR dept i said that i verified with HR and the info that i know is different she then called HR to verify and said that it will be on hold, still i stood firm of what i know so my sup and i went to the HR dept and verified from the person i spoke with, she apologized and clarified that she misinformed me and said that my salary will be held real time meaning my salary will be on hold as soon as they receive my notice. my supervisor said it doesnt make any difference i still wont get my salary for the 30th i felt that i was in a situation with no options but to render immediate resignation so i said that ill just do immediate resignation so the OM noted my resignation letter but he adv my supervisor that i need to submit a new one since it is not for immediate resignation, my supervisor asked me when can i submit my immediate resignation letter i told her on monday the 26th of dec. since there is no open internet shop near our office, she asked me to make my immediate resignation letter using her computer so i made one stating that i will be changing my resignation to immediate due to wrong info was provided for payout for the same reason personal matters she signed it and made me sign an acceptance letter which i signed but still incomplete since the senior om is not available to sign and was adv to comeback on the 26th of december to process my clearance and exit interview. i was willing to render the days stated in my resignation letter . I called our HR office on the 26th of dec. 2011 and spoke with a different HR personnel I questioned her about what happened I told them that they cannot hold my salary she also provided me a diffrernt info that if my first resignation will be followed my salary wont be on hold since the effective date is jan. 2, 2012 she adv me to call the next day she will coordinate with payroll hr officer, I called dec. 27,2011 and spoke with HR payroll personnel I explained what happened she said that my TL did that due to my absences I said I understand that is why im rendering my resignation since I don’t want to put my teams stats at risk since im always sick, I was adv that I can process my clearance already and that my salary wont be on hold. I did receive my salary for dec. 29,2011 but didn’t process my clearance I still want to file a case against my supervisor for lying, conspiring and mispresentation of info forcing me to render immediate resignation instead of allowing me to render until my intended resignation date.
    I would like to know if i were to file a case will i have a chance, your opinion will be very much appreciated since this will guide me in making the right decision.

    [Reply]

  70. hi. i would like to ask is it ok to resign to your company without rendering 30 days??? is it legal to resign immediately once your resignation letter has been approved?? And are you entitle for certificate of employment??? I will appreciate your reply.
    Thanks

    [Reply]

  71. isa po akng cashier ng kimura restaurant ktv bar,,for almost 4years.ok naman po yung kita ng kimura,then one day habang bukas kme bigla nlang nagpasara ng 12midnight sa kadahilanan daw po na urget meeting.nun nagsisimula na po ung miting bigla po nag sbe na ang pinag ttrabahuhan namin ay magsasara ng habang buhay,sa kadahilanan naluge,sapilitan kame pinapirma ng mga nakahandang papeles na hindi man lang ipinaliwanag smin kung anong nakasaad,ni nd pinabasa smin nd daw namin makukuha ang sahod namin at basta basta nlang kame itinulak para pumirma.wla kme magawa dhil sa takoy at wla kme alam tungkol sa mga papeles na pilit pinapipirma,kaya pala ganun ginawa samin ay dhil lahat pala kme eh gusto na tanggalin,wla po kme alam tungkol sa batas kaya po humihge kme ng tulong sa inyo kung ano dapat gawin.gnawa po kme basura na basta nlang tinapon ng wlang dahilan,wla rin po kme masamang record nagttrabaho po kme ng 11 oras araw araw ng wla ring overtime pay.

    [Reply]

  72. Hi! Thank you for the advice that you have been giving. I had learned a lot from your responses.

    Here is my case–

    I disputed my supervisor’s recommendation that I should not be regularized. I filed a complaint through HR with a notarized statement. I was overloaded with work and was not adequately trained.

    After HR’s investigation (which they claim to be objective), I was regularized. However, I was still under the same supervisor and her manager–both were signatories for my termination as a probationary employee.

    Since I have learned the ropes, I was able to perform well. However, I also noticed that the more complex and time-consuming tasks were assigned to me.

    I have sent email to HR complaining about this and the stressful situation of still being under the same supervisor and manager. The HR department insisted that I obey my superiors. I still delivered and did my duties but also complained about the overload and how the manager would email and call me to do more work. At one time I had to render six hours of overtime.

    By the end of the year, they wanted me to submit my self-evaluation to the same supervisor and manager. I refused to do so because they would put in their evaluation of me and they had all the intention to get rid of me right from the start.

    HR acknowledged my refusal. However, I felt that by not addressing my concern, they have made me seem ineffective.

    I filed my first complaint in September but have endured all this thinking that there will be a resolution for me. By the end of the year, I felt that there was really none. I was still under the same manager and supervisor.

    What bothered me was my last conversation with the manager–he said that I was just ‘shocked’ by their office culture. I told him that my issue had nothing to do with office culture but had everything to do with basic work principles and ethics.

    He did not respond to this. He also did not offer me any resolution about the overload of work that I had been receiving.

    I decided to file an immediate resignation. The manager would not accept this. He demanded through text that I render 45 of days work. I told him that it was servitude and none of my concerns have been addressed.

    HR has accepted my resignation. However, they are claiming that I violated a company policy of no call, no show in spite of the notice that I have served.

    What action can I have against them? Please help.

    [Reply]

  73. I’ve been placed under preventive suspension from the company i worked, i am a branch manager of this company, we are engage in marketing ( selling motorcycles ( in house financing scheme) i approve to release 10 units of motorcycle to the company which was our repeat buyer for the same items, my mistake is i agree with the buyer to give their down payment after 1 month including the first monthly amortization ( the policy is the down payment should be paid before the release of the items),the reason is the close competition from other marketing, since our price is higher than the others, after a month the buyer failed to do their payment in the first month and then the second month,but the buyer promised to settle their obligation to my company, but my company has been questioned my decision regarding this account of customer, and that is the result they placed me under preventive suspension, I don’t touch any money from the company or even to harm the operation of the branch. it is the first time i did this kind of mistake. It is legal to placed me under preventive suspension? what if my company dismiss my employment, what is my rights in this case? i will appreciate to hear your reply…

    thanks..

    [Reply]

  74. Good Day,

    I’ve been placed under preventive suspension from the company i worked, i am a branch manager of this company, we are engage in marketing ( selling motorcycles ( in house financing scheme) i approve to release 10 units of motorcycle to the company which was our repeat buyer for the same items, my mistake is i agree with the buyer to give their down payment after 1 month including the first monthly amortization ( the policy is the down payment should be paid before the release of the items),the reason is the close competition from other marketing, since our price is higher than the others, after a month the buyer failed to do their payment in the first month and then the second month,but the buyer promised to settle their obligation to my company, but my company has been questioned my decision regarding this account of customer, and that is the result they placed me under preventive suspension, I don’t touch any money from the company or even to harm the operation of the branch. it is the first time i did this kind of mistake. It is legal to placed me under preventive suspension? what if my company dismiss my employment, what is my rights in this case? i will appreciate to hear your reply…

    thanks..

    [Reply]

  75. God’s peace and graces!
    Just want to ask if in case that I apply for indefinite leave, do I have the right to resign anytime?
    Thanks a lot and hoping that you will give me a reply soon..
    More power!

    [Reply]

  76. hello po, i work at a call center, recently i was given a case which indicates that its ground for termination, but if we look at our code of conduct the act is only for a written warning, but the managers on our line of business said they will push for termination, so i took my case to the human resources dept, they held a hearing, the human resources gave me a fair hearing, they said its not for termination, but a final written warning,and supposed to be case close. the managers did not take that very well, and told my immediate supervisor that “hindi pa ito tapos, may mahahanap din na butas dyan sa ahente mo, at mateterminate yan”,for some reason it seems like they have a personal grudge against me, they have not found any “butas” yet, but it feels like skating on thin ice everytime i go to work, ano po ba and magagawa ko to protect my employement, or kung anong legal actions ang kaya kong ifile against the managers, dahil di lang po ako ang nagagawan ng ganito sa companya namin.

    [Reply]

  77. Hi
    just wana ask. I was transferred to Baguio last Dec 2010. There was a lock up as I was told of 1 year if in case I want to transfer again to another group. I agreed. A year has past and I was given an opportunity to transfer to another group which I like. But I was denied becuase the lock up was changed to 2 years just this Jan 2012. I believe this will apply to me once i get to transfer to the other group, not from the time of 2010.
    My mother is sick and this my reason for such request

    does the new policy apply to me too?

    [Reply]

  78. marvin clark ;.salazar Comment:
    February 7th, 2012 at 10:03 am

    Ako po ay nagtatrabaho sa isang call center company sa makati, at inakusahan na gumagawa ng fraud ng amin QA Manager,verbally,at sinabi sa akin ako ay umuwi na at huwag ng pumasok pa,without any proper documentation.pagkatapos ng 2 araw nalaman ko na ako ay minarkahan nila ng absent sa aking time record at ng araw din iyon nakatanggap ako ng prevention suspension order mula sa kumpanya.sa pakiwari ko kaya nila ginawa iyon para ma justify ang ginawa sa akin ng QA Manager.napag alamanan ko din na ang QA Manager ay walang karapatan gawin na ako ay pauwiin,at ang masakit nito ay hindi siya nakipag coordinate sa akin supervisor ng gawin niya yon na ako ay pauwiin.Ang pagpapapataw ba ng preventive suspension ay may kaukulan due process?? Paano kung ang preventive suspension ay ipinatupad,na wala pa natatanggap ng dokumento,kasi ganoon ang nangyari..Hanngang sa kasalukuyan ako ay hindi pa naiimbistigahan at ang akon karapatan madinig ay kanilang binabalewala.

    [Reply]

  79. Ask ko lang po,3months po ako sa company.. hindi po ako nakaka attend ng Catholic mass every wednesday ng isang auditing firm, pinatawag po kami lahat ng hindi nakaka attend ng may-ari para encourage sa spiritual development, sumunod na mass hindi pa din po ako nakaattend dahil field work and nature ng work namin, kinausap po ako ng HR Manager at hiniling na mag resign ako nung araw na yun kasi daw po ay naisulto sa akin ang employer at hindi ko daw po kayang sumunod o makisama sa activities ng company. Sinabi po sa akin na kahit wala na daw po akong turnover clear nila agad ako at bibigyan ng COE at hindi daw po ihhold ang salary ko, kaya noong araw din na iyon at nagresign ako subalit hindi po nila tinupad na hindi ihohold ang salary ko nito Feb.29, isasabay daw po ito sa final pay ko. Hindi po ba malinaw na constructive dismissal ang nangyari sakin? Ano po ang mga rigths ko o dapat gawin? Salamat po

    [Reply]

  80. majority po ng shares ng co. where i work right now ay nabili ng isang malaking co. sa ngayon po unti-unti na pong pinapalitan ang mga boss namin, problema po ng HR namin kung saan kami ilalagay na position (rank & file employees) lately sabi ng HRD Head, mgt. trainee na lng kami, take it or leave it daw po. we are hesitant to accept the position kasi sa office po kami. we feel na parang na demote kami. if in case po na hindi namin tatanggapin yong offer and wala na silang other option na paglalagyan sa amin and still hindi kami mag resign sa co. what will happen po? are entitled to receive a lump sum amount other than separation pay? kasi hindi po namin tatanggapin ang offer nila.

    pls. help.

    thanks a lot.

    [Reply]

  81. Good morning, Atty…Gusto ko lang po magtanong about my present status right now whether I am entitled for a separation fee or just a early retirement fee since 5 years na ako sa kanila. I am currently working as a call center agent I’ve been with the company for 5years but before ng 5th year ko sa company, nag pull out po yong acct namin. Nag antay po naman ako sa kanila, in fact I went through a process just like their new applicants. But the thing is they always declined me due to failure on passing the exams and interviews in which i find it really impossible 5 years na ako sa kanila. Kung nuong bago nga ako sa kanila tinanggap nila ako, ngayon pa kayang tenured na ako sa kanila. Ang gusto nila i-transferred nila ako sa ibang site which will be inconvenient for me, tapos may hiring sila so talagang ginigipit nila ako. I even talk to the HCD manager and promised me that they will update me with whatever decisions they will have to consider my status with them. Nag-antay po ako sa timeline na binigay nila sa akin, before signing contract with another employer. Since wala po talaga, nag-commit na ako sa bago kong employer yesterday. Pero pinaasa po ako ng previous employer ko for almost 2 months and since I am planning to resign from them, gusto ko pong malaman kung pde akong mag resign sa kanila due to constructive dismissal. Nag-apply po ako sa ibang company kasi parang walang nangyayari sa pag aantay ko sa kanila at di rin kasi bayad ang floating status ko sa kanila. Sa tingin nyo po ano ang pde ko pong i-kaso sa kanila kasi po di raw po talaga nila ako babayaran sa saparation pay however they advised me already na pag nag resign po ako may makukuha po akong compensation for 5 years na nag-stay sa kanila…can this be considered as Constructive Termination or Dismissal since pinabayaan talaga nila ako kahit puede naman silang magbigay ng consideration since 5 years na ako sa kanila. And lately po, may nagsabi sa akin na maghanap na raw po ako ng work kasi may humaharang daw po ng application ko, mahirap patunayan eto pero sa nakikita ko po meron po talagang humarang ng application ko. Pde rin po ba nyo akong bigyan ng contact number na pde kong tawagan who can help me with my case kahit kayo po sana…Thank you so much in advance.

    [Reply]

  82. may concern po ako at need ko po ng advice.nahire po ako ngstart ako s hardware store mgwork as counter supervisor last june 28, 2007 sa cab city, nung mg open po ang new branch ng company s pasig nlipat po ako dun nung november 2009. month po ng august 2010 ngfile po ako ng resignation dhil pauwi n po ako ng bcol dahil wala na pong mag aasikaso sa mga anak ko. yon po ang reason ko kung bakit po ako ng sbmit ng resignation letter that time. at dahil po kulang ang kumpany ng manpower at may branch nman po cla dito s bcol, hindi po inaccept ng may ari ang resignation kundi ng usap po kmi at ngkasundo na dito na lang ako magduty. sept 2010 po ng lumipat ako dito s bicol for good na po. at dahil hindi nman po nawawala sa 1 kumpany ang sumbungera, feb ng kasalukuyang taon may report n nkarating sa may ari na may faborito daw akong kahera ko at nkikita daw kami na minsan nasa labas kahit na nkaduty. at 1 pa pong report na dinadala ko daw po mga anak ko sa trabaho. inadmit ko nman po yong report na yon at nagpaliwanag po ako sa may ari. yong kahera ko po tnanggal agad sa work na wala man lang kahit na anong nda memo. tinawagan po ako ng may ari nung march 24, 2012 at tinanong kung magreresign daw po ako. ang sagot ko po “hindi po ako magreresign’.mar29 ngpdla po ng memo ng suspension ko effective april3-10,2012, itinaon po n holy wk at alang pasok s office. at inilagay pa po s memo na after rendering ng suspension ko, i was referred to report at the head office for transter of duty. ayaw na po akong pabalikin sa duty kp. sinqbi ko po sa may ari na hindi na ako makaluwas ng manila kasi ala na pong mag aasikaso sa mga anak ko. ang sagot po ng may ari ‘problema mo yan, basta hindi ka na pwede mgduty dahil may ipapadala na akong kapalit mo.pinapagleave po nya ako pero walang bayad kahit kelan ko daw gustuhin. magtext ka na lang kung kelan ako makapag report sa head office. ngfile na po ako ng case s nlrc legazpi city last april 11, 2012 ng constructive dismissal at ung 1st joint conference po namin na nakaset nung april 18, hindi po nagpakita yong employer ko bagkus nagpadala po ng letter na ipamove daw po ng may16,2012 ung conference. at dahil sobrang tagal po ng may 16, nakiusap po ako s nlrc na kung pwde ipareset uli ng mas maaga april 30,2012. ask ko lang po sana if may laban po ako sa kaso po na ifinile ko? need ko po ng advice asap…. thank you very much…

    [Reply]

  83. Good day! I would like to ask your opinion regarding my current work situation. I am a professor in a local institution here in our province. Due to decrease in enrolment of nursing students, several professors were asked to leave ( retrenchment?) by the university president and nursing dean. They were given letters and were told that they would be given a certain amount as separation pay. After few days, i was asked to have a meeting with the dean. The dean told me that he can not retain me in the nursing department and was asked to resign or wait for the retrenchment. (With the way I see it, it seems like that it is only the dean who wants me to resign, and not the insitution since i did not receive a letter from them and am not included in the list of those who will be retrenched) That, plus the fact that his assistant forwarded to me the dean’s text messages asking me to resign before the semester starts. My questions are: 1. Can this situation be considered as constructive dismissal? 2. Are text messages from his assistant be considered as evidence in court / DOLE? 3. If there had been retrenchment, why is that the other department is aking me to lecture for them this coming semester? What the nursing dean is asking me, is to resign and re-apply again for me to lecture to other department, which i think is very unfair on my part since i’ll be losing all the benefits that im enjoying right now as a permanent regular employee. 4. What is the legal basis for an institution to claim that the termination of my co-employees is retrenchment and not illegal dismissal? Shouldn’t they have any letter from DOLE or CHED that they are allowed to retrench employees?

    Hope to hear your opinion regarding this matter. Thank you very much!

    GLEN

    [Reply]

  84. Good day my concern po ako regarding sa illegal dismissal na ginawa sa akin i worked as collection officer in a bank.May 3, 2012 i worked the whole day then about 5pm my team leader and supervisor met me to adv that May 3, 2012 is my last day. I was terminated because of low productivity ,they issued several memos to me because of low prod., i also suspended for 1 day.Tanong ko po tama po bang i-terminate nila ako ng ganun ka immediate? i filed a complaint on labor but i dont have any idea kung ano -ano po yung dapat kung i claim sa company namin. thanks!

    [Reply]

  85. I also woked in a bank almost 4 years,humihingi po ako ng advice kung ano ang gagawin ko. salamat

    [Reply]

  86. hi need help. can my employer opt to withold my pay instead of just suspending me for just cause? pls help within the day

    [Reply]

  87. Mag inquire po sana ako, i’ve been in the company for almost 10 years, i got promoted twice then im in one year na po s bago kong position. May boss po and he was the son of the owner, nagkaroon po cla ng family issue a month ago nung ngresign po ung boss ko (son) sinabi sa kanya na ung mga tao nia including me eh mgresign n rin, after dat ngkaroon ng meeting inannounce nung may-ari na kaming mga tao nung anak nia is babantayan ang mga kilos, dahil alam nia na may due process kung iteterminate po kmi, kaya ang gagawin nila is titirahin kmi s performance..from then nanghihingi n po cla ng mga report na imposibleng matapos s binigay nilang deadline and after that may may surprise audit p po n ginawa s office na hawak ko po.dahil po d2 napagdesisyunan ko n mgresign, pinilit ko pong icomply lht, ngunit hinohold po nila ang aking clearance, ano pong magandang gawin?

    [Reply]

  88. jonathan lopez Comment:
    May 31st, 2012 at 08:53 pm

    ask ko lang po pwede bang madismis sa teaching profession ang guro kapag my kumkalat syang malaswang litrato.na ninakaw sa kanya…at ito ay ipinagkalat

    [Reply]

  89. sir tanung ko po itong mga action na to ng employeer nag a’amount po ba sa dismissal?

    1. kinuha ang i.d ng walang dahilan
    2. binigyan ng suspension memo ng walang concretong basihan at mga nakalagay doon ay mga pangyayaring hindi naman naganap.
    3. ayaw bigyan ng copya ng suspension memo bilang patunay na suspendido lang for the purpose againts “AWOL”.
    4.After the alleged suspension dapat may medical certificate na ibibigay for no reasons.
    5.ayaw papasukin sa kompanya dahil suspendido daw pero wala namang binigay na copy of memo. thankyou.

    [Reply]

  90. Hi sir, I am holding a position of Java Team Leader managing 5 junior developer and one QA, the client company decides not to extend its contract to our company. All my teammates had been given a separation pay, but they want me assigned to do a maintenance project which is a demotion from being a team leader to simply a programmer. When I refuses to be re-assigned, they said that I am not entitled to separation pay since I am not accepting the option that they are giving me.

    The salary is not going to change, but the problem is, my rank has been demoted and the new position is temporary since they said that it may or may not last a year depending on the clients decision.

    So the basis why I refused to be re-assigned is:
    1. I am demoted by being on a management level to a programmer.
    2. There is no security of tenure, from a full time employee, I will become contractual in the sense that the post may or may not last a year.
    3. I was programming in JAVA, the new post is using VB6 which is no longer marketable in the IT industry, so i feel that this in itself will have a great impact on my career.
    4. My current appraisal score is near perfect so the demotion in rank is without basis.

    Am I entitled to a separation pay?

    [Reply]

    admin Reply:

    There is demotion when an employee is appointed to a position resulting to a diminution in duties, responsibilities, status or rank which may or may not involve a reduction in salary.

    While movement of employee may sometimes be justified by business necessity (partial closure, transfer of operation, etc.), such movement must not amount to demotion. The new position must at least be equivalent to the old position (both in rank and benefits).

    Demotion is tantamount to constructive dismissal. An employee who is unlawfully demoted/constructively dismissed is entitled to payment of separation pay.

    [Reply]

    Bryan Reply:

    Good am po.. Tanong ko lng qng con-dismisal na ngyare skn .I’m a chef then my incident na ngyare my costumer complain po kc dun sa meal.. Then ung executive chef nmn biglang nagalit .hindi nya ako binigyan ng sched kinabukas then the next day nagtanong ako kung my sched ba aq that day..at sbi po anty q nlng dw txt nila, kc dw po my rta (return to agency) dw po aq e first offence ko palang naman un. Pag punta ko pa store pra sna mg sign pra dun sa basic salary sna nmn sa guard plng po pinagbawalan na ako makapasok sabi dw po ng chef.. Wla man lang po hiningi incident report sa akin or pg paliwanig man lng aq nalaman q nlng automatic dismisal na po ngyare skin. Hnggng ngyn po nagaanty aq sa isinampa skn na case..ma consider po ba na constructive dismissal ang nangyare??

    [Reply]

    admin Reply:

    Kung hindi ka na pinapapasok sa trabaho, at wala namang notice sa current status mo, maaring matawag na yan na constructive or illegal dismissal. Maari kayong magreklamo sa NLRC.

  91. shirnalyn c. carreon Comment:
    June 15th, 2012 at 09:06 am

    hi i would like to know if what the next step would be after issuing a notice to explain to an erring employee but refused to accept? i already have the copy of the memo which was signed by the issuing officer and a witnessed who was with him when the memo was issued.
    hoping to hear from you the soonest. Thank you and more power!

    [Reply]

  92. Good day sir/mam,

    Isa akong manager sa isang printing firm. I handle the supervisors, bale 8 sila. All of a suuden, inalis ako sa pagkamanager, they created a new position na manager din, but ako ang nagdedeliver/ ako naniningil na sa mga kliyente namin.

    is this a case of constructive dismissal ?

    [Reply]

  93. I have a question about the position of may status.I was a material controller/planner,then they already hired a new person to do turn over about my work,even i did not yet resigned.Because they heard that i am applying in abroad,but part of that,i still do my task to make turn over to the new person.My confuse is that fist they told me to be transferred to other plant as a material controller,its ok for me but as weeks go by,nothing was happened and as i ask,they said that there is no slot anymore.But as of now they decided me transfer to other department as a document controller.( all was just verbal no document yet).And i said to our manger that i will not accept that,and i would like to refuse,cause for me,its a demotion and not in my line.The work that I applied here for 5 years was a material controller.Can you please help me what to do?

    [Reply]

  94. good day po..

    ask ko lang po..tama ba na sabihan ka ng immediate superior mo na ” if i were you, better resign because this company does not need or even elsewhere”..
    nag rereklamo po kasi ako sa office namin kasi unwanted noise na po yung naririnig ko..with that, i posted in fb ” napa ka ingay nyu..please bear in mind” without mentioning any names with that posting..nagalit po kasi ang superior ko..kaya she posted that ” if i were you, better resign because this company does not need or even elsewhere”..
    that phrase was posted in facebook..i was told to resign..is it right? is there such thing as force resignation?

    salamat po :)

    [Reply]

  95. good day po..
    ask ko lang po..tama ba na sabihan ka ng immediate superior mo na ” if i were you, better resign because this company does not need or even elsewhere”..
    nag rereklamo po kasi ako sa office namin kasi unwanted noise na po yung naririnig ko..with that, i posted in fb ” napa ka ingay nyu..please bear in mind” without mentioning any names with that posting..nagalit po kasi ang superior ko..kaya she posted that ” if i were you, better resign because this company does not need or even elsewhere”..
    that phrase was posted in facebook..i was told to resign..is it right? is there such thing as force resignation?
    salamat po :)

    [Reply]

  96. Hi Atty Good day,

    Ask ko po if constructive dissmisal ang ginagawa sa amin ngayon. 6 years na po ako dito sa company at dahil sa issue ng CBR gusto nila ilipat kami sa ibang company na pagaari din nila. Allow po ba ako ng separation pay for my 6 years of service kahit na po sila din ang maglilipat sa akin sa company na pagari din nila.

    Papayag po ba kami na ililipat kami then gagawa kami ng agreement na continues ang 6 years of service to the new company kasi po ang akin is ibang company na to kahit na sabihin pa na sila din ang may ari mag iiba pa rin ang company name ng mga papers namin.

    Thank you

    [Reply]

  97. Rodolfo Tan Comment:
    July 23rd, 2012 at 10:24 am

    Hi Atty,

    I’ve been with the same company for 7 years now as Director handling operations and sales management. Until recently, one of the company executives decided to take out the operations component of my job and asked me to concentrate on sales. She (the executive) also appointed her son to handle all other tasks that I’ve been doing. Although unofficial, the son informs everyone else in the office that I am (demoted) the Sales Director–a task that was never a key performance indicator ever since. After just one month, now the son repeatedly mentions that if I don’t perform in sales, I will be let go. Am I entitled to any separation pay/benefits?

    [Reply]

  98. josie almeda Comment:
    August 3rd, 2012 at 09:36 pm

    hi atty, im holding a managerial position in one of the hospitals here in manila. we are having a problem with our HR officer, he seems to have executive power na di namin naintindihan san galing ang instructions. he keeps on giving feedback to the BOD na okya lang ang hospital and yet the situation is very different from the real scenario. halos lahat ng emplyeyado galit na sa kanya, mababa ang morale because of indiscriminate firing of employees. pressured lahat ng mga unit heads and with this, nakaabot na rin ako sa point na magresign with my present post and back to unit head nurse nalang. i’ve been with the institution for 18 years. my diminution ba na mangyayari dito? thank so much and god bless!

    [Reply]

  99. may i ask can i file a case of constructive dismissal and what will I gain from it? I only work for 6days in dental clinic in SM, the husband of employer yelled at me for not wearing a uniform he kept saying hindi ka uubra sakin tatanggalin kita! everyone heard it and a doctor employee ask me to go sa kitchen at di pa tumigil and husband at panay ang pagsasalita ng kung anu anu. nagpaalam ako ng maayos sa wife na hindi na ituloy ang training pero sumabat ang husband ng goodbye na me pang iinsulto. tapos ng lumabas ako bumalik uli para kunin ang payong ko bigla hinarang nya ako at inaakusahang binabangga ang monitor nila at humarang pa sa daanan ko at naghahamon. paglabas ko ng clinic nakita nya akong kausap ang security at lumabas sya at nakipagaway sakin at muntik pa akong susuntukin kundi pa nahawakan ng guards. At pagtapos nun pinasok kami sa security office ng SM lalo syang umangas at sinabing di na makapasok ang pagmumukha ko sa SM, nilait lait ako at dinuro duro at sinabing bobo ka, bobo at yang pagmumukha mo!! at minura ng putang ina for 3times. hinahamon pa ako ng sapakan. pwede po ba akong magkarun ng justice since ang SM eh ang sabi kung baga sa boarding house wala raw silang pakilam sa mga tenant kung me pambayad naman. Di rin sila sumisipot ng hearing sa labor at pinadrop ang case at ilipat kodaw sa lnrc qc. anu po ba ang dapat at me laban pa ba since wala silang contract signing at 6days lang ako.

    [Reply]

  100. I am currently employed as a call center agent, however I passed the interview for working abroad. I am on leave due to sickness for 10 days now which cause me not to submit my resignation letter immediately. Can I pass a an immediate resignation due to travel abroad? Is this valid? I’ve heard that recently our company removed the policy regarding immediate resignation, I bet this is due to our company’s performance. We loss big amount of incentives and more and more agents are resigning but what they are doing is to dumped all the resignation letters, agents in the end are being terminated due to delayed processes. However I didn’t sign any acknowledgment letter or notices yet. Hope to get an immediate response. Thank you.

    [Reply]

  101. Good day
    Just want to know if an employee is under suspension and he decided to resigned even he still in suspension day is it possible the employer still need to accept the decision of employee…

    [Reply]

  102. Good day
    Just want to know if an employee is under suspension and he decided to resigned even he still in suspension day is it possible the employer still need to accept the decision of employee…

    [Reply]

  103. Yung AGENCY A kc namin ayw na irenew nang contract ni CLIENT COMPANY A so ang iba sa amin ipa na early end na ni CLIENT COMPANY A sakop po ba yun ng illgal dismissal? makapg apply pa ba kami kay AGENCY B na ang kliyente ay si CLENT COMPANY A din na ndi madedemanda si AGENCY B and CLEINT COMPANY A kc ndi namn nya kami madeploy sa iabng company ni AGENCY A kc wla namn siyang ibang hwak pa na company? pero sabi nya ndi naman siya sarado wla lang siya kliyente.at sabi pa ni AGENCY A pwede daw siya tumkas pra sa aming 13th month pay at coop na pera at ang hahabulin lang daw namin si CLIENT COMPANY A tama po ba ito?

    [Reply]

  104. Good day,

    I worked in a call center for 6 years
    with a position title of technical support representative.
    My company and Company B has merged operation.
    we answered DSL Repair account that time but the management
    held a townhall meeting and informed us that we will be
    transferred to Company C. They promises that our position
    of being technical support rep., benefits & compensation and
    seniority will be retain but nature of work will be change
    since we will handle tel repair. The DSL account was
    bought by Company B.
    I was suprised when I requested for COE since they indicate
    that my currently position is customer service representative
    and insists they already bought our company so our position title will
    be CSR effective jan 1, 2012. I did not sign any contract
    to change my position title and they did not informed us.

    Hoping for your kind response.

    Thank you and God Bless!

    [Reply]

  105. Hi Sir/Ma’am,

    I just want to ask your advice regarding my situation.
    I filed labor case to my employer mainly due to constructive dismissal. I also filed a blotter because the owner threatened me personally sometime when we had a conversation. Now that they already received the summoned for the arbitrary hearing, they are asking me to report to office. Due to my fear of my life and other situation that may happen if I’m inside the company premises, I decided not to report.
    Is my action justified for this matter?

    [Reply]

  106. Franuel Villadelgado Comment:
    November 2nd, 2012 at 11:44 am

    Good Day Sir/Madam,

    Sa situation ko po, I had previous mis-conduct in our company hence they gave me suspension and demotion in rank but after several months, the management gave me another chance and accepted me again. I was assigned in a another department, after a few months, they assigned me to handle a big project which I did and managed to performed well, pero nung lalabas na po lahat ng mga project ay bigla na lang po naging iba ang ginagawa sa akin ng owner. If I am not in the office doing field works, he kept on saying bad impressions na laban sa akin at binabalik nya ang mga nangyari nung past dahil ako daw po ay mangloloko at nagpapatalo ng mga bidding. Umalis po ako sa company and demanded them to release my pending commissions and car claims dahil wala po silang basis and hard evidence sa mga bintang nila. Its been more than 1-1/2 months and up to this date I am writing to you this email eh wala pa din sila sagot sa akin tru emails Re my claims pero may mga text messages communications po ako sa in-charge sa accounting at sa owner mismo na nagsasabi na maghintay ako pero walang definite time or date and threatening me that they will sue me. Anu po ba ang dapat kong gawin?

    Your immediate reply will be highly appreciated.

    Thank you so much.

    [Reply]

    admin Reply:

    Your first option is to wait. This is the logical thing to do if the delay is reasonable, and you are sure that payment is forthcoming.

    Your other option is to file a case for monetary claim against your employer with the National Labor Relations Commission or DOLE, depending on the amount of your claim (DOLE if your claim is less than P5000).

    Withholding of wages (earned salary or commission) is a violation of the labor code, and entitles the employee to damages and attorneys fees.

    [Reply]

  107. Franuel Villadelgado Comment:
    November 2nd, 2012 at 12:34 pm

    Until when po ang dapat kong gawing paghihintay? Malaki po ang claims pending ko sa kanila kasama ang mga sasakyan na naikaltas po sa mga earned commissions ko ang hulog. Also, wala po sila ini-issue na ako tinanggal na nila but still they keep on saying negatives tungkol sa akin.
    Yung sa poing po na mga project na ako ang nag-work-out at ngayon ay mga palabas na, may karapatan po ba ako dun?
    Kung maghihintay po ako, anu po bang paraan ang dapat kong gawin para tigilan nila ang pagsasalita sa akin ng masasama sa harap ng ibang tao?

    Thank you.

    [Reply]

  108. Is forced to resign is another form of constructive dismissal?

    [Reply]

  109. Christine Concepcion Comment:
    November 8th, 2012 at 06:04 pm

    good day. working student po ko sa araneta coliseum. ako po ay inakusahan na ugrading of ticket, may isang janutress na nagsumbong sa aming head na

    may tatlong lalaki, na dumukot ng wallet at kumuha ng pera, inipt sa wallet at inabot sa kin. tinanggap ko daw ang pera at ticket, pinapasok ko daw sila, at binulsa ko ang pera at itinapon ko daw ang ticket. ang janitor na nakakita ay pinapulot ang ticket na itinapon ko daw, at nireport ako sa head namin. dahil upper b daw ang tcket na pinapasok ko daw sila sa upper a”

    inilalaban saking ebidensya ay ang ticket at ang statement ng janitress.. ako daw ay hindi bibigyan ng duty hanggat di ko daw napapatunayan na wala akong kasalanan.
    nung una, ay pinapapili ako, magresign nalang daw ako para daw malinis ang pangalan ko, ang pangalawa ay ilaban ko, at magpafile daw sila ng case against sakin na malalagay daw sa 201 file ko.

    ano ang dapat ko gawin? hindi ako bibigyan ng duty hanggang di ko daw napapatunayan na inosente ako. salamat

    [Reply]

  110. na relocate po ako sept of 2011 sa cebu with 1 year contract,bago po ako nagmaternity leave nagkasundo po kami ng manager ko na sa office na sa manila ako papasok after ng maternity leave ko dahil tapos narin po ang 1 year contract ko sa cebu.pinababalik po ako ngayon ng cebu pero hindi na po possible,mahihirapan po ako maghanap ng bahay at hindi ko po pwede ibyahe ang newborn baby ko.pinipilit po ako ng manager ko na bumalik ng cebu or magresign nalang,more than one month na po akong floating status at nahihirapan financially.kailangan ko daw po kasing magapply ng position sa manila office.unfair din po kasi may mga kasama ako sa cebu na nailipat sa manila office kahit wala pang available na position.anu po ba ang dapat kong gawin?

    [Reply]

  111. hi po,nag render po ako ng resignation for 15 days sa isa sa malalaking call center company dito satin.di po nla binigay ung incentive ko s final pay pati ung rdot tpos wala clang bnigay khit isang kusing dhil may loan po ako s sss.ask k lang po kng legal b n kaltasin nla sa final pay ko ung loan ko at kaltasan ako ng 22 days breach of contract khit nag render ako ng 15 calendar days?sobra sobra po ata ung tax refund,13th mo pay,salary for last cut off and unused SL ko pambayad s loan ko.pls help po.sobrang stressed na po ako sa gnagawa nila.

    [Reply]

  112. Good day sir, tanong ko lang po since June 1991 up to present ay nag wo work po ako sa company na pinapasukan ko dito sa Quezon City,year 1996 ng ma promote po ako bilang supervisor,at na assign po ako sa ibat-ibang branch Olongapo(4 yrs) at naging baranch Oic po sa Alabang branch year 2006 hangang feb.1012. Ang tanong ko po ay ganito lahat po ng mga regular employee na kasama ko sa trabaho ay pinag resign po ng may ari ang dahilan po ay humina ang takbo ng negosyo nya, may natanggap naman po silang separation pay, ngayon po ay pinag reresign po ako ng may ari at babayaran po sa halagang P120 thousand at kung hindi daw po ako mag reresign idi demote po ako sa aking trabaho, hindi po ako nag resign dahil hindi po sapat ang ibabayad sa akin kaya ang ginawa po ng may ari ay binalik ako sa branch sa Quezon city at ina sign bilang assistant ng technician at ginawa din po akong 5 days work lang at inalisan din po ng alowance, Ang sabi po sa akin ng boss ko hindi nya daw ako dine demote pero ang gianagawa ko po na trabaho ay hindi ko po dating ginagawa may mga salita din po siyang may halong panlalait sa akin.Gusto ko pong mag resign subalit palalabasin lang po ng amo ko na boluntaryo po aking resignation at nababahala po ako na mapunta po sa wala ang 21 yrs kong paninilbihan sa kompanya. Paano po ba ako mag pa file ng Constructive Dismissal. Sana po ay matulungan nyo po ako..

    [Reply]

  113. ask ko lang po atty. denimote po ako from sr. supervisor to clerk, tinanggal ang benifets and allowances ko. ang grounds na binigay sakin bingi ako at di na daw maka communicate. ang ginawa ng hr manager namin kumuha xa ng consultant na gagawa ng report na ang pag kabingi ko ay hindi work related. tapos pinaka usap ako sa director daw namin. pero sa org chart namin hindi naman xa kasali.. ano po ang dapat kung gawin?

    [Reply]

  114. hello there! ask ko lang po ano po dapat gawin dating P1000/day salary as a Manager…Then suddenly ginawa P500/day ginawa ranking file.. wala naman po nagawa offense si manager… nalaman lang ng management na the manager is helping the ranking file to have their UNPAID benefits like SSS. PAG-IBIG, PHILHEALTH, TAX na kinaltas sa kanila every payday for three years na, na dapat iremit ng mgmt dahil rights nila yun. I appreciate your reply, maraming salamat po!

    [Reply]

  115. good day,

    Gusto ko lng itanong kng may right po ba kming mga employee na magreact after na mgforward kmi ng petition letter against sa isang HR assist. nmin. Almost 2 weeks na po na naforward ang petition letter, sbi nila itinrasfer daw sa main office nmin pero til now dito parin sya..may balita din kmi na gwin daw sya ni boss na secretary nya..ano po pwede naming gawin. Nang sya ang naging HR nmin gumulo po ang departamento nmin… sana mabigyan nyo kmi ng sagot at advise.
    tnx

    [Reply]

  116. Hi Sir,

    I have a question, yung regularization ko will happen on March 10, 2013. Since day 1 I haven’t received any performance review or a 1:1 session with my direct supervisor. Kung extend nila yung regularization ko is that allowed by law? at kung hindi man ako i regularize, ano ang pwede ko ikaso sa NLRC, for maybe extending my regularization or possible non regularization?

    Thanks.

    [Reply]

  117. hi! ask ko lang po, kase I really feel that I am disriminated and not fairly treated ng company. Nagakakasakit na po ako as stress. can this be a valid ground to file a case? IAgaint my will i resigned, though naka indicate po na the reason why i am resigning is because i cant take the situation anymore. Managemt just kept in coverint heir asses and ung mga escalated issues ko wala man lang sagot or what? Gusto ko po mag file ng case, anopo ba dapat?

    [Reply]

  118. Ask ko lng kc ung present employer ko ay ngclose at ngpalit ng new company name pero same management same lahat… Ngayon po ng demand po ako ng separation for the length of service ko dun sa previous name ng company.. pumayag nman c boss at ang sabi nya ok mgbbayad ako pero out k n sa company… U have a choice a mg re apply pero its management choice p rin kung ttanggapin k ulit… Sa case ko pong ito ano po b ang computation ng separation n dpat kong matanggap? Salamat po….

    [Reply]

  119. Ask ko lang po if micromanaging an employee is a constructive dismissal. They have a spy or fault finder. Ano dapat gawin po dito? Maraming salamat po.

    [Reply]

  120. name: better not be published Comment:
    January 31st, 2013 at 02:03 pm

    Hi,

    Ask lang po ako. I have tender my resignation letter last January 5, 2013 where I indicate that the effectivity is on the end of my contract which is January 12. But since there is 30 days notice, the effectivity would then be February 5, 2013. But my employer ask me to extend until April, I refuse and just said I will just stay until March 31, 2013. That was a verbal agreement. Now, my new employer will need me to report on the 2nd or 3rd week of February. What should I do when my I have my commitment to my old employer? Can I still get my clearance and certificate if I would not stay until March 31? If not. What law supports this. Naguguluhan talaga ako. I need your help.

    [Reply]

  121. hi sir, just need to legal advice in regards to my case. Can I file for constructive dismissal on this case p..? Na-lift po ung preventive suspension ko last december 6, after the investigation they finally recommend me for movement to another acct. Sabi din po s letter, they will re-profile me to a diff acct and that I need to pass the screening process and training of that said acct. So effective dec 6, im on “floating status” that means i need to wait for their call once the said acct is already available. Ive waited for a month and finnaly i received a call from dem and inofferan po aq ng mas mababa kesa sa basic ko dti pti allowance ko po ay binabaan kc ang reason ay un lng ung acct n pde skin at ung lng ung compensation package dun s new acct na lilipatan ko.which i told dem its not fair so i declined the offer and they told me pg di ko tinanggap then wala akong choice kundi mgresign. I’ve been with the company for 1 yr and 3 mos to be exact. is this enough ground for me to file constructive dismissal against my company? pls let me know asap.

    [Reply]

  122. Michelle Hernandez Comment:
    February 4th, 2013 at 03:01 pm

    I just want to ask what is the punishment of the company for Constructive Dismissal? What can the employee get if they won the case?

    [Reply]

  123. Good sir, nag file po ako ng constructive dismissal against my employer. May escheduled mandatory conference na po kami. Ask ko lang po kung pwede na po ba akong mag-resign at maghanap ng work? HInde po ba mababale wala yung file ko kung magreresign ako….Maraming salamat po.

    [Reply]

  124. Magandang araw, maaari ninyo po ba akong tulungan at bigyang opinyon sa aking hinaharap na problema sa trabaho.
    Ako po ay isang Branch Mngr sa isang distributor ng motor, masasabi ko pong nagagampanan ko ng maayos at tama ang aking trabaho sapagkat buwan buwan po ay nakaka-quota o nakaka-target ako sa sales. sa katunayan ay naipapadala rin po ako ng aming supplier sa ibang bansa para magbakasyon dahil nga ako ay palaging nakaka-quota.
    isang araw ako ay nakatanggap ng MEMO galing sa aming HR alledging na ginagamit ko ang oras ng kumpanya sa aking pagtuturo sa isang eskwelahan dito sa amin. madami po silang sinasabing ebidensya at testigo pero ng malaman ko ay puro narinig lamang nilang verbal sa mga tao daw na nakausap nila. bukod po doon ay binastos din po nila ang eskwelahang pinagtuturuan ko dahil sapilitan nila kung hingin ang aking Teaching Schedule na wala man lang sulat galing sa aming HR dahil sya daw po kase ay aming Audit Officer na nagpanggap pang kaibigan ko daw po sya. sa madaling salita hindi ibinigay ng eskwelahan ang aking teaching schedule sapagkat sila ay meron ding polisiyang sinusunod.
    upang mapatunayan ko na wala akong kinukuhang oras sa aking kumpanyang pinagtatrabahuhan ako ay gumawa ng letter sa eskwelahang aking pinagtuturuan na bigyan sila ng kopya. ako po kase ay nagtuturo sa gabi pagkagaling ko po sa opisina.
    tama po ba ang naging pamamaraan ng kumpanyang ito pati narin po ang mga empleyadong kanilang pinagiimbestiga?
    nang tanunggin ko din po sila kung sino ang taong umaakusa sa akin ay ayaw nilang sabihin at ang sabi nila lang ay isang concern employee.
    ako po ay nalungkot at sumama ang pakiramdam na kulang nalang ay dalhin ako sa ospital sa pangyayaring ito.
    ano po ba ang mga legal na pamamaraan na dapat kong gawin sa mga empleyadong ito na alam kong gusto lamang makapanira sa kanilang kapwa. tama rin po ba ang ginawa ng aming HR na hindi sabihin kung sino ang taong umaakusa sa akin ng ganito.
    ano din po ang aking pwedeng gawin kapag hindi nila napatunayan ang inaakusa nila sakin.
    at ano din po ang aking pwedeng gawin sa auditor na sapilitang pumasok sa eskwelahan na aking pinagtuturuan na ayaw pong magbigay man lang ng ID at mag-log sa logbook na sa kanyang ginawa ay ako ay napahiya sa eskwelahan aking pinagtuturuan.

    Lubos ang aking pasasalamat sa inyo!

    [Reply]

  125. hi,

    i am still technically connected with a bpo. pero recently nag announce most employees will be ob floating status 5% lang ang tira effective supposedly s 22 feb.may pinirmahan kami na document. come feb 15 nag announce na dahil hindi nagfall yung mgaaccounts na ineexpect ng company kelangan maaga ifloating mga tao. so on the saeday binigyan kami anther document na start na ang floating stat on the same da. mist if us did not sign coz we want to knoe the legality of wat thry did. inaskng hanggang kelan yung pay naarereceive namin hindi makapagbigay mg straight answer. ang sabi pabawalna daw kami pumunta sa offic. pinasurrender ying mga ids. 6 monthsdawkami floating indefinitely with no pay dahil wala sila account na maprovide for us.ay laban po ba in case ma consul sa nlrc?

    [Reply]

  126. Sir,

    Ganito po kaso ko…

    Previously 2 kami nag work na magkaiba ang functions…
    Ngayon yung dalawang functions pinag-isa na sa akin pero walang increase sa sahod… Kung magresign ba ako pwede ko bang gamiting reason yung constructive dismissal?

    [Reply]

  127. Sir ask ko lang, kasi last December 2012 60% of the employee was redundant by our company without installing any labor saving device or whatsoever. Only few are left and when I ask if I have an option, the management told me that there is no option but to stay. After working to our capacity for 3 months trying to keep the company afloat. Take note, no increase in salary considering I taken over the function of one of our manager included in the redundancy. Then recently then ask me to sign a form stating my new position without any movement on the salary and without showing me the job description. I was told by the management If I dont want the way they do things better for me na umalis.

    [Reply]

  128. Good day sir, dati po ako merchandiser sa last company na pinasukan ko due to medical condition hinintay ko nalang po na ma end of contract ako saka ko po sinabi na di na ako mag continue then pinapirma po ako ng resignation letter para po daw mabilis ma process ung cashbond ko sa kanila at backpay sabi nila within 2 months lang pwede ko na po balikan then kinokontak ko sila after 2 months di sila nagrereply a mga text ko anu po ba pwede ko ikaso sa kanila kindly help po thanks

    [Reply]

  129. Good day! What if na terminate ka.. dahil po sa pagsasar ng business ng isang foreigner mo na amo.. tapos binigyan ka na po ng sepeartion pay.. pero ang totoo ehh.. hindi naman talaga nya isasara ang business nya.. may laban ka pa po ba dun??

    [Reply]

  130. Hello I Apply as Graphic Designer. But when they hire me they change it to IT/ Web designer where I have no idea in IT works and I’m not doing any web design. Because they are using an IT company as a dummy to hire graphics designer where in the said company is not involved in designs business.

    My questions:
    1.Is that a breach of contract?
    2 What section of labor can I find that violation?
    3. Is there any other violation that can be charge?

    Thank You!

    [Reply]

  131. I was terminated by my foreigner boss , 1 year and 3 months po ako sa work ko.. then trough text terminated na po ako binigyan po ako ng separation pay but before po ibigay yun pera pinapirma po nila ako sa QUIT CLAIMS/RELEASE CLAIM.. humingi po ako ng copy ang sabi wala pa daw po NOTARYO ng atty. and wala po sila ISSUE Certificate of termination. ang sabi po mag close na yung business nya after 20 days according po dun sa mga text nya.. at pagterminate sa akin. pero nag hire pa po sya ng 2 new employee after nya po ako iterminate.. may legal po ba na paraan para maireklamo ko pa po sya..kasi according po dun sa pinirmahan ko wala na daw po ako habol sa kumpanya.. pero bakit po ganun.. sang sabi mag close na eh.. nag hire pa po uli ng bagong empleyado..

    [Reply]

  132. ask ko lang po if consider na illegal dismissal yung ilipat ka ng kumpanya sa ibang kumpanya ng hindi mu alam kahit na ang may-ari ay iisa lang. . maraming salamat po.

    [Reply]

  133. jeric victorio Comment:
    April 6th, 2013 at 12:42 am

    Dear Attorney,
    im a medical representative of Yung Shin Philippines Inc. for 1 year and 7 months. Suddenly this Last Wednesday our company announced that our sales team will not operate anymore because they are giving all areas and responsibilities to one our distributors and they are asking is to resign from our position and apply to the distribitor who will take over our areas, we are 8 of us in our sales team and all of us are regular employee, prior to that incidence the company suddenly change the policy of our terms and condition in marketing which cause our sales goes down, apart from that our company also suddenly cancelled all fieldworks activity ans advised us to report in office daily without knowing the reason, only to find our that all are allowances i. e. car rental, gasoline allowance, meal allowance, phone allowance that usually to be reimburse bi-monthly has been cut, which are from the beginning of our employment was offered as part of our daily benefits regardless if we do fieldwork or office work. and now the company has given us limited time to decide to take the offer of resigning from the company and apply to out distributor or if not we will always report in the office day without doing anything just to punch in and punch out without getting all0wances, they also offered to some of us to take the tranfer of duty from medical rep to internal staff which we can’t get any allowance and car rental. Attorney I would like to know our rigths regarding this mattet, i hope you can help us.

    [Reply]

  134. Hi Atty,

    I am a manager in a firm. I accidentally found out that the company is hiring someone to replace me. Is this legal?

    I might also be transferred to our plant based in the province, 2 hours away from residence. Does this constitute constructive dismissal?

    Please note that these transfers are common in our company–they call it Job Rotation. Most employees just accept it, not wanting to leave this stable company.

    In my case, my job being “skilled”, any position I get transferred to would totally deviate from my skills and career path. It would be unacceptable on my part.

    Do I have grounds to file Constructive Dismissal?

    Thanks and more power!

    [Reply]

  135. Hello po. ask ko lng po kung macoconsider ba to na constructive dismissal.
    A friend of mine resigned from his job kasi po yong manager ng pinagtratrabahuan niya ay kalaban ng partidong sinusuportahan ng kapatid niya. Palagi daw siya pinagsasabihan na “naninira daw yong kapatid niya sa partido nila” and thing as such… nag resign nalang po siya kasi dun din raw po siya patungo. pLease reply po, ano po ba ang grounds if ever illegal po to.. thank you po

    [Reply]

  136. ask lang po. we are a bpo company. our client in US made a decision to end our operation and so our employer (Philippines) has no choice but to close the company and let go of all its employees. of course, they are entitled of their separation pay. but panu po sa case namin kasi pina continue kami to work but reassigned to another job and another company. panu po pag ung record namin back to zero, i mean ung years of service, benefits, salary. do we have the right to ask for our separation pay? thanks po.

    [Reply]

  137. Hi

    I had a business last 1990’s and was accidentally razed by fire last April 1997, totally distroyed including all stocks and equipments as well as all the books of account, financial statements etc. have been burned in the said fire.

    After so many years sad to know that our accountant did not report the accident to BIR and now I found out that I have a big amount of finds from them.

    What will I do now, please anyone can help me here.

    Your advice and time is much appreciated.

    Thank you so much.

    Marah

    [Reply]

  138. rogelio refulles Comment:
    April 28th, 2013 at 09:44 pm

    DEAR SIR / MADAME;

    GUSTO KO PO SANANG IHINGI SA INYO NG INYONG TULONG DITO PO SA AKING SITWASYON TUNGKOL PO SA AKING NAPASUKANG
    TRABAHO SA KUMPANYANG P.K.S.S ENTREPRISE, INC.
    ANG P.K.S.S ENTREPRISE, INC. AY NAGBEBENTA NG MGA IMPORTED HOME FURNITURES AT NAKIKITINDA SILA SA MGA SIKAT NA
    MALLS AT MGA SHOPPING ESTABLISHMENTS SA METRO MANILA AT MGA PILING PROBINSYA.
    AKO PO ANG TUMATAYONG REPRESENTATIVE O TINDERO NILA NA NANGANGASIWA SA PAGBEBENTA NG MGA PRODUKTO NG PKSS ENTREPRISE
    ISA PONG SALESPROMO O SALESMAN ANG TITULO NG TRABAHO KO.
    SA NGAYON PO’Y, HINDI NA AKO NAKAPASOK SA TRABAHO MAGMULA NUNG HULING PASOK KO NUNG MARCH 22, 2013. HINOLD PO
    KASI NG KUMPANYA KO,PKSS ENTREPRISE,ANG SAHOD KO.
    ETO PO ANG NAGING SITWASYON KO ,MULA SA UMPISA, SA PAGPASOK KO SA MAPANAMANTALANG EMPLOYER KO, ANG
    PKSS ENTREPRISE, INC:

    KINAUSAP AKO NG KAYBIGAN KONG SI ARNEL PARA MAG-APPLY NG TRABAHO SA KANYANG PINAPASUKANG KUMPANYA,
    ANG P.K.S.S. ENTREPRISE, INC., NA ANG OPISINA’Y MATATAGPUAN SA BUTING,PASIG CITY. SILA AY ISANG DISTRIBUTOR
    NG MGA IMPORTED HOME AND OFFICE FURNITURES. SI ARNEL AY ISANG SALESMAN NITONG KUMPANYANG ITO NA DESTINO
    SA ANSON’S APPLIANCES STORE SA CASH AND CARRY MALL SA MAKATI. INIRETO NYA PO AKO SA PKSS ENTREPRISE COMPANY
    BILANG KAPALIT NYA DAHIL SIYA AY MAGRERESIGN NA. AT AKO NGA AY NAGAPPLY BILANG KAPALIT NYA SA PKSS ENTREPRISE,
    INC.TINANGGAP NAMAN AKO NG P.K.S.S BILANG KAPALIT NYA. ANG NAGING SALARY KO BELOW MINIMUM NA P4OO PESOS KADA
    8 HOURS PERO ITATAAS DAW NG PKSS NG MINIMUM SALARY PAGKATAPOS NG 4 NA BUWAN AT KUNG “ MAGANDA DAW ANG AKING BENTA”.
    DAHIL SA AKO LANG ANG NAGTATRABAHO SA AMING PAMILYA AT SA HIRAP MAGHANAP NG TRABAHO NGAYON, TINANGGAP KO NA..
    JULY 10, 2012 ANG FIRST DAY KO SA TRABAHO. INENDORSE SA AKIN NI ARNEL ANG MGA PRODUKTONG ITETURN-OVER
    NYA SA AKIN. NAGSAGAWA KAMI NG INVENTORY AT NAPAG-ALAMAN NAMIN NA NAGKULANG NG ISANG BILANG ANG ISANG ITEM..
    PINIRMAHAN NAMIN ANG GINAWA NAMING INVENTORY AT SAKA IPINADALA SA PKSS ENTREPRISE. AT NUN DIY NALAMAN NG
    KUMAPANYA NA KULANG NG ISANG PIRASO ANG ININDORSO SA AKIN NG KAYBIGAN KONG SI ARNEL AT NAKWESTYON KAMING DALAWA
    NG P.K.S.S..

    ANG DEPENSA NAMAN NG KAYBIGAN KONG SI ARNEL NA, PWEDENG MAIBA NG LUGAR/PWESTO SA PAGKAKAMADA DUN SA LOOB NG
    STOCKROOM YUNG NAWAWALANG ITEM AT PWEDE RING MANGYARI NA NAIBENTA NA NG IBANG SALESMAN YUNG NAWAWALANG ITEM NG
    HINDI NYA NALALAMAN KASI HINDI NAMAN LAHAT NG ORAS AY NASA STORE SYA, TULAD NG ARAW NG PAHINGA NYA (DAY OFF) AT
    MAY MGA IBA PANG PWEDENG POSIBLENG MANGYARI (MERCHANDISING MATTER/PROCCES) TALIWAS SA ANGGULO NA KAGAGAWAN NYA
    O INTENSYON NYA KAYA NAWAWALA YUNG ITEM. DAHIL SA HINDI NA AUTHORIZED PUMASOK SI ARNEL SA STOCKROOM, ANG AKIN
    NAMANG SUGGESTION SA P.K.S.S. ENTREPRISE NA UNTI-UNTIIN KONG HAHANAPIN SA MALAKI NAMING STOCKROOM YUNG NAWAWALA.
    AT PINAKIUSAP KO DIN SA PKSS ENTREPRISE NA IKUMAPARA NAMIN YUNG INVENTORY NILA AT INVENTORY NG
    NG ANSON’S STORE PARA MA-ANALYZE NAMIN KUNG NAIBENTA BA O NAWAWALA TALAGA ANG KULANG NA ITEM.
    PAUNTI-UNTI AKONG NAGHANAP SA STOCKROOM AT ANG PKSS ENTREPRISE AY,GAYUNPAMA’Y, WALANG GINAWANG ANUMANG IMBESTIGASYON.

    PAGKARAAN NG MGA ILANG LINGGO, NAGPUNTA SI ARNEL SA OPISINA NG P.K.S.S PARA KUNIN YUNG NATITIRA NYANG SAHOD.AT
    NUN DIN AY TINAWAGAN AKO SA AKING CELLPHONE NG P.K.S.S ENTREPRISE PARA KAMUSTAHIN YUNG RESULTA NG AKING PAGHAHANAP.
    SINABI NILANG HINDI NILA IBIBIGAY YUNG SAHOD NG KAYBIGAN KONG SI ARNEL HANGGAT HINDI NAHAHANAP YUNG KULANG.
    DAHIL SA KAYBIGAN KO SI ARNEL, SINABI KO NA LANG NA “IBIGAY NA LANG YUNG SAHOD NI ARNEL AT BAKA MERON LANG KAMING
    HINDI NAISAMA NG PAGBILANG”.GAYUNPAMAY SINABI KO PA RIN SA KANILA NA BIBILANGIN KO ULIT ANG MGA ITEM SA STORE.
    NAISABI KO LANG NAMAN YUN PARA MAKUHA NG KAIBIGAN KO ANG SAHOD NYA DAHIL YUNG MGA ORAS NA YUN AY TALAGANG KAILANGAN
    NI ARNEL YUNG PERA NYA PARA SA PAG-APPLY NYA NG BAGONG TRABAHO. SUBALIT TAHASANG SINABI NG PKSS SA AKIN
    NA,SA AKIN DAW ICHA-CHARGED YUN NAWAWALANG ITEM KAPAG TALAGANG MAY KULANG..TUTOL MAN AKO NA MAYROON KAAGAD AKONG
    BABAYARAN NA NAWAWALANG ITEM KAHIT KAKAUMPISA KO PA LANG SA TRABAHO, AT DAHIL NA RIN AYOKO NAMANG MA-BADSHOT SA PKSS
    ENTREPRISE, AY SINABI KO NA LANG SA PKSS NA IBIGAY NYO NA LANG YUNG SAHOD NI ARNEL AT MERON LANG TALAGA KAMING HINDI
    NABILANG.AT NAKUHA NI ARNEL ANG SAHOD NYA.

    PAGKADATING KO NAMAN SA STORE AGAD-AGAD AKONG TUMAWAG SA P.K.S.S ENTREPRISE NA TALAGANG MAY KULANG. AT ANG DESISYON
    NILAY,SA AKIN NA LANG IKALTAS YUNG NAWAWALA NA NAGKAKAHALAGANG P2,400. BAGAMA’T DISMAYADO, PINAGPATULOY KO PA RIN ANG
    TRABAHO KO SA P.K.S.S ENTREPRISE AT KADA SAHOD NGAY KINAKALTASAN AKO NA NASA P600.

    ANG AKING TRABAHO AY IBENTA ANG PRODUKTO NG P.K.S.S ENTREPRISE AT NAKAKABENTA NAMAN AKO..GANUNPAMAY, HINDI DAW NILA
    NAGUGUSTAHAN YUNG DAMI NG NAIBENTA KO. MAY SALES QUOTA KASI DAW AKONG DAPAT MAABOT NA NASA P400,000 KADA BUWAN AT AKO
    NAMAY KUNG BUMENTA AY NASA P200,000+ LANG YUNG PINAKAMATAAS. KASABAY NITO YUNG MGA BULYAW NILA KUNG MAKIPAGKAUSAP
    SAKIN NA ABONO PA DAW SILA SA AKIN KUMPARA SA MGA KINIKITA KO. ANG HINDI KO LANG MAINTINDIHAN, BAKIT HINDI NILA NA
    LANG AKO PALITAN. AYOKO NAMANG MAGRESIGN DAHIL KAYLANGAN KO NG TRABAHO. PATULOY YUNG GANITO NILANG UGALI, TATAWAG SA
    STORE PARA BULYAWAN AT PAGALITAN LANG AKO. PERO KAHIT GANUN AY BINIBENTAHAN KO PA DIN SILA.

    NOVEMBER, DUMATING NA ANG PANG-4 MOTHS KO AT GANUN PA DIN YUNG SAHOD KO. BELOW MINIMUM PA DIN. AT NUN DIN AY HUMINGI
    AKO NG PAYSLIP AT NALAMAN KONG WALA DIN PALANG MGA DEDUCTIONS NG SSS, PAGIBIG, PHILHEALTH, ETC. MAHIRAP PALA ANG
    SITWASYON KO KUNG SAKALING MAY MANGYARING HINDI MAGANDA SAKIN HABANG NAGTATRABAHO. SOBRANG DISMAYADO PERO WALA AKONG
    MAGAWA DAHIL KAYLANGAN KO YUNG TRABAHO KO LALO NAT MAGPAPASKO NUN KAYA NANATILI PA DIN AKO SA P.K.S.S ENTREPRISE.
    DECEMBER 10, 2013, LAST DAY KO BATAY SA PINIRMAHAN KONG KONTRATA SA KANILA SA P.K.S.S. NI WALANG ABISO KUNG MAY
    KAPALIT NA AKO O I-EEXTEND LANG NILA AKO NG ILANG LINGGO DAHIL SA MAGPAPASKO.
    AT PUMAPASOK PA DIN AKO AT PINAPASHOD NILA HANGGANG SA DUMATING ANG
    PETSA NG MARCH 17, 2013.
    ARAW YUN NG LINGGO TINEXT AKO NG P.K.S.S PARA PAPUNTAHIN KINABUKASAN, LUNES, MARCH 18, 2013. HINDI KO NABASA
    AGAD YUNG TEXT KASI SIRA YUNG CELLPHONE KO.

    MARCH 18, 2013, TINAWAGAN KO ANG PKSS PARA IFOLLOW-UP ANG CONCERN KO REGARDING SA MGA CUSTOMER’S ORDER.NAGKAUSAP KAMI
    NG PKSS TUNGKOL NGA SA MGA CONCERNS KO PERO WALA NAMAN SILANG NASABI NA PINAPAPUNTA PALA NILA AKO SA OPISINA NILA NUNG
    ARAW NA YON.NASABI LANG NILA SA AKIN NITONG MARCH 20, 2013 KUNG HINDI PA AKO TUMAWAG.SINABI PA NILANG MATIGAS DAW ANG
    ULO KO KUNG BAKIT HINDI AKO PUMUNTA SA OPISINA NILA.MARCH 20 ANG PAYDAY DIN NAMIN PERO WALANG LAMAN ANG ATM KO .NAISIP
    KO NAMAN NA BAKA BUKAS PA MAGKAKALAMAN ANG ATM KASI MINSAN NADEDELAY NG ISANG ARAW ANG PASAHOD.

    KINABUKASAN, MARCH 21,UMAGANG-UMAGA AY TINAWAGAN AKO NG P.K.S.S SA AKING CELLPHONE PARA PUMUNTA AGAD-AGAD SA OPISINA
    NILA AT AGAD DIN NAMAN AKONG PUMUNTA. AT DUN NALAMAN KONG NAKAHOLD ANG SAHOD KO DAHIL ANG TIGAS DAW NG ULO KO PERO,
    NAKAKAPAGTAKANG NUN AY PINAPIRMAHAN AKO NG RENEWAL OF ANOTHER 5-MONTH CONTRACT BILANG SALESMAN AT SINABING BUMALIK DAW
    SA SUSUNOD NA LUNES PARA MAKUHA KO NA ANG SAHOD KO.

    BAGO KO LISANIN YUNG IMPYERNONG OPISINA NG P.K.S.S ENTREPRISE, HUMINGI AKO NG KOPYA NGA MGA PAYSLIP KO MULA DECEMBER HANGGANG
    MARCH AT DUN NAPAGALAMAN KONG MAY MGA HOLIDAYS NA HINDI NILA BINAYARAN AT MERON MAN KULANG NAMAN. AT NALAMAN KO DIN
    BATAY SA AKING PAYSLIP KULANG NG TATLONG ARAW YUNG PINASAHOD NILA SA AKIN NUN PREVIOUS PAYDAY NA MARCH 5
    AT TAPOS NAKAHOLD PA ANG MARCH 20 PAYDAY. SA MADALING SALITA PO AY ANO PA ANG IPAPAMASAHE KO SA PAGPASOK SA TRABAHO
    AT GANUN DIN SA PAGPUNTA KO ULIT SA P.K.S.S. PARA KUNIN YUNG HINOLD NILANG SAHOD KO.

    PAGKAALIS KO,DUMIRETSO NA AKO PAUWI NG BAHAY AT ININFORM SILA, ANG P.K.S.S, NA HINDI AKO PAPASOK NG ARAW DING YON.
    UMUWI AKO AGAD PARA MAGHANAP NG MAUUTANGAN KASI KINABUKASAN, MARCH 22, HINDI AKO PWEDENG UMABSENT DAHIL MAY MGA KAUSAP
    AKONG MGA CUSTOMERS. HINDI KO NAMAN PWEDENG BALEWALAIN YUNG MGA CUSTOMERS KO BAKA IREKLAMO AKO NG MGA YUN. AYOKO
    NAMANG MAGKAROON NG COMPLAINTS PAGDATING SA PAGASIKASO SA AKING MGA CUSTOMERS.

    MARCH 22, FRIDAY,HULING PASOK KO NUN KASI WALA NA AKONG MAUTANGAN PA PARA MAIPAMASAHE PAGPASOK SA TRABAHO. TINETEXT
    KO YUNG P.K.S.S ENTREPRISE NA PASAHURIN NA NILA AKO PARA MAKAPASOK NA AKO, ANG REPLY LANG NILA SA MGA TEXT KO PUMUNTA LANG
    DAW AKO SA OPISINA NILA PARA MAKUHA ANG SAHOD KO. DUMISKARTE DAW AKO PANG PAMASAHE KO. MGA DEMONYO TALAGA TONG MGA NASA
    KUMPANYA NG P.K.S.S. ENTREPRISE. INUNA KO PA NGA YUNG LOAD NA BINILI KO PANGTEXT SA
    KANILA KAYSA SA PAGKAIN KO.TAPOS YUN LANG ANG SASABIHIN NILA.

    NGAYON PO,HINDI KO ALAM KUNG PANO ANG GAGAWIN KO , HINDI NA AKO NAKAKAPASOK PERO HINDI PA NAMAN AKO
    NAGRESIGN AT WALA RIN NAMAN SILANG ABISO KO KUNG TINANGGAL NA NILA AKO. MALABO PO ANG
    SITWASYON KO NGAYON PATUNGKOL SA TRABAHO KO AT KUNG KAYLAN KO MAKUKUHA YUNG SAHOD KO SA KANILA.
    WALA NA RING AKONG GANA MAKIPAG-COMMUNICATE SA MGA MANGGAGANTSONG EMPLOYER TULAD NG P.K.S.S. ENTREPRISE NA YAN. NGAYON
    DUMIDISKARTE AKO NG PERA PARA PAMA-PAMASAHE PARA PUMUNTA SA DEPARTMENT OF LABOR O KUNG KANINO MANG MAHINGIAN KO NG TULONG TUNGKOL
    DITO SA AKING PROBLEMA AT PARA DIN SA PANG-APPLY-APPLY KO NG BAGONG TRABAHO. AT SANA MAKAHANAP AKO KATULONG PARA MAPANAGOT
    TONG MGA GANITONG KLASENG KUMPANYA.

    NAGHAHANAP NG HUSTISYA,

    ROGELIO A. REFULLES III
    r.re...@yahoo.com
    09496939984/09239968865

    -SIR/MA’AM TANONG KO LANG PO:

    1. MAKATWIRAN BA ANG PKSS ENTREPRISE, INC . SA MGA DAHILAN NILA PARA IHOLD ANG SAHOD KO?
    3. MAY MGA HOLIDAYS NA HINDI NILA BINAYARAN, MAKUKUHA KO PA BA TO? CONTRACTUAL LANG ANG CONTRACT KO SA KANILA?
    4. BELOW MINIMUM WAGE AT WALA PA SILANG DEDUCTIONS NG MGA SSS, PAGIBIG, PHILHEALTH NO’NG AKO PA AY NAGTATRABAHO SA KANILA,
    ANO PONG PWEDENG GAWING HAKBANG LABAN SA KANILA SA NGAYONG HINDI NAKO NAPASOK SA KANILA?
    5. TAMA PO BANG AKO ANG MAGBAYAD NG NAWAWALANG ITEM NG NAGKAKAHALAGANG P2,400.00? MABABALIK BA NILA SA AKIN TONG PERA KO?
    6. MALAKAS BA ANG KATWIRAN NILANG I-A.W.O.L AKO, WALA AKONG PINAPASANG RESIGNATION LETTER AT GAYONG SILA DIN NAMAN ANG MAY
    KAGAGAWAN KUNG BAKIT HINDI NA AKO NAKAKAPASOK ? MAKUKUHA KO PA BA ANG 13TH MONTH KO?
    7. RENEWAL OF 5-MONTH CONTRACT ANG SISTEMA NILA,NAGSTART AKO JULY,DECEMBER YUNG 5TH MONTH KO.HALOS 9 MONTHS ANG ITINAGAL KO SA KANILA.
    MAG NA-9 MONTHS DIN NUNG AKO AY PUMIRMA NG 2ND CONTRACT SA KANILA FOR ANOTHER 5 MONTHS. BAGAMAT YUNG CONTRACT NA PINIRMAHAN KO
    AY DATED NUNG DECEMBER PA,MAIHAHABLA KO PO BA ITO NG REKLAMO?
    8. WALA PO AKONG I.D. NG P.K.S.S COMPANY AT NANG 2ND 5-MONTH CONTRACT KO SA KANILA,
    PAYSLIP, TIMESHEET,FAXCOPY NG 1ST 5-MONTH CONTRACT, ANSON’S STORE I.D. AT CASH AND CARRY MALL I.D. ANG MGA DOKUMENTONG
    HAWAK KO. PWEDE NA PO BA TO BILANG REFERENCE KAHIT WALA UN NAUNANG DALAWANG DOCUMENTS?

    9. anu-ano po ang mga LABOR CODE ang nilabag ng P.K.S.S. ENTREPRISE, INC.?

    ps…pa email din po yun reply nyo….tnx

    [Reply]

  139. Hi i have a question. This is the case. Assume, Mrs rivera and Mrs ramirez were promoted for 10 years of service to become the principal of the highschool and dean of accounting, earning 40k and 50k respectively. By the way, this two was working in a school. however, new priest came in the institution and become the president of the University. During his incumbancy, he choose a new administration for his team replacing Mrs Rivera and Mrs Ramirez who were just on leave and when return they’d been place back as a faculty staff. The two complains about the salary that it should not change. However, their complaint was denied. Is it right for them to file a complaint regarding the decrease in their salary to the authorized law? Please advise.

    [Reply]

    admin Reply:

    This may be a case of demotion. Please seek the advise of a lawyer near you who can help make full assessment of your situation.

    [Reply]

  140. Good day,

    Is it considered constructive dismissal po ba if BPO is transferring agents from one site to another and although fact is there that their basis is business needs pero the site na lilipatan although operating for a long time eh may amoy pa din na parang nasusunog na plastic/pintura na hindi pa natutuyo for a more than 3 months na. I asked even the country manager to exempt me since I was already diagnosed to have hypersensitivity reaction 2 na nakakaapekto sa pagsikip ng aking hininga and based on my research re-exposure can cause death. and their answer was “im afraid but there’s not much of a choice”

    [Reply]

  141. Hello Atty. – I currently work in a multinational BPO.One of the biggest in the country. I’ve been there for about 6 years now. Last Feb,2 managerial posts were opened. I immediately applied, as I was advised my direct supervisor to do so. Weeks later our Operations Manager informed me that he wants me to take the role. He already gave me how I’ll function, and the schedule and who I will be handling. A week later everyone was caught unaware that someone was taken in and was hired for the managerial position. But I was still told that I will take the 2nd position and was even asked to lead a big project for the department. Just a week ago I was informed that the current account I am handling will downsize and my position will be obsolete in about 2 weeks. I was asked to move to a location that is not feasible to my current financial status. Holding the same level of position and was informed that the managerial position will be cancelled as they already hired someone with less experience or tenured without even screening me and the rest of the applicants. Do I have an option for severance? or separation pay? As I already informed them of this. Thank you sir. I hope you get to enlighten me on this.

    [Reply]

  142. winnie getubig Comment:
    May 17th, 2013 at 08:47 pm

    nag-apply ako sa dati kong kumpanya n nag-retrench sa akin last sept 25 2012. ang sabi ng HR “according to labor code, hindi k pwdeng i-rehire after 1 year.” gusto ko pong malaman kung totoo ito dahil hindi ko po mkita yung section tungkol doon. salamat po sa madaliang pagtugon

    [Reply]

  143. I just want to ask for an advise. I have been in the company for 5 years.
    I was demoted from being a supervisor into SME (Subject matter expert) because I was absent for 1 week because my baby was confined into the hospital. When I came back to work, I brought all documents (medical certificates, prescription, etc) to prove the validity of my absences and I called in everyday to inform the management that Im not gonna make it to work during the time that my baby was hospitalized. The management gave me final warning for my absences, that I accepted. But the same day that I was given final warning, my boss told me “Because of your attendance issues, you are no longer a supervisor. We will find someone to handle your team until we hire a new one”. Then he told me that its not a demotion, its an internal transfer. I answered back and said that an internal transfer is transferring from another department with the same rank, not with a lower position. We had anargument with the issue. I was planning to file a case at the labor for demotion and constructive dismissal. Is there a chance that I will win the case? If not, is it possible to ask the labor that Im going to resign but the company will pay for the years of service that I have rendered? If Im going to win the case, is there a possibility that the company will pay me?

    [Reply]

  144. Jay Tuazon Comment:
    June 5th, 2013 at 09:36 pm

    Upon employment as a web publisher and graphic publisher, the person who recruited me, who is also my superior told me to accept a lower salary but promised me a raise after six months, and he will work on my asking salary on the the year end.

    But then we we had arguments on work process in which I am an authority, and he was wrong, made physical threats and termination. I tried to talk him out of it and let it go.

    Then more arguments on the technical side of works arose again, where he reprimanded me, even though I was not in the wrong.

    Similar cases arose, and whenever we talk, he insults me and make threats, until I forced things to the HR’s attention, but after hearing my side and his, there is still no resolution.

    I have lost weight, I am being singled out, berated for smaller mistakes, while my other co-worker who is supposed to be my junior is not. He’s making life difficult for me in the office, although I am doing my job well.

    He assigned me to a second shift, 12:00nn-10:00pm, and i have been on this schedule for 3 months and no shifting of schedule is seen.

    And on our last meeting, he changed my schedule again to 2:00pm-12:00mn, I asked him about shift in schedule, and he says he will look into it.

    Is this a case of constructive dismissal?

    Thank You!

    [Reply]

  145. Nilo Chinilla Comment:
    June 15th, 2013 at 03:01 am

    Atty, here’s my question

    I resigned from my job because I was consistently being shouted at and embarrassed by boss. My boss keeps on shouting at me on the floor that I am incompetent and that I am putting the team to shame. There was even a photo of me with a caption sent to the entire distro saying “wag tularan” and underneath saying “petiks, does not meet audit requirements.” this became too unbearable that I had to resign and move to another company.

    I asked to be moved to another Site which is in manila, but they declined it.

    I worked as a customer support supervisor for a company in baguio. As a supervisor, according to them, my pay is managerial and that I am not entitled for a night differential pay. But in reality, I am just a supervisor.

    Do you think this can count as a valid case?

    [Reply]

  146. Mary jakielyn Jacob Comment:
    June 16th, 2013 at 07:04 am

    hello.I resigned from my job last march 1 of this year. I did not mention in my resignation letter the reasons why I was resigning. I basically indicated there the date of my last working day, which was March 1, and nothing more. This may be the case, but I have been telling some people that I wanted to be transferred to another branch because of the distance of the place where my school transferred from the town center. It was inconvenient. Another reason was the salary. we did not receive our salary on time and I heard from other people that some teachers were being paid by the hour and more than 50% higher than what I got for an hour of teaching. I found it very unfair. The company paid my wages,bu it took some time. So it has been more than four months since I got out from the company and now my question is, would it be possible for me to file a constructive dismissal case against my employer? thank you very much and God bless.

    [Reply]

  147. Good morning is the company compelled to issue a certificate of employment to an employee who voluntarily resigned but after one month it was found out that she didn’t have back up files for the last 9 months of her stay in the company?

    [Reply]

  148. cheryl pangan Comment:
    July 6th, 2013 at 11:35 am

    good pm po! help nman po, ask ko lng po if my employer issued me a memo detailing me to acertain island/work assignment where there is no specific office if san ako pupunta, just telling me to go there and look for a land where I can promote agroforestry is legal cause she is always telling me that it is within my job description na sinumpaan ko kaya p I should obey, and I can feel that it is constructive dismissal kasi po halos everyday may ng reresign na po sa aming agency because the HR keeps on releasing memos detailing emloyees to areas very away from their family and would cause financial problems/stress, cause they are detailing employees to far places/islands…pls help

    [Reply]

  149. Jovelyn Nasis Comment:
    July 8th, 2013 at 01:59 pm

    Dear Attorney.

    with regards to constructive dismissal, does a resignation of employee due to harassment, force to sign an affidavit that is not true, invasion of personal property such as the phone of employee, and treating the employee to have bad records with the NBI and in her employment record are sufficient grounds for the constructive dismissal? Meanwhile, the employee in this case did not give the 30 days notice due to force resignation. however, she gave resignation letter but she was not able to get a receiving copy of the same? thank you so much in advance for your assistance.

    [Reply]

  150. My father had been employed for 8 years as Office In Charge of a motorcycle distributor company.

    Last June 20, 2013 – he suffered from a mild stroke. His doctor recommended that he should rest for 1 month. He shall still be fit to work thereafter.

    However, when he visited the office to submit his Medical Certificate to ask for leave to complete the required 1 month of rest, his employer said that business must go on and that they could not wait for him. What the employer had decided is to merge 2 branches into 1 and retain the other Officer In Charge from another branch to take over.

    From my father’s understanding, that there will be no job waiting for him in a matter of weeks when he returns to work so he’d better resign since business should go on.

    What my father did is submit his resignation letter since he felt he was being made to realize that it’s a business decision to merge 2 branches and the company could only retain 1 Officer In Charge and that they could not wait for him anymore to return to work.

    Can he file for Constructive Dismissal?

    If they will not reinstate him, will the company be able to pay him Separation Pay? Since he will recover and has the intention and the will to return to work but the work is no longer available, what steps should he take to be fair to both my father and the employer?

    [Reply]

  151. Hi atty,

    Please enlighten. Is it technically legal that my boss (non-lawyer) filed a case against me in behalf of the corporation we are working for? Or it should be the whole board represented by a lawyer? If so, what will happen to the on-going case if the corporation suddenly close? Cause I heard they are about to.

    Thanks in advance

    [Reply]

  152. Good day po. My case is a little complicated. Nagrerender na ako sa previous employer ko more than 20 days(bpo company), they issued me a show cause for possible dismissal regarding call handling, which was disputable given the technicalities involved, at few days na lang natira ko sa company. They advised me about a preventive suspension, written explaination, and a hearing. I requested my immediate managers and hr to allow me to pursue my resignation instead, considering my performance, since I had a pending job offer w/ employer #2 that time. They agreed on that and the show cause process was not executed and they waived the 30 days, though verbal. However, they gave me the Acknowledgement Letter for my resignation signed by my managers. I have also completed all the clearance formalities. I had the notion that they waived their rights w/ regard to the showcause since they said they agree on giving me a “graceful exit”. When I was already on training w/ employer#2, I got terminated on grounds of unsatisfactory background check result and falsification of credentials dahil sabi ni employer 1 involuntary resigned ako w/ mutual agreement, despite all the douments I presented to employer 2. I went to hr of employer 1 and clarified. The said they acknwldge my voluntary resignation but they have certain system taggings to follow as part of company policies. Do I hav a strong case ba for either of the employers?

    [Reply]

  153. ferdinand velarde Comment:
    July 23rd, 2013 at 12:29 pm

    Hi Atty,

    Good day!
    I would like to ask how a conflict of interest be treated.i have known of a manager in a shipping lines (SITC Shipping lines, Philippines)he hired most of hos relatives; his wife’s nieces and nephews, his inlaws to work under his manpower. But these people are under subctontractors (no specific agency).they are posted in one office, particularly in south harbor terminal, ATI.
    obviously, SITC Philippines representatiuve MR. QUing Quan have no idea what his manager (Mr. Melo) has been doing.can i send an email to the management?

    [Reply]

    ferdinand velarde Reply:

    Hi Atty!

    please enlighten me on the scenario stated above. i just found out that another member of Mr. Melo’s clan just came in (days ago)in SITC south harbor. Mr. Carmelo Tejero got his boss’s Quing Quan “kiliti”. i knew he can easily make believe on things if in case Quing Quan would confront him.

    [Reply]

  154. hi!
    i have resigned form a big telco company, or let me say na forced to resign.i was hospitalized last december then on 1st week of january, i texted my IS na magrereport na ako for work. but she wants me to provide fit to work.mid of january i had bleeding (sakit ko na po to, ang endometriosis and adenomyosis)i had several check up and treatments sa OB.have sent all medical files to her and sa HR din namin.ni isang acknowledgement from her, wala akong nareceive from the IS.i filed leaves online but she had it disaaproved. the reason daw is hindi nya alam how long will i gonna be sick. i understand my job. i have been with this company for 10 years.treatment for my ademoyosis is the removal of the uterus yet sinusubukan pa ng mg OB ko ang ibang treatment. kasi when i bleed, i takes 10-15 days of bleeding and for sure hindi po ako papasok nyan dahil yung pain is intolerable and the pain relievers given to me, is sobrang taas na.meron din akong fibromyalgia, and lower back pains. lahat po ng ito ay supported ng mga medical certificates ng mga doctors ko.i have gastro from chinese gen, OB from st lukes, medical city and UPMC, ortho-ssurgeon from chinese gen and rehab med sa medical city.
    when i went home (sa address where i used to live, kasi now i rented a condo na, since last year, but hindi ko na update sa HR namin yung new add ko), may letter in pinadala yung IS ko (walang letterhead, simple mail tas wala man lang nakalagay na position nya at pirma ng boss namin). sinabi nya na i have to report for work within 24 hours upon receipt. eh how will i report na i still have medications and always in pain. i can support it with mri, xrays, citi scan. then a week after another letter from her,m same content.i texted her but she didnt replied. i emailed her thru our company email, pero wala ring acknowledgment.
    end of may, naadmit ako, gastroentiritis and amoebiasis. on the 3rd day of my confinement, i received a call from HR, she explained to me na nagfile na ng complain yung IS ko sa labor relations namin.Then she handed the phone to the labor relations officer, sianbi nya sa akin na i have to resign immediately without 30 day notice kesa ma terminate ako due to long term absence without letting my IS know (???).natakot naman ako kasi baka ma terminate pa ako, wala akong matanggap sa tanggal ng service ko. i have sent it to labor relations, handwritten.
    hanggang ngayon, hindi ko alam kung tama ba ang treatmnent ng IS ko. pls help.sobrang frustrated pa rin ako until now kasi hindi naman ako nagaabsent ng wala lang, indefinite nga lang yung sickness ko.
    please help me

    [Reply]

  155. parentof1yroldkid Comment:
    August 1st, 2013 at 11:52 am

    Hi, just want to ask if it would still be considered as constructive dismissal of the case is this:

    Everytime the employee asks on how to go about something, the boss would answer as if the employee is stupid. It may not be directly said but it makes the employee feel stupid? Moreover, whenever the employee would be on leave because of uncontrollable circumstances (child is sick and nobody would be there to look after the kid or the better half needs to be rushed to the hosp), the boss would require the employee eport for work. Causing too much stress on the part of the employee. The employee feels like demoralized because the boss makes her feel stupid and she feels very stressed because of the attitude of the boss which results in resigning. Please advise.

    [Reply]

    HR Adviser Reply:

    It may not be directly counted as Constructive Dismissal but if you raised this to your HR along with your evidence and no action was done, it may be considered as constructive dismissal

    [Reply]

    parentof1yroldkid Reply:

    Hi, just want to clarify I’m part of the HR team, with this, to whom should I raise this concern? Recently, they informed me that I will be transferring to another site which is very far from where I live. They even issued me a memo for tardiness which for me did not follow the standard process which should initially have a coaching session. Please advise on how to go about this.

    Thanks in advance!

    [Reply]

  156. Joan Aninipot Comment:
    August 1st, 2013 at 08:13 pm

    Hi Sir,

    My Operations Manager and another TL in our company conducted a closed door meeting with me about placing a Performance Improvement Plan on my current job title as a Team Performance Manager. I was advised that I have been under performing consistently in KPIS and Revenue results because I lack judgment and critical thinking.I have gathered enough evidence to check if their claim is true. I have my current Ops Manager’s emails about my Team Improvement in Revenue for the month of July FY2013 stating for how many percent have we raised for the day and I have the spreadsheets on the Team Revenue results from Jan-Jul 2013 with some comparative results for other Teams in the company. My Team has never been at the very bottom of the list within covered months. Some Teams have even lower results than my Team. What should I do? I hope you could help me clarify this situation.

    [Reply]

  157. Hi Sir Ted!

    I would like to ask lang if yung sa situation ko po ba is Constructive Dismissal?at kung may laban po ba ko na manalo sa Labor pnce po na i file ko na sya na case?

    Purchasing Officer po ako sa isang supermarket for almost 3 yrs na,masasabi ko namna po na maganda yung ginagawa ko performance,since ako at ang manager ko ay nagpupurchase din,nagkaron kami ng division of work na ipurchase,but excluded pa na may iba ko na task,like pag collection,dealing with suppliers,promos and discount,like the Perks Card,I am the one who worked with para magkaron ang supermarket.

    After a year,one of my colleagues (accounting officer) was discharge/dismissed from his posts.My Manager told me na ako na gagawa ng payroll since i have a knowledge and capacity to do that task.So ako na po gumawa ng payroll,after ilang months, umalis na rin yung Assistant Manager,ang sabi sakin may salary will increase since umalis assistant manager and 20k sweldo nun and a liitle of that will be added to my salary. I was happy with that,but di pa nila binigay yun,nghintay lang po ako.sabi po sakin mag ourchase pa rin ako pero most of my dutes na is office work like petty cash,purchase report,Monthly sales report,monthly sales report,paryoll,collection.So sakin ok lang since I’m pregnant that time accept ko rin ayoko kasi mawalan ng work.after I gave birth, yun pa rin po duites ko pero nagdagdag ng encoding ng mga purchases sa system (POS/Inventory System) ginawa ko po sya,pero sa daily na gagawin na nirerequire pa nila na pag 5pm na aakyat na selling area para mag cashier/bagger di magagawa lahat ng duties na binigay nila at nirereport ko po na ang computer ay 1gb lang kaya superbagal once i encode all the sku,ang bagal mag save it takes 1-3 hrs para mag proceed ako uli s anext na invoice na iencode ko. nireport ko po yun sa manager ko,sya ngsabi sa owner since ang sabi ng owner isang tao lang ang gusto nya na ngarereport sa kanya,wala po naging actions,di nila pinalitan cpu para to make it faster.Ako sinisi nila bat daw di encoded lahat,sana naghire na cla ng encoder kasi lahat almost duties lahat pagaw anila sakin.lagi po may sisi yung bossko na pinapalitaw nya na lagi ako mali which is not.Unfair po.
    This Feb 25,2013,somebody,na dati employee ay bumalik para daw maging purchasing,ng meeting po sila lang na ang napag meetingan is kasama ko pala na iaalis daw lahat ng gagawin ko kasi mag marketing ako (fieldwork naman)purchasing and some accounting duites iendorse ko daw sa newcomer na employee without any memo/notice.kasi ang issues naman ng may ari over purchase daw po ako,na yung sinisisi nya sakin na di naman ako ng purchase nun.Nagexplain po ako sa owner at sinabi ko na bakit nyo po ako ililipat sa marketing ?feb 25 and yet going to march napakainit,may history ako ng highblood during may pregnancy nagka eclmapsia ako tapos fieldwork during summer ang bibigay na trabaho sakin,tapos po yun ngbago isip na naman at sinabi tuloy lang daw ginagawa ko mag purchase iba na may aproval ng manager, at ang ibang accounting daw eh ituro ko sa bagong dating nga,nangyayari po ganun parang gusto nila kunin lang nalalaman ko tapos biglang aalisin sakin ang trabaho na yun. halatang gusto po nila idemote ako hanggang sa magresign ako sa inis.
    July 11 pagoasok ko po may memo ako na effective july 10 ay sa hardware na daw po ako as sales,agad agad.bat ganun,dumerecho ako sa office ng owner na located sa kaingin qc,at itanong yun,na bakit ako iaakyat sa taas na Hardware kasi daw po di ako ngeencode.ang Unfair po!sabi ko sir ang encode ko after ko manganak sinabi encode ko oo ginagawa ko pero nireport ko ang computer mabagal ang bukod sa encode na yan marami ako ginagwa.ayun po pinabalik na naman ako sa Supermarket.
    Ayusin ko daw mga presyo na ginawa nung inassign nya na purchaser kasi nag taas ng mark up di kaya sumabay sa competitor.ginawa ko po yun pati ang pag change sa shlef tag.
    July 22,may text sakin na tomorrow report ka sa kaingin 10am
    July 23,pagdating ko po,nandun may ari,accouting,manager, assistant manger,pag upo na pagupo pa lang ang sabi ng owner sakin,ikaw (my name) effective today sa hardware ka na (medjo magalit na voice) (na naman?)nagulat po ako,gusto ko po umiyak that time na para ako kawawa sa harap ng kasamahan ko sa work sinabi nya yun,pwede namna po ako kausapin ng one on one eh,sabi ko po ano po reason nyo at ano position ko,sales daw in short po tindera sa hardware.pinaganda lang pakinggan.demoted po ako.ang nasabi ko lang po,bakit sir?sabi nyo po nung nagpunta ko dito nung July 11 sabi nyp cge balik ka uli supermarket tapos ngayon na namna po sa hardware ako.sagot nya lipat ka lang namna ng section eh pero iba pa rin po company yun kasi iba ang sales nila,same name pero under seperate SEC,Mayors permit,etc.so ibang company pa rin po yun even located lang sya sa taas ng supermarket at same sweldo.i feel demoted and insulted.biglang sabi nya cge alis ka na mag meeting pa kami sa supermarket diba wala ka na dun.ang nasabi ko po nasan na ang memo na effective today s ahardware na ko,sagot po nya di na pla at today effective sept 1 or august pagusapan pa namin,ang sagot ko po sinabi nyo na po kanina effective today so yun po hihingin ko memo sa inyo ngayon,wala po sya mabigay ang sabi lang po nya paguusapan pa(kanina decided na sya porket brought up ko memo biglang may notice)sabay salita na naman sya pwede ka na alis mag meeting pa kami. from bulacan to kainngin qc,1.5 hrs ang transportation,100 ang transporation.tapos pagupo ko pa lang dun wala pa 15min sasabihin sakin alis na ako???masyado po ako nainsulto at pinamukha na wala ako kwenta which nakapacontribute ako sa supermarket na yan.decided na ko nun na pag di maging ok pupunta na ko sa NLRC sa banawe. Pgkaalis ko po sa kaingin,naiyak po ako,parang down na down ako.inayos ko po ang sarili ko,ng lunch ako then ang sabi ko derecho na ko sa labor
    When i reached NLRC,sinabi ko po sa staff ang nangyari so they schedules me for mediation conference,ang sabi ko po ang concern ko is baka i AWOL ako kasi di ko na po kaya pumasok dahil sa nangyari,sabi po nya pwede pa rin ako pumasok pero kung tingin ko daw na di ko na kaya pumasom at baka di safe on my part,di daw po ako ma AWOL basta mag file na ko that day. So yun po ng file na ko on Aug.14 ang conference namin.
    July 31,i was ex[ecting na may salary akp,kasi yun po sabi sakin eh icredit ang sweldo ko (11 days),pumasok ako during that cut off at ngtrabaho ako nun,check ko po ang online bank ko sa net,wala po na credit.tinatawagan ko po accounting whay ako wala sweldo,di po sumasagot. tinatawagan ko di rin sinasagot.Kaninang umaga po (august1) tinext ko uli sya ask why ako walang sweldo,she replied-sinama kita pero sabi ni boss sa monday na lang daw magreport ka dito para kunin (august5) sa pagkakalalam ko po kasi sa dami na nya ginawang ganun lagi po sa last pay may pinapapirma sila na resignation letter.nasa isip ko po ayoko pumunta since meron na conference sa aug.14 dun na lang pagusapan lahat,kasi natatakot din ako magpunta dun baka po iset up nila ko.tingin nyo po ba ano gagawin ko,pupunta po ba ko sa monday?or sa aug14 na lang lahat pagusapan
    kung ituloy ko po ng case ang situation ko,may laban po ba ko na ipanalo ang kaso na yun?and besides po pala sa unfair labor practice, file ko rin po ang philhealth (naospital po ako at nanganak nabawasn lang po ako philhealth dahil po ng voluntary ako) at ang sickness ko po sa sss di nabayarn kasi daw po sabi sa ss walang hulog ang employer ko.at yung leave po na 5 days ang sabi po kasi magkakaron uli ako ng leave sa pang 3rd year ko sa sept.6,pwede pa rin po ba mahabol yun kasi di ko naman po ginusto mga nangyari na di ko na mahintay ang sept.6.

    maraming salamat po and hopefully for your reply.

    [Reply]

  158. hi sir.
    please enlighten me. paano po ba at saan magfifile ng constructive dismissal. tinanggal po kc sa trabaho ang mother ko dahil po pilit syang pinapipirma ng clearance at quit claim bago cia makapirma ng kontrata for this coming month. im sincerely hoping for your response sir. thank you.

    [Reply]

    admin Reply:

    The National Labor Relations Commission (NLRC) has jurisdiction on all complaints for constructive/illegal dismissal. Find the NLRC office near your mother’s place of work. To file the complaint, she just needs to fill up the complaint form at the NLRC Office. Ask her to bring her Community Tax Certificate (Cedula).

    [Reply]

  159. ask ko lang po. Pwede po bang e reklamo ang supervisor ko. kasi nag bigay ako nang resignation letter pero ayaw niyang tanggapin.
    Ano po ang gagawin ko? Pls. help.

    [Reply]

    HR Adviser Reply:

    Your supervisor may deny your resignation if ever you stated in your resignation if it is immediate or it didn’t comply for 30-days notice

    [Reply]

  160. Hi HR adviser, i already submitted the resignation with reason and rendering 30 days before resigning, and then my supervisor still not accept it.
    What should i do? is it a valid reason to file a complaints to DOLE for not accepting my letter?

    [Reply]

    admin Reply:

    If your supervisor refused to receive your resignation letter, you can send it through private courier and registered mail. Keep the receipt/return card as your proof of mailing. If you have company email, you can also email a copy of the resignation.

    [Reply]

  161. parentof1yroldkid Comment:
    August 6th, 2013 at 05:57 pm

    to add, they even mentioned my attendance during the interview as their basis that the tardiness is habitual. Moreover, they are asking for any document during my latest absences which they are very much aware that I cannot provide any since my kid was not hospitalized during that time. It’s only my third month now. Please advise on how to go about this case.

    [Reply]

  162. ask lang, ano po ba ang puedeng ikaso sa HR Manager & staff kung me mga policy sa company na kanilang binabago, especially pag favor sa kanila,

    at kung me mga binabago sila sa employment contract ng isang empleyado lalo na’t pag nagresign na yung empleado, para magipit lang nila ang isang empleado.

    [Reply]

  163. Hi Mr. Ferrolino,

    Ask ko lang po if naka saad ba sa Labor Code ang releasing of Last Pay?

    I worked as a Virtual Assistant po for 4 months last July 12 2013 I was informed that they will end the contract kasi hindi tumuloy ang Client na e serve ko. Despite the fact na meron silang ibang hiring in the same department hinda na nila ako pianasa kasi co-terminus din daw yung Employment contract ko so pumirma na rin ako kasi hindi naman po sila nag babayd ng Statutory benefits ng mga empleyado. Sinabi din ng manager ko na ibabalik daw nila lahat ng deduction ko na hindi na remit in 30 days time. After 30 days wala pa daw kasi company rule daw ay 60 days p[a e release ang Last pay sa mga nag resign e hindi naman po ako nag volunteer na mag resign sila po yung nag End of Contract sa aking employment.

    Ngayon ang tanong po is it mandated in the Labor Code that a dismissed employee should be paid in a certain span of time for example within 30 days?

    Or do I have to wait for the company’s own rule?

    [Reply]

  164. Hello,

    If the company transfers you to a different department, business call as they said, a lateral transfer they said but technically the roles and responsibilities differ a bit and most specially the level of organization be changed – let’s say from level 2 back to level 1. I would gladly tell more in private if there is a way to communicate privately for more secure conversation.

    Thank you.

    [Reply]

  165. Miss Probationary Comment:
    September 2nd, 2013 at 08:39 am

    Good day!

    I have been in the company for almost two months. My probationary contract will end on December 2013. I have been given awareness that the company will be transferring me to another office with a different scope of work as written in my contract. Does it state in the labor code or any republic act that employers should have discussed the matter with me (a probationary employee) before deciding that I be transferred to a different location with a different kind of work?

    Looking forward to your response.
    Thank you

    [Reply]

  166. Tanong ko lang nagkaroon po ako ng kaso o offense dahil may nagemail ng incident report na may nakasagotan akong coordinator pinatawag ako ng HR namin nagpaliwanag po ako may explanation din tapos pinatawan ako ng preventive suspension sabi tatawagan daw ako after 2 weeks nag follow up ako nagpunta ako sa HR kung ano na status ng kaso ko sabi nila hindi na daw ako pwedeng bumalik sa dating position ko sabi ng operations manager ko dahil sa report may request na for transfer o change gusto ako palitan sa company kung saan nakakontrata ang company namin. Humihingi ako ng isa pang chance na baka pwede pa akong makabalik gawa ng minor o hindi mabigat yung offense ko sabi nila wala na daw talaga pinapirma nila ako na tapos na yung suspension ko na umabot ng 2 weeks paano po wala akong duty waiting lang ako sagot ng HR parang ganon na daw.

    Tanong ko lang ano right ko feeling may discrimination pagbabaliwala sa akin hindi naman mabigat ang kaso ko minor lang may right ba ako for reinstatement o makabalik na sa work?
    May grounds po ba o matatawag na Constructive dismissal ang ginagawa nila sa akin?

    [Reply]

  167. Good day!

    I need some advise regarding an issue with my former employer.

    Around July 2013, I was absent for a day. As a supervisor, I handle of 12 representatives in a call center. AS a rule, we are asked to call in 2 hours before our shift, but I failed to do so. I called in at around 5am. The shift starts at 4am. Upon coming back to work, my manager gave me a corrective action. It was a corrective action under “Negligence.” I asked her why I was given that high of a sanction. Because in the employee handbook, it should only be under No Call No Show which was a lesser offence. She said that as a supervisor, I am to exercise due caution and care. and that clear acts by which ignoring the rules is already negligence. I had not choice but to agree to the sanction. It will not go away anyway.

    After which, I made sure that I will not be NCNS anymore. I was given a final warning.

    The following month, I was assigned to go to a training class. This starts at 10p. My shift ends at 1p, and my travel time takes about two hours. I failed to notify them that I could not make it. However, when my manager found out, she screamed at me. And she said that It was insubordination. I told her my reason, and that I will not have enough time to rest. She said that I was being insubordinate. I said, I never that i didnt wnat to follow her, it’s just that I cannot.

    I was for termination. I was invited to an administrative hearing infront of the human resources. Also human resources sign off on what was I think her allegations against me.

    In the administrative hearing, or what we call RFI, human resources asked me if I did all these, i said yes, but i reiterated that i didn’t do it on purpose and that I respected the company.

    during teh amdin hearing, she told me that there were a lot of cases that i was negligent. I was actually asking her why is she bringing this up only now, and why we are veering away from the discussion which should be limited to the allegations against me. She said that she needs to establish a pattern.

    AFter the admin hearing, she then asked me to do hundreds of screenshots with the hundreds of coaching logs that i have. that it should be the same as with the log ins and outs found in our records.

    I told her, I do not see the bearing of this one. It wll keep me from working properly. I wil take up time.

    Again, she threatened me with another “insubordination”

    I left the company without letting them know. I felt very insulted with what she did to me.

    Do I grounds for constructive dismisssal?

    [Reply]

  168. Gud evening Atty,
    I was still employed with my current employer. At first po, I was hired as an operator but three years later I applied as a clerk from being daily paid to monthly rate. But when the company faces recession after a year they decided to pay us from being monthly paid to daily rate without changing our title then. I remember also that we have signed a waiver allowing this to happen and an increase of 10% per annum. Today it was again announce that our title will be changed from clerk to operator because of the leveling program that the company will be implementing but they are insisting that there is clearly no demotion happens. In a way, we feel that we are really demoted and we are all degraded to this new implementation.

    [Reply]

  169. Hi Sir, good day! ask ko lang po may case po ako sa labor po. ung progress po nya nasa commission na po..every decision ng labor panalo po ako.. or resolution.. me award po sakin. ngaun po ask ko lang mga ilang years pa po antayin ko bago matapos ung case ko po. thank you

    [Reply]

  170. Anig Nalimoc Comment:
    October 26th, 2013 at 07:40 pm

    Hi, good day. Im just curious what will happen if an employee had demand letter sent to his employer (private attorneys already working on it)and the letter especifically stated there that the employer should respond 5 days upon receiving the said letter but the employer didnt responded on the alloted time? (letter was given monday, it’s friday already havent heard anything yet from the employer?)
    I gues the question is is there another case for not responding to the demand letter? (it seems to me that the employer is ignoring the demand).
    Thank you so much in advance.

    [Reply]

    Anig Nalimoc Reply:

    Hi, good day. Im just curious what will happen if an employee had demand letter sent to his employer (private attorneys already working on it)and the letter especifically stated there that the employer should respond 5 days upon receiving the said letter but the employer didnt responded on the alloted time? (letter was given monday, it’s friday already havent heard anything yet from the employer?)
    I gues the question is is there another case for not responding to the demand letter? (it seems to me that the employer is ignoring the demand).
    Thank you so much in advance.

    [Reply]

  171. Hi! I am and Executive Director of a certain Association based in Makati City. There is an employee who has been excessively LATE. I have verbally reprimanded him but to no avail. I also have written reprimands but he has been doing the same thing. I would like to know, is it possible to serve him a 3 day suspension without pay? Though we do not have a clear policies and procedures around the office. Only to prevent him from being late all the time? I’m really losing my patience with him and I feel this is the only way to do it for him to learn his lesson. Please answer. Thank you.

    [Reply]

    admin Reply:

    Yes, the employer may impose disciplinary sanction against tardy employee. Tardiness is analogous to h abitual neglect of duty, which is a ground for termination under the Labor Code. Of course, termination is not always the appropriate penalty. It should be resorted to only in extreme cases, especially if a lesser penalty, such as suspension, would suffice.
    Note, however, that the company must follow proper procedures before imposing any disciplinary sanction against the erring employee. That is, a notice to explain must be serve to give the employee an opportunity to explain himself; conduct administrative investigation if necessary; and, serve a notice of the disciplinary action stating the reason for the decision reached by the management.

    [Reply]

  172. hi good day po ask lang po nag file ako ng resignation sa company nung 10142013 hindi po ako nakareceived ng kahit anung responsed sa kanila nagpaalam po ako na kung maari e hangang 10212013 nalang ako magtrtrabaho which is hindi sila pumayag dahil kailangan ko daw mag render ng 30days bago mawala binigyan po nila ako ng loa or leave absent ng nung 10212013 10222013 10232013 at 10252013 at yung 10242013 po ay naging absent at ininform ko sila na hindi ako mkakapasok ng 10242013 nung 10282013 nagpaalam po ulit ako na hindi na talaga ako makakapasok dahilan na busy napo ako sa negosyo ng nanay ko naging absent din po iyun pumunta po ako sa company nmin ng 10292013 para alamin kung ano na po ang lagay ngunit sinabi sakin ng operations manager nmin na terminated na daw ako dahil nasagad ko na ang absentism points ko at meron pa ako daw failure to notify pero meron po akong mga text na nagiinform ako sa kanila 10312013 bumalik ulit ako sa company para mag clearance na dahil sinabi ng operations manager at team leader ko na terminated na ako ng 31 at may patunay ako ng nangaling sa kanila na terminated nako pero ang sinabi ng head recruitment nila sakin na sa operations e terminated nako pero sa kumpanya e hindi pa kailangan ko daw sagutin yung rtw na ipapadala nila sa 11052013 at 11122013 bago nila ako iterminate which is nasa harap na nila ako at nagreresign na ngunit sabi e connected pa daw ako sa kumpanya at binabastos na nila ako na hindi marunong umintindi dahil kailangan ko tumigil sa kanila ng 30days at sagutin yung rtw naipapadala nila bago ako makapagclearance at pakawan nasa batas po ba na kailangan ko talaga tumigil at magtrabaho sa kanila ng 30days kahit alam nila na hindi ko magagawa yun dahil mas uunahin ko ang magulang ko dahil yun nalang ang pinagkukunan nila ng pera at bigla nila akong tinermite ng hindi ako dumaan sa due process which is open naman ang hr pero kailang ko pa antayin yung rtw kahit nasa harapan na nila ako at nakikiusap na magclearance nalang itatanong ko lang po kung pwede ko po ba sila kasuhan dito isa po itong malaking call center company dito sa northgate alabang muntinlupa maraming salamat po

    [Reply]

  173. Hello po, may complain po about “Illegal Dismissal”. ang istorya po ay contractual po siya, then 1 month na lang mageened na, pero tinerminate siya with a reason na di maganda ung performance niya…ano po ang first step, and ano pung base sa labor code..sinong may mali..at kung company man, ano ang babayaran.

    [Reply]

  174. Mr. Castillo Comment:
    November 7th, 2013 at 12:14 am

    Sir,

    Greetings!

    May I ask your assistance regarding AWOL cases please?
    Me and my colleague filed for a 2-day VL 2 months ahead of time to make sure that the slot will be given to us. Aug. 8, 2013 we submitted our VL Form, and they talked to us about it only 1st week of October disapproving our request due to “Business Needs” . We negotiated for a workaround just for them to approve our VL. They said they’ll think about it.

    A few days before our requested VL date, our immediate supervisor told us that he also negotiated with our Account Manager but he was advised “Kahit anong gawin ng dalawang yan, hinding hindi ko iaapprove ang VL nila”.

    We felt discriminated. At the day of our requested VL, we notified our immediate supervisor that we really can’t afford to cancel our flight since everything has been paid for and that we couldn’t go to work.

    When we came back to work, they tagged us as 1st offense – AWOL. A serious misconduct that needs 2 years of “cleansing period”. For two years, we will not be elligible for a promotion. We have a communication defining AWOL “An employee is considered AWOL (Absent without Leave) if he/she has not reported to work for three consecutive days without approval and notification.” . It clearly states 3 consecutive days and we were just out for 2 days. We sought clarification from HR and were advised to follow up with our projects HR Representative, we asked our supervisor about it and is not aware of the 3-day rule.

    During the hearing they even said “Akala namin magreresign na kayo agad pagkatapos namin kayo bigyan ng kaso”, which makes it even hurtful for us. We are trying to fix our name since this is the first time we had such behavioral issue being thrown against us, but this for me seems like they are impying “magresign nalang kayo”.

    We had our HR hearing on 10/24/13, and they asked us to send a written explanation not later than 10/28. On 10/28 we sent our written explanation and was advised to wait for 2 days for the final decision. On 10.30 we sought assistance from our immediate supervisor if already have feedback from the HR, we were advised they will follow up. We then asked for an update on 11.4 and was advised they haven’t received any update yet. We have been sleepless since the case was filed against us coz it is very detrimental to our professional growth with the company. Since it has been 8 days when we submitted our Explanation letter, we asked our HR directly of an update, and we got a response “Note that your case is being handled by Line (Project Supervisors) since it’s not yet a grave offense. It just so happen that they want me to be there when they served the CINE (which is not a requirement for me). The decision will be communicated to you by your Supervisors as soon as they already have the final decision.”

    Pinagpasa pasahan kami and they keep on prolonging our agony and sleepless nights. Could you please advise us on how we should handle this legally? Nahihirapan na kami sa work kasi hindi kami nakakatulog ng maayos sa kakaisip sa kaso naming kasi hindi kami sanay sa ganitong kaso, sa tingin din ng mga kasamahan naming sa work, pinagtritripan lang kami ng manager namain at tinatakot takot lang daw. Nakakatakot kasi empleyado lang kami at pwede nilang gawin lahat para madelay ang pagangat naming sa work.

    Thanks in advance sa assistance!

    [Reply]

  175. Forced leave po ba ng one day a week is ground for constractive dismisal? 3 months na po kaming dalawa lng ng co employee ko ganito situation, tapos kulang pa ang cash na binibigay na sweldo.

    [Reply]

  176. 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

    [Reply]

  177. alexis andrea Comment:
    December 15th, 2013 at 01:07 pm

    hi im working as a sales manager in an automotive company for more than one year.for the last three months i was verbally informed by my immediate superior that if my team didnt reach my quota my team will be dissolved. but to my surprise a week ago i was informed that starting on that day i will now be sales executive and be transfered to another gruop.they appointed a new manager on my old group. and my team members are still intact.without any written notice they wanted me to work as a sales executive.is my case constructive dismissal.can i file a case with this matter? its been a week but i still havent received my demotion papers.is demotion legal? can i get my position back.

    [Reply]

  178. Sir

    Greetings!

    Ask lang sir ako po ay re-assign from luzon to cagayan de oro ang binigay sa akin ng management ay free rental house tapos nong nag change ng operation manager yong company namin tatanggalin na po yong rental haouse ko sir ano kayang counter explanation ko or isasagot sa ganitong problima meron pa itong batas sa labor code law sa pilipinas.ty

    [Reply]

  179. good day. i would like to have an advise, i have been working in my company for almost 6 years, and now the CEO told us that they are having financial setbacks the reason why we just work by schedule, 3 days a week and they said that they are going to pay our salary based on the number of days of our work. we talked to them to just give us our separation pay since they can’t pay our monthly salary on a regular basis and we are not in favor of working by schedule because the salary will not be enough for our daily expenses. and also, we are having a problem with our benefits such as pagibig, sss. though it’s mandatory, they are not paying it especially the pagibig. what should we do about this? we really just wanted to leave the office but since we still have separation pay to get, we are having a hard time leaving the company. kindly pls email me.

    thank you

    [Reply]

  180. good day po sa lahat,

    ask lang po ako, regarding po problem sa employer ko, hired po ako as head po sa isang Restaurant, pinadala po ako sa dumaguete para magtraining, then after 1 week binalik po ako sa silay bacolod city., hired po at verbality ko ang contrata namin regarding po sa sahoran, naghired po sya nang mga staff at ako po ang nagtraining, lahat lahat, kasi po bubuksan pa lamang ang store namin kmi po ang pioneer, dahil wla po kaming hinawakan na documentong nagpapatunay na kmi po ay officialy hired na po sa company na yung, nagtrabaho po kmi mahigit 1month for preparation po sa store namin pagpipinta, constructed for ambiance etc. ang problema po ay pag openning po namin okey, a day after openning pinag day-off ako, tapos hindi na pina balik at ang masama hindi pa pina sahod,, ganoon rin po ang nangyayari sa mga staff ko paunti-unti po silang pinalitan ng new hired staff..

    [Reply]

  181. magandang gabi po. ako po ay isang empleyado sa isang local government sa probinsya namin.. hindi ko n po babanggitin kung saan.. permanent po ako at may item na bookbinder 3.. natalo po ang mayor na nag apoint sakin nung nkaraang eleksyon, at simula po noon ay nakaranas na kami ng pang haharass sa kasalukuyang administrasyon at ito nga po pinakahuli ay binigyan ako ng memo sampu ng aking mga kasama sa mayors office na itinatalaga kami bilang traffic aide na nagsimula po kahapon. pero lahat po kami ay malayo ang item sa itinalaga saming trabaho na wala naman po kaming kaalam alam at ni walang proper training o briefing, ito po ba ay matatawag na constructive dismissal? at paano po ba ang dapat naming gawin? maraming salamat po

    [Reply]

  182. The case is like this.
    Nagtender ng resignation because of demotion in position and a rumor of termination because there is an ongoing investigation for some violation. Can an employee still be dismissed even a resignation is submitted. Resignation is tender on Aug 24 and on September 23 they presented a decision to dismiss the employee.Second, can he/she not be entitled for an employment certificate?
    Thank you and more power.

    [Reply]

  183. bryan esguerra Comment:
    March 20th, 2014 at 01:01 pm

    tinanggal po ako ng wla daw relate sa trabaho kundi po daw sa attitude ko po tpos wala po akong natanggap sa kanila anu po dapat kng gawin

    [Reply]

    admin Reply:

    Ang mga kaso ng illegal dismissal ay maaring idulog sa NLRC. Kung mapapatunayang illegal ang pagkakatanggal mo sa trabaho, maari kang makabalik sa trabaho o mabayaran ng separation pay.

    [Reply]

  184. bryan esguerra Comment:
    March 20th, 2014 at 01:25 pm

    matagal n po ako sakanila 4 yrs n po ano po dapt kntg gawin

    [Reply]

  185. Good day, I am looking for some advice since my boss recently told me to start looking for a new job otherwise i would be forced out of the company. As far as I’m aware i haven’t done anything wrong and my last performance appraisal was ok/average. Could this be considered constructive dismissal and do i need to consult a lawyer if i want to make a case?

    thanks!

    [Reply]

  186. Magandang araw! itatanong ko kang po kung pede akong magreklamo sa nlrc dahil itatransfer kame ng employer namin sa new company na new subsidiary nito, tsaka under cya ng cooperative na no employee-employer relations? ang dahilan po kase ay project employee kami dun sa dati naming company at nagexpand po sila kaya ok lang daw kaming ilipat dun sa cooperative…pede ko bang.hilingin na.gawin akong regular kase under po ng article 280 ng.labor code

    [Reply]

  187. Hi.I will be reassigned to another area which is very far from me. I have signed a contract before then suddenly bigla nila babaguhin yung project site without telling us. No definite reason kung bakit nila kami ililipat ng ibang area. Pwede ba kami umayaw if ever ilipat kami? If yes, ano pwede namin sabihin sa employer namin? Thank you.

    [Reply]

  188. under training poo aku, one month lang po ang napagusapan at na extend po i un na wala pong letter or pinipirmahan. tpos po na tinerminate aku bcoz i was absent but i informed them un nga lang po, late nah..becuase of some reason.

    makukuha ko pa po ba ung training allowance ko…salamat po

    [Reply]

  189. Good day,
    Ask ko lang po, if its right na isuspend agad ang isang employee if he/she was absent for 1 day and failed to notify his/her employer on that given time and it will be tagged as NCNS – No Call No Show, though employer was notified still, late nga lang, which is supposedly 2hrs before the shift? And you were absent because you’re sick, having high fever, like can’t even send text message to your immediate superior at all. Do the employer has the right to suspend the employee immediately? Di’ba dapat may verbal or writtent warning muna before the employer can suspend an employee for 3 days? After you explained why you’re absent thru IVR(Insident Violation Report). Isususpend ka nila ng 3 days which is iba ibang araw i mean hindi sya sunod sunod. I’ve been with my current employer Since January 2013. Please help me with this.

    [Reply]

  190. Good day po Atty,
    Ask ko lang po sana, kung ano pwede ko gawin, since na suspend po ako ng 3 days ng hindi sunod sunod, i mean magkakaibang araw. Now what happened is, nagabsent ako ng isang araw due to high fever, i didn’t had a chance to notify my immediate superior na hindi ako makakapasok sa tamang oras which is 2 hours before the shift so i was tagged NCNS(No Call No Show). But i sent a message late nga lang, though still they were notified that im sick. I received na IVR(INCIDENT VIOLATION REPORT), then they suspend me 3 days, na inform naman po ako na masususpend ako ng 3days, but then hindi po ba dapat, may verbal or written warning man lang before suspension?
    Is there any case i can file against them? If i presented a med cert. and they didn’t honor it given na late yung notification that i will be absent. Please enlighten me about my issue. I’ve been with my employer since January 2013.
    Thanks.

    [Reply]

  191. Hi,

    Question po. I am currently rendering my 30 days of resignation, but I was informed that If I will be late of 3 instances, they will revoke it and terminate me instead. is this possible?

    [Reply]

  192. Hi Atty.,

    Please let me know if i understood you correctly. I am working as a TL and just last friday, me and the other TL was told that we are not gonna be handling a team anymore. We were told that TLs are over staffed so they are assigning us to do a different task. Should this be considered a constructive dismissal? I find it a bit unfair as I am not sure about the grounds they used to decide on who, among the 9 TLs will be doing the job. At first, they asked everyone (9 TLs) if someone wants to volunteer given that the title will change, quarterly incentives will be gone but our basic pay will stay the same and the catch is we will be eligible for an annual increase (which i think all employees are eligible of, or correct me if i am wrong). Of course, none of us volunteered as we are not happy about changing our titles as Team Lead. They said that it is not a demotion but they are asking our HR department to give us a new contract with the correct title and job description.

    It was mentioned that change of title is not conclusive based on business judgement but in my case, is it legal that they change my title without any grounds? I mean, among the 9 TLs, I guess it’s best if we were stack ranked based on performance if they based it on business needs. Let me know your thoughts.

    Your guidance will be highly appreciated.

    Thanks in advance.

    [Reply]

  193. ask ko lang po kung pwede ko pa po makuha yung cashbond,13 month,last salary ko po kung hindi na po ako pumasok.kasi nga po binibigyan po ako kaso at pinipilit umamin kahit wala po ko kinalaman sa issue ng isa naming kasama na tinaggal?

    [Reply]

  194. Milkos Michael Martinez Comment:
    June 30th, 2014 at 11:40 am

    Dear Atty.,

    It was June 16 when our HR assistant entered my room in a polite manner announcing that I was fired by the management due to disseminating false statement concerning the company. Allegedly, it was an incident wherein I have talked to a bank correspondent which I have made negative remarks about my salary and the company which my acts constitute violations of the company’s code of conduct according to the HR assistant. However, I was requiring her a memorandum on the incident but the HR assistant told me that “ipadadala na lang po sa house nyo at paki surrender na lang po ang keys ng inyong office as well as my service car, mobile etc. Since I can’t stand the tention, I went out of my office and surrender the key of my office to our HR assistant, eventually the key of my service vehicle. 3 days later I received a memo that I was placed on preventive suspension and I need to explain in writing within 5 days why I should not be sanctioned of the alleged act. June 25 they have received my reply through the building guard since I was not allowed to enter our office premise. After I received the memo, a day after I filed a constructive dismissal with NLRC. Our preliminary conference is set with SENA 15 days after I filed my complaint against the company. I am one of the directors with minimal shares and the head of the operations for almost 2 years now. I don’t want to continue working with the company as a worker anymore due to the punitive actions I have experienced. Without doubt they have dismissed me constructively due to the fraud I discovered prior to the incident. Anticipating your quick reply on the action I should take on this matter. Thanks & best regards.

    [Reply]

  195. pls avdice po ano gagawin ko,im in the company for 13 years, in fact ako pa apo ang nag entruduce ng business sa employer ko, i was then the chief techn from tha start of the business untill now, nagkaroon ng technical problem sa negosyo,bigla na lang di na ako pinapasok, di rin pwedeng lumapit sa mga machines,wala akong na recieve nsa memo or letter,sakaling may nagawa akong mali,di ako piantrabaho pero pinapasweldo, nabawasan lang nga kaunti sa allowance, ito po bay sign ng constructive dismissal?, ano po gagawin ko? pls. reply.. thanks….

    [Reply]

  196. Dear Atty,
    Is a negative result on a Performance Improvement Plan (PIP) be a ground for termination?
    I am working for a multi-national food ingredient trading company,,and just yesterday I was adviced that i will be subjected for PIP,,though no written agreement yet on certain conditions,, but it was said that if unable to meet the PIP goal, i will be subjected for termination..
    Is is legal?

    Ive been in the company as a Technical manager for 2 years now- as a permanent employee and as far as my JD is concern, I am functioning as stated. However in some areas there are some low points.

    If I refuse to sign the PIP would it mean insubordination?

    I appreciate a response on your end to enlighten me more with regards to my right as an employee.

    Thank you very much.

    Maricar

    [Reply]

  197. Cathy Sano Comment:
    July 21st, 2014 at 02:05 pm

    Hi atty.,

    ask ko lang if my current situation is a form of constructive dismissal. I joined this company as an ojt for encoder last september 6,2012.. due to my good performance i was promoted as an admin staff by february 2013-may 2014. By june 2014 i was assigned as parts/service coordinator due to new management arrangement. by july 7, my position changed again because one department is requesting for a coordinator and i was assigned to it as SEM Coordinator. Humors are going around the office, said that if i wasn’t assigned to that position, there will be a redundancy.

    [Reply]

  198. Hi Atty.
    Mag inquire lang po ako. I recently ledt work and tender immediate resignation. Originally po 30 days notice un kaya lang po last July 16 i was called several times by my Boss. It wasnt a good day for both of us. Until i failed sa isang task na pungagawa niya sa akin. Sinigawan niya po ako which is not the first time. In fact i resigned kasi po di ko na kaya ang mga sinasabi niya.
    That day po, he told me out of his disappointments na if i want i can revise my resignation immediately. Sabi po niya “you can revise it for end of this month or if you want even immediate…up to you”..so i felt po na i have no room to extend pa and complete the original 30 days. I revise my resignation effective immediately. Cobstructive dismissal po ba ito?

    Thanks po.

    [Reply]

  199. Hi Atty,

    Inquire lang po sana ako if macoconsider na po bang constructive termination ang nagyari sa akin. I recently tender my resignation immediately from a company i worked with for more than 5 years. Originally po 30 days ung resignation letter ko kaya lang po last July 16, I revised it after an incident between me and my immediate supervisor. Nasigawan po ako that day dahils sa isang task that I was not successful po. Initially open door po kami sa office nya and while sinisigawan po ako. After couple of minutes nag close door na rin po kami and that is when my immediate supervisor told me “if you want you can revise your resignation until end of this month or immediate.. up to you”… it was a long story Atty. though can this be considered as constructive termination? not to mention the day i submitted my resignation, I told my immediate supervisor the reason why I was resigning was because of his treatment. He was mad at me and even told me that I was too emotional, and that he do not trust my judgement. I tried still reporting until the incident last July 16…

    [Reply]

  200. Joey Santos Comment:
    August 1st, 2014 at 02:49 pm

    Gud day! May i consult the ff:

    Im a GM at Bicol branch for almost a year then with no formal reason was transferred to Manila office with no functions nor specific task. Still with salary and benefits. Given an area w/ a table but not doing anything. Before I am entitled to over riding commissions but now i supposed not anymore…I was attending Mancom before now not anymore….more than one month im floating…everyday i feel embarrassed..they know i am a GM before and now I am transferred here with no work or assignments to do…no formal memos issued too. pls help thanks..

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  201. Atty. I just want to ask po for my chances to win the case against the company i worked with po. I started working with them last year po July and they terminated me december last year.. 1 week before my regularization. (Info: i was 5mos. pregnant po when they terminated me) this was the situation po when they terminated me. Our regular shift was in the morning then all of a sudden when the client pulled out the account from our company, we were all transferred to night shift. So our shift now starts from 10pm to 7am. That client also pulled out the account so we were all transferred to another shift which was from 3pm to 12am (midshift) our boss from australia held a meeting that we were all be transferred to midshift that day (via skype) but we all complained because we don’t have enough sleep yet especially me because i was pregnant. So they have given us 2choices. (1) since that was dec.19 they told us if we don’t want to come at work that day..we can have our vacation already and go back next year but not paid (jan.2) or (2) come at work by 3pm and get paid. Some agreed some were not. But in my case, i asked my superior if i declined and come at work in jan.2 will it affect my regularization the following week.. because if it does, i will come at work. So she asked our boss via skype then we were all surprised when she said she doesn’t want me to be regularized. They will just send the termination letter to our house stating their reason. But i complained. So my superior told me secretly to file a case in DOLE or NLRC because she knew what they did was wrong. So dec.27 i received their letter saying that there were 2 breaches or incident report filed against me and there was once that i haven’t reached my quota. That’s it. Let me explain the two breaches. The 2 breaches that they were telling were not found me guilty. Why? Because if i was then guilty of those breaches, they shiuld have terminated me before already because according to the company’s Code Of Conduct, if found guilty, employee should be terminated immediately and those breaches happened a month ago and both cases were closed because i was not guilty. So they cannot use that as a valid reason because i didn’t do such thing. 2nd reason, i haven’t reached ny quota, i was not the one who haven’t reached the quota.. that’s actually the reason why our clients pulled out their accounts because all of us haven’t reached it. As a matter of fact, i was their top performer in the company, i have used my certificate of recognition with the bosses signatures as an evidence. So Atty. I just want to know my chances of winning the case. When they terminated me, i find it hard to find a new company because i was pregnant. I have this plan before when i get regularize..i will use the company’s maternity leaves but then they terminated me. I was depressed because i don’t know where to get money for my delivery expenses and of course for my baby’s needs. Thanks for reading Atty. I hope to get response.

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  202. Is it consider a constructive dismissal if an email letter from a company CEO addressed to my division head and HR states to job me out, then my immediate superior is advising my unit to stay away from me? Then never delegated works to me but directly giving it to my subordinates?

    Please advise.

    Regards.

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  203. Jerome Cliff E. Baque Comment:
    August 27th, 2014 at 05:13 pm

    Good day sir!
    itatanong ko lang po sana kung MAGVOVOLUNTARY RESIGN po ba makakatanggap po ba ng separation pay??

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  204. Hi,

    I would like to inquire about my case. I’m currently working here in Singapore but 5 months already my last pay in the Philippines still hold. I do follow up but they seldom email me back. The HR always said she has no control about it and she does not know why the owner held my last pay. I am not only claiming for my last pay because the moment I gave them my resignation letter they already held my salary about 3 cut offs. I tendered 1 month for my resignation. I have my clearance cleared before leaving the company. Im working in Makati but at the last hour of my last day my cleared clearance was held because I need to fly to Mindanao to do as built drawing without any complained I flew to Mindanao just to be cleared because they told me if I am not going to fly to Mindanao and do the drawing my clearance will be held. Please advise me on what to do.

    Thank you,
    iky

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  205. Elgie Reyes Comment:
    October 24th, 2014 at 05:31 pm

    Hi Atty. Ted,

    I am a single parent and my son was diagnosed with Autism just this year of July 2014. I applied for a promotion as a Manager last year, luckily passed the processed and hired. Due to the flactuating performance of my son in school and in his therapy, i rendered a Request for a Demotion as a Specialist Sales, I also state that I am accepting to downgrade the benefits of a manager to change to Specialist that I am requesting but not the basic salary.

    Our HR Manager says that I have to make an agreement or letter for some situations to clarify, like if I am going to undergo training for specialist and If i didn’t pass the training, I acknowledge to go to another lower position and my salary will be back to the lower position. Is this allowed that I really have to make another letter for some adjustment?

    What is the due process for this?

    And is the reason of my request for demotion can be consider in the labor code?

    I highly appreciate your immediate response Sir.

    Thank you.

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  206. hi im ana, sept. 22 2014 ng mg reliever ako sa ibang branch ng company namen binigyan po ako agad ng pera nung nakasama ko dun na sa pg aakala ko ay tip lang nung time na un nakita ko na my ginagaw cla na naninigil sil ng sobra sa customer kaya ng kaka pera sila kaya pg inaabutan na ako never na ko tumamgap. at after ko mag duty kinabukas ay na concern ko ito sa oic ko at huminge ako ng payo kung isusumbong ko sa hr pero ang sb saken is hayaan ko dw muna at isumbong ko dw kung n ulet. ng duty ulet ako dun biglang reliever 27,28,29 at 30 na promote ako as oic na nila. dahil sa nakita ko n mababait na ang tao ko ng tiwala ako sa kanila at isang araw tumwag ag OP namin my na kwento dw sa kaya ung dati ko oic. soikenuwento ko na at isunumbong sila kay ng karoon ng spot audit at naramdaman nila na mahuhuli na sila at pinag plamuhan na nila videohn knila ako ng dko aam habng ng cp k sa work. hanggang pinatawag na kame sa office at nkipag turn over na ako dun sa oic nhingan ko ng payo. dun sa pakikipag usap ng hr saken my tatlo dw ako nilabag 1. sa time record pumapsok dw ako late pro hindi ko inilagay sa time card ko hindi naman nila napatunay s pagkat gawagawa lang ito ng tao ko.
    2. ung video nang ccp ako while work at
    3. ung tinagap ko pera na akala ko ay tip nila nung ng relieve ako sakanila.
    after nun ng desiyon c hr na 2 option dw force to resign my makukuharaw ak o termintion kkasuhan nila ako at wla ako mkukuha dahil sa takot ko a sobrang emosyonal ng pag iyak dahil buntis pa ko at my anak na special n ako lang sumusuporta na pwesa nila ako mg resign oct 24 2014 at effective dw sa 31 o 7 days. gusto ko mg file ng kaso sa compay ko hbang nd pa effective umg force resign na ginawa nila saken anu po pede k ikaso sa kanila dahil tingin ko wla cla mabigat na dahilan para pwersahin ako mg reaign at takutin pa. i need ur help iyak po ako ng iyak ako na po ng salita about sa mali ginagawa nila ako rin po ay tinagal nila. 3 yrs na po ako sa company top saller po ako for almost one yr at na kasam s vietnam trip ng min company. hind mn lng nila ao bingyang ng pagkakataon. pls help me

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