Definition

Just causes for dismissal of employee may be defined as those lawful or valid grounds for termination of employment which arise from causes directly attributable to the fault or negligence of the erring employee. Just causes are usually serious or grave in nature and attended by willful or wrongful intent or they reflected adversely on the moral character of the employees.

As opposed to authorized causes under Article 283 wherein the termination of employment is dictated by necessity of the business, the dismissal under just causes is imposed by the employer to the erring employee as a punishment for the latter’s acts or omission.

Just Causes Under the Labor Code

Just causes for termination under the Labor Code is found in Article 282 and enumerated here as follows:

  1. Serious misconduct. Serious misconduct is an improper conduct willful in character and of such grave nature that transgressed some established and definite rule of action in relation to the employee’s work.
  2. Willful disobedience to lawful orders. The employees are bound to follow reasonable and lawful orders of the employer which are in connection with their work. Failure to do so may be a ground for dismissal or other disciplinary action.
  3. Gross and habitual neglect of duties. Gross negligence has been defined as the want or absence of or failure to exercise slight care or diligence, or the entire absence of care. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.
  4. Fraud or willful breach of trust / Loss of confidence. Fraud is any act, omission, or concealment which involves a breach of legal duty, trust, or confidence justly reposed and is injurious to another.
  5. Commission of a crime or offense. Commission of a crime or offense by the employee against his employer or any immediate member of his family or his duly authorized representative, is a just cause for termination of employment.
  6. Analogous causes. Other causes analogous to the above grounds may also be a just cause for termination of employment.

Examples of Analogous Causes

  1. Abandonment. Abandonment of job is a form of neglect of duty. There is abandonment when the employee leave his job or position with a clear and deliberate intent to discontinue his employment without any intention of returning back.
  2. Gross inefficiency. Gross inefficiency is analogous to and closely related to gross neglect for both involve acts or omissions on the part of the employee resulting in damage to the employer or to his business. (See Lim vs. NLRC, G.R. No. 118434, July 26, 1996.)
  3. Disloyalty/conflict of interest. Disloyalty exists when one asserts an interest, or performs acts adverse to one’s employer, such as secretly engaging in a business which renders him a competitor and rival of his employer. It constitutes a breach of an implied condition of the contract of employment. (See Elizalde International vs. Court of Appeals, G.R. No. L40553 February 26, 1981.)
  4. Dishonesty. Acts of dishonesty deemed to be patently inimical to the employer is analogous to breach of trust and is a valid cause for termination of employment.

No Separation Pay

An employee who is terminated from employment for a just cause is not entitled to payment of separation benefits. Section 7, Rule I, Book VI, of the Omnibus Rules Implementing the Labor Code provides:

“Sec. 7. Termination of employment by employer. – The just causes for terminating the services of an employee shall be those provided in Article 282 of the Code. The separation from work of an employee for a just cause does not entitle him to the termination pay provided in Code, without prejudice, however, to whatever rights, benefits and privileges he may have under the applicable individual or collective bargaining agreement with the employer or voluntary employer policy or practice.”

Last Edited: Tuesday, April 24, 2012

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.
analogous causes, commission of crimes, dishonesty, disobedience, fraud, gross negligence, grounds for dismissal, just causes, neglect of duty, serious misconduct, Termination of Employment, willful breach of trust
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121 comments

  1. im just asking for my case. i has been employed since 2004 up to feb 5,2011, with mos basic salary since 2004 and my evaluation in teaching is satisfactory evry evalutaion period, fulltime faculty, suddenly happened last year june 2010 my basic salary 15k plus fell into per hour basis.the management basis was the ched memo. that all faculty memeber without master degree will become partime teacher, i file this in nlrc constructive dismisal yr 2010 dec 28 and our first hearing jan 27,2011. with the arbiter decide a position paper i go to LRA compund to find a POW lawyer, the POW lawyer ask if iam connected to skul until know, i said yes, the POW said the case will no merit due to employee has been connected to the employer, i ask what will i do, you dismis the case and after 10 days you recieved you may file again and you never connected to your skul, i decide to dismis jan27 2011 and wait my dismisal letter and last attending in my work feb 5 2011, i verbally inform my boss that my reason my salary not fit to my every expense, bescuse since oct,2010 my salary per half mos are 500 pesos oct,nov 700 pesos, dec 300,jan 400, last day i decide to quit my work feb 5 i earned 300 peso,
    i abandon my work due to not equitable of my salary to my everyday neccesity,

    i have all evidence like. contract every yer,payslip,
    certificate employment, seminar,TESDA that i am quilified to teach tesda but the managemen did not amke action to assign me in my qualified area.
    conversation letter 4 letters since june 2010 that manangement start to fell me into partime.

    i search to internet that illigal dismisal constructive you must file a resignation letter that informing your demand. i did not do that.

    my question is:
    1. is that abandonment of work.that i decide to quit due to salry not fit to my necesstiy even i did not make resignation letter.
    2. is it my case have a merit to win.

    thank i hope their will be answer to my question

    [Reply]

    pedro Reply:

    kristine mayabang ka!!!!!!

    [Reply]

    ENS Reply:

    evaluate yourself properly! are you really qualified as a teacher?

    [Reply]

    joy Reply:

    are you really a teacher? teacher’s are not looking for a job or any money, they are for their students’ needs. im a teacher also in a Public School and receiving a salary same as yours. but i see to it that all my expenses, needs or even wants are enough for that certain salary.

    [Reply]

    XhitMiming Reply:

    Teacher kaba talaga? Ang bobo mo kc mag-english! Wow maling mali pa ung mga spellings at grammar mo madame. You’ve just made the right decision – to quit your job ’cause you are highly unqualified for the position. Haha :p

    [Reply]

  2. hi!

    i just want to ask, I have been put on preventive suspension for 30 days, and was informed that I will receive a notice of the decision within that period. what if I idnt receive any notice within 30 days? I actually submitted my resignation but my supervisor told me that it will be denied. Need your assistance in this matter.

    Thank you.

    [Reply]

    Ted Ferrolino Reply:

    At the end of 30 days, you must be reinstated back to your former position. Your employer may extend the suspension provided that you are paid salary for the entire duration of the extension.

    [Reply]

  3. yqueyanny Comment:
    July 16th, 2011 at 05:50 am

    hi- curious to know if we can terminate pregnant woment due to negligence?

    [Reply]

    Ted Ferrolino Reply:

    Negligence must be gross and habitual to be a ground for termination. (It is illegal to terminate a woman employee solely on account of his pregnancy.)

    [Reply]

  4. My sister, who was single, suddenly died. We could not find her will, so the rest of the family members are paying for everything right now. Is the employee, my sister’s personal driver for more than 5 years, entitled to a separation pay ?
    Thanks for the advice.

    [Reply]

  5. sangeeta singh Comment:
    October 5th, 2011 at 03:40 pm

    hi-
    im a call center agent and been working for the company for almost 4yrs now..now what happen was my manager is insisting to transfer me for no reason,because he just feels like it.i was not inform beforehand about it.i was suprise when they were forcing me to sign a paper for transfer.and i did not..i talked to our human resources about it and they didn’t knew anything about wants going on..and now this manager is treatening to dismiss me if im not gonna do what he says …as per labor code only an employer transfer an employee as long as its in good faith…so clearly his not my employer…so what type of case can i file again this manager

    i will be very appreciated and will help me a lot…

    [Reply]

  6. sangeeta singh Comment:
    October 5th, 2011 at 04:39 pm

    and to add up..though i sometimes have an issue with my tardiness …they will put me on suspension for 1 day which i understand…but im one of theyre employee who performs well.im w/in the top 50 for the whole site .performance wise. so i dont think there should be any reason for my to transfer…so do they have any right to dismiss me? thanks

    [Reply]

  7. Hi!

    My probationary contract has ended. The management refuses to issue certificates of employment and to give us our training pay. During the probationary period, the company was deducting a certain amount from our salary for the entire duration wherein we were employed. We have our pay slips.

    According to our signed trainee and probationary contract, they will do so, but we are entitled to receive the full amount that they have deducted at the end of the probationary contract. Their reason for not issuing certificates of employment and training pay is that we had pending tasks.

    Is what their doing legal? Do we have a say in this? What their doing is not part of the contract and we had no prior knowledge that this will happen when our employment duration came to an end.

    Please advise, thank you.

    [Reply]

    lonedissenter Reply:

    This is a classic example of unlawful withholding of wages. Under the Labor Code (see Article 116), so long as the employee has performed work for the payroll, he is entitled to his corresponding salary. The only allowed instance synonymous to withholding is the concept of deductions under Articles 113 (Labor Code), the Tax Code (income tax withheld),and Sections 13 and 14 of Rule XVIII Omnibus Rules to Implement the Labor Code. None of those exceptions mentioned are applicable to your case so it is clearly an illegal withholding of wages.

    [Reply]

    Karthik Reply:

    If the employee resigns from employment without serving the notice period but demands issuance of Certificate of employment – should employer agree and give the same? Is it mandatory obligation on employers part under Labor code?

    [Reply]

  8. hi i would like to ask if i can file a case against my company ,

    a. we do not have a contract eversince
    b. our late charges and ot charges are no the same computation from the labor code
    c. i am trying to negotiate with them for i think i deserve more of what i had given them (my sales without commissions )u at
    d. i found some disturbing things about them
    e. I am verbally abuse by them (3 bosses but at first i dont mind since my ex husband abuse me also)
    f. they have known that i am slowly healing to the trauma and emotional abuse that i had encountered with my ex husband but still they insist on me to go to work , and i felt that they are abusing me more since i decided to resign and they want something from me that i cannot commit .
    j. i resigned through email and told them ask them if i can still work at home or outside since I cannot go to the office anymore for i am very afraid they might do something for me again that i almost had an accident on that day.
    k. they did not give my last salary and they said Im awol but I am still working the day they email me that?

    what do i have to do im a single mom with no family to support me .. thanks

    [Reply]

    Amra Reply:

    hi rose! reading your story, it seems to me that there is more to it than what you have written. regardless if you are unable to share it here, i advise you to consult a lawyer. you can go to FLAG (Free Legal Assistance Group) and let them see if you have a case.

    [Reply]

  9. just ask in behalf of my partner, he is a building painter, their company give them a form of pag ibig and philhealth and the form doesn’t ever get of the employee’s company but every end of the month they have a deduction for pag ibig philhealth and sss contribution, i’m just curious where did the company put the deduction of their workers if they doesn’t get the form… what should my partner do for this case?

    [Reply]

  10. I am an employer. I have 2 employees. One of them has been committing one of the Analogous causes specifically Dishonesty and conflict of interest. I have caught her do it several times and told her that I dont like this to happen again. Other specific faults include, giving credit to customers and customers not paying us, and also getting the payment of our customers and giving me back only the balance without my permission. I could do a dismissal to her right? For all her deductions, she will end up with no salary and even 13th month pay. Should i just dismiss her or should I ask her to sign a resignation letter. pls advise asap, as i do not want to extend her here anymore. thanks

    [Reply]

  11. im an employee of a private company for a year. My supervisor gave me a below par appraisal after one year. Then after a month, they issued me a notice to explain about my bank reconciliation. Then another notice to explain for alleged negligence on my part for failure to back up my files. Finally, the manager forces me to resign so as not to smear my employment records. Even threat me that if i did not do so i will be put into preventive suspension and eventually be kick out of the company….please advise i really need help!!!

    [Reply]

  12. mauro garcia Comment:
    January 20th, 2012 at 02:19 pm

    i’m an employer, i had two people are regular employee they’ve been absent for three days without filing their leave, and even communication we cannot locate them, is this can be charge to dismissal as abandonment of duty, is this possible thanks

    [Reply]

  13. Jack son Santos Comment:
    February 4th, 2012 at 01:48 pm

    Just wanted to ask we are aving problem in our offce (call center) there are some manipulation of the stat. by us agents…we been given a chance to explain our side and after 2 weeks we already receive the result and its termination…after several audits by the manages ment they found out that not only us who has been terminated was doing the same thing and for the second batch of the agent they been given a chance same issue but for us terminated and for them final written warning only and they where able to receive their commission and for us our commission is being hold the fact that we are still working when the release of the said commission. can we file a case for this unfairly judgement by the company?

    [Reply]

  14. Just wanted to ask,there is this case in our company were employee admitted of fabricating laboratory results which because he just want to avoid any inconvenience & complaints from patients.from his letter he stated those facts of dishonesty.I would like to ask is it a just cause for termination of employment.Thanks

    [Reply]

  15. tama ba na isuspindi agad ang isang empleyado habang iniimbistigahan pa ang usapin sa kanya. at ang mga nag gawa ng usapin sa kanya ay mga tiwaling empleyado na my usapin ng pagnanakaw. naka preventive agad wala pa silang hawak na ebidensya. at nung mag harapharap sbi ng abugado ng kumpanya maghahanap pa sila ng ibang testigo. pati ang sahod ng empleyado naka preventive pana hold ng kumpanya tama ba ito. tapos wala pa silang resulta sa kaso nag talaga na kagad ang kumpanya ng ibang tao dun sa pwesto ng naka preventive na empleyado tama ba itp

    [Reply]

    michael Reply:

    pati ang pinaghirapan ng empleyado hanarang nila makatao ba ito

    [Reply]

  16. is employees terminated due to misconduct/trust and confidence, entitled to 13th month pay?

    [Reply]

  17. carmelita Comment:
    June 19th, 2012 at 05:14 pm

    can a terminated employee can still get her or his other benefits such as 13th month pay and refund of withholding tax? even she or he wasnt paid separation pay?

    [Reply]

  18. carmelita Comment:
    June 19th, 2012 at 05:16 pm

    can a terminated employee can still get 13th month pay and her refund of withholding tax even she was not paid her separation pay benefit?

    [Reply]

  19. is practicumers are covered by the labor law?

    [Reply]

  20. If ever an employee has been terminated due to Article 282..If he/she is not entitled to any separation pay, Is that employee still entitled to receive his/her last pay ( last salary ); 13th month pay benefits; unused VL & SL benefits? Thanks!

    [Reply]

  21. One of our employees allegedly malbursed funds after we did an audit. Money that should be deposited to the bank was not and the money was nowhere to be found in the office. We have given him ample time to explain. Until lately hes not coming to work and sending sms that he is under stress test upto the day he texted again that he will undergo surgical operation on his thyroid. Since he was notreporting for work we sent him NTE but thru his son only visited the office to file health benefits matters for his father. My questions are
    1. Is the receipt valid having his son to do it? If the reciept is valid
    2. Is it just that we recommend voluntary resignation so that he would not be stressed to answer the allegations and to take rest and offer him freeing from the charges against him.

    [Reply]

  22. Sorry was cut….

    If the receipt is valid, will it count the 5 days we gave him to answer even if he was operated on the thyroid?

    3. Is getting sick a valid reason to delay the process of legal termination?

    Thank you so much and more power.

    [Reply]

  23. Hi, My daughter was hired tree mos. ago by my employer to work as sales coordinator in his other company name as D University Place, she was treated by the VP sales supervisor unjustly & unfortunately my employer died early last month & d more she was treated not well in their company

    and she was reminded to resign if she don’t like her unlawful policies, she was not given the SSS,PHIC & HDMF Benefits, pls tell us what to do..thanks n God bless.

    [Reply]

    jem Reply:

    for whatever reason the employer do not have any right not to give the mandatory statutory benefits such as SSS, Philhealth and HDMF. Therefore, you may proceed to NLRC to file for a case on the basis of not complying with the lawful benefits. However, on the “unjustly” treatment you were referring you may want to expound onto that and need to established what are the unjustly circumstance your daughter was in. It has to be identified to be able to establish that you grievance has merit.

    [Reply]

  24. Just wanna ask. If I were a long time employee in a company and I was fired for taking part in a rally for a workers’ union in which I am a leading member, is it justifiable?

    [Reply]

  25. Hello, i would like to ask if it is possible to terminate my supervisor coz he didn’t follow rules that was instructed to him by our Manager that causes loss of big amount of money to the company, and he said to the owner that he was still following the protocol of his previous Manager .

    Thank you.

    [Reply]

  26. bugoy sto. thomas Comment:
    September 2nd, 2012 at 07:54 pm

    I have a question regarding with the terminated employee. Does the employee can still get their cash bond once they terminated caused of AWOL? Thanks!

    [Reply]

  27. Hi. I filed resignation effective april 16 but got an e-mail from my maanger that it was my last day on April 11. She e-mailed it at April 11 6:11pm and advised that it was my last day and advised me to endorse my deliverable to my colleague who was on leave. To quote her, ‘ I am e-mailing you in private for you to decide. Today and tomorrow will not make a difference, thus, today is your last day and it has clearance from our HR Head.

    I have appointed Employee A for your endorsements, if she accepts, I am okay with your clearance.”

    With said situation, can I file a case ground for constructive dismissal/illegal dismissal? If not what case/ground I should file.

    I was really insulted the way they have declared my last day. I have done them no wrong. Employer is non-union, I am a regular employee and have filed resignation following the 30-day notice which they have received and approved. Till this writing, they refuse to pay my final pay and sent me a letter advising me to do the turn over without pay. I personally feel that turn over is no longer necessary for it was past 2 months already and they were able to get my replacement already.

    Need your advise. thank you.

    [Reply]

  28. 1. If it is lawful to charge an employee due to variances found on stock inventory during audit specifically on glass products?

    [Reply]

  29. 1. if it is lawful to charge an employee due to variance found on stock inventory after audit?

    [Reply]

  30. the employment/services of my friend (more or less 500 employees) were not renewed or extended after the expiration of their special order as contractual and casual employees. their employer is a GOCC. length of service of these employees range from seven years to 30 years, appointment or status of employment is either contractual or casual. prior years, their appointments were being extended and renewed on regular basis (without cut of service)in fact they are recognized by the management by giving them critical functions and assigments similar to regular employees. lately, their appointments were not renewed or extended after it expired last june 30, 2012. sometime on july 5, 2012 these employees received an advisory from the management informing all concerned that their employment already expired on june 30, 2012. and that the mgt can no longer extend their employment due to unfavorable decision of the governance commission to extend their employment due to rationalization plan of their office which was already approved by the DBM sometime in 2010; and the action taken by the mgt was to just extend their services for another 15 calender days on job order status. also sometime in 2010 affected employees of the approved rationalization plan filed a case against the concerned party for they believe that the approval of the rationalization plan did not followed the proper procedure, thus null and void. the mgt then and the affected employees agreed to settle the issue out of court, until a new OIC of this government agency was designated. we would like to know whether the action taken by the employer (a government agency) is with basis and valid? accoringly separation pay cannot be processed for the meantime that the non renewal of employment of these some 500 employees has partly paralyzed the operation of their office nationwaide.

    [Reply]

  31. My friend requested me to post this question. he is working in a callcenter and he was charged of fraud and put into preventive suspension while waiting for the administrative hearing.reason for fraud indicated manipulation of customer’s information and was just presented with an excel file report without any actual data (e.g. actual screenshots agent’s identification) as a proof data which can be reproduced by anybody and seemmingly inadequate. My question is: Is the immediate suspension valid? Apparently this is not a direct threat to a co-employee neither to the employer and in fact this will still undergo series of investigation.

    [Reply]

  32. Hi i am in call cnter industry! Our hr is doing their bgc for the span of 6 mos! I was at the company almost for 9 10 mos! They called this prwvious employer where i worked for 2 weeks! I didnt state the duration time on my cv! Bu i accidentaly gave them a wrong edited EC the secretary gave me! Now they were questioning me about it! For i know its a wrong cv i dnt usually use! Can the company terminate me if i still confess that i gave them the wrong ec And i really dnt have ec coz i know its only for 2 weeks work!
    Pls help! I need answer soon!

    [Reply]

  33. I called my boss a liar inside our workplace as she was insisting that i agreed about paying a team building present or not present. She asked our team through chat if who among us were aware aboutbthe agreement that adds up to me being so emotional i felt that she made me feel on a defensive mode and felt injustice the reason why i called her a liar. And now i am undergoing an hr hearing because of insubordination can some one help me with thiis.. I just said bec she made me feel that way i felt that itvwas planned and scripted

    [Reply]

  34. Hi, what if the teacher is pregnant and she doesn’t have a husband is she will be terminated or the authority will remove her license as a teacher?

    [Reply]

    Dean Reply:

    What does having a husband have to do with being pregnant?

    [Reply]

  35. hi..i’m a call center agent under probati0nary period. I had absenses before because i need to take care of my s0n who was h0spitalized.i have all the d0cs 4 my s0n’s h0spitalizati0n.. Aftr a m0nth, my lower jaw was inflammed that i cant even eat n0r drink.t0gether wd d inflammati0n of my jaw, i was diagn0sed to have t0nsilitis.i am also a m0nth pregnant that time and my ob advised me take a leave 4 5-7 days and our c0mpany clinic tagged it as my sick leave.i passed all the docs 2 our clinic. A friend of mine was terminated due to frequent absences.she told me that our manager told our supervisor that once i get absent or late for just day,they are going to terminate my probationary employment.. In additi0n to it, our manager also told our supervis0r: “tulad nito, ang lakas ng lo0b mgpabuntis eh pr0by plng”. D manager did n0t dr0p any names but i am d only one who is pregnant and proby in our account..
    hoping for your reply.
    thank u so much

    [Reply]

  36. Very interesting article, it looks like labor law is very similar all around the world. As far as I can see, just cause is defined in quite exactly the same way in Europe as it is in the Philippines!

    [Reply]

  37. our two employee is in night shift but one employee has been denied to enter our workplace because he was drunk but his partner has entered our work.. after there work we checked their time card both of them has timed-in and timed-out knowing that only one of them has entered the workplace can what can we terminate them both? on what grounds? thanks

    [Reply]

  38. thisreporter Comment:
    January 9th, 2013 at 03:02 pm

    Hi! I went on AWOL for 2 days. I tried to file an LOA a week before, was denied, and pleaded to be allowed to have a leave again a day before I went AWOL. Superiors did not reply.

    When I went back, they issued a memo saying that my violations are:
    “Insubordination, failure to follow office procedure, and disruption of company operations.”

    I previously had a warning of having an extended break.

    I am currently being evaluated for regularization but when I answered the memo, my immediate supervisor said I should be preparing my resignation letter, and that I have high chances of getting sacked.

    What should I do?

    [Reply]

  39. Hi. This is a common situation for call center agents. Agents are trying to resign but the team manager and the shift manager wont allow us for the reason that we belong to the top 10% of all the agents in the said shift. Resignations letters are denied and we are told to think about it. If you tell them that you want to be transferred to an internal vacancy (non voice position) they will still not allow you. Until you decide to go on AWOL and start your new job. Afterwards, we went to HR and ask about our clearance. HR saya that we are not entitled to any back pay bec we were terminated. I know that AWOL is a basis for termination but there was no return to work order issued, no hearing and no final talk. Now my question is since the company didn’t follow due process and has violated our right to resign what defense do we have if they wont sign our clearance? What will happen to our 13th month pay, tax refund and our commissions? We didn’t even have sick leave and vacation leave and regular holidays are not paid if you don’t have schedule on the said holiday. Please advise. We are planning to go to HR this week and finish our clearance. Thank you!

    [Reply]

  40. I need help, last January 18,2013 I signed a contract with a catholic school in calamba, then on January 23, I filed a resignation and gave them a letter stating that I am I have medical condition that needed to be attended. I had a talk with the directress and I explained everything to her, I told her that I am also hoping to find a better paying job that can help me with my expenses for my surgery, I said that it can either be teaching in public or if there’s no available job in public school I will try online tutoring, she said that she is disappointed but she understand. she accepted my letter but then told me that they will accept my reason but I won’t be able to teach for the whole school year in any school or they will file for the cancellation of my license. 
    I can’t understand why they are making it hard since according to the contract the effectivity of my employment is on May. I believe that resignation should have a 30-day notice but I am resigning with more than 90 days notice. 
    Can they really file a cancellation of my license?
    Can they really stop me from being employed in other schools?
    Can they file any case against me?
    I am really afraid because it took me almost 10 years to finish my education and have my license. 
    Don ‘t I have the right resign?
    Please help me please

    [Reply]

    May Reply:

    Hi Ms. Kat,

    We are somewhat in the same situation. On my case, Im not yet infroming my supposed to be new employer that I will no longer continue my employment since I will prefer to stay with my current employer. Will they take any legal action against me? Will it be considered as breach of contract?

    [Reply]

  41. I function as an HR Officer in a 35 bed hospital. On what do I base the length of suspension of an erring employee … 1 week for 1st suspension o 2 wks ba dapat or what ? is the length of suspension determined by the gravity of the offense or what ? Can you clarify on these subject please . Thank you and more power !!!

    [Reply]

  42. I am currently waiting for the result of my Canadian Residency Visa application and out of good faith, I told my boss about it. Now she wants me to provide a resignation letter so she can hire someone new. Am not sure yet if my Canadian visa will be approved, so I don’t want to give it to her. What do I tell her? I can’t resign because that will leave me jobless should my application get denied. What do I do?

    [Reply]

    footballer Reply:

    Tell her you will file the proper resignation if your plans of going to Canada pushes through (i.e. visa gets approved). As provided in the article, there are only a few grounds the company can use to terminate you. However, resignation is always an option for them so employers usually force or trick employees into giving resignations.

    [Reply]

  43. hi, last March 3,the wife of my employer talked to me.She said that she want me to stop working to them. i asked her why? she said shes not comfortable when i am in duty and her husband is there.she said they are always arguing about me.she also said that she is weak but, her husband is more weak.in other term shes jealous of me thats why she fired me and she said she will not say it to the boss.she will going to tell that i resigned.what should i do in this matter.hope for your reply.thank you

    [Reply]

    footballer Reply:

    @joan If you resign, you will not be entitled to any separation pay. BUT If they terminate you without just cause, then you are entitled to separation pay. If they terminate you anyway without giving separation pay, then you can file a complaint for illegal dismissal in the NLRC and ask for separation pay. That is if you no longer want to stay. If you want to stay in the company, then ask NLRC for reinstatement to your previous position.

    It is up to you if you want to stay in the company despite the harrassment which will surely continue. Baka worth it if the company is a good company and you will have good career path in the future. If not, why bother. But don’t leave without your separation pay.

    The problem is the wife might make life so miserable for you such that you will be the one to give up and resign.

    [Reply]

  44. hi good day, last March 3,the wife of my employer talked to me.She said that she want me to stop working to them. i asked her why? she said shes not comfortable when i am in duty and her husband is there.she said they are always arguing about me.she also said that she is weak but, her husband is more weak.in other term shes jealous of me thats why she fired me and she said she will not say it to the boss.she will going to tell that i resigned.what should i do in this matter.hope for your reply.thank you

    [Reply]

  45. Anonymous Comment:
    April 1st, 2013 at 04:52 pm

    My colleague is a casual employee for more than a year in a hotel as a concierge,valet parker and airport representative. Is it legal or illegal that the company dismissed him without prior notice? When he asked the management for the reasons of his dismissal, they won’t be able to give any specific reason. What is the process of employee’s dismissal? Is there any due process prior to dismissal.
    Lastly, he became an airport representative for more than 3 mos even when he is just a casual employee. Accdg to DOT, all airport represenative shall be a regular employee.
    Hope you could revert to me the soonest.

    [Reply]

  46. Hi! I just need help for my report in my Legal Aspect subject in my MAED course. I was asked to report Case #20. Please help me.. It goes like this….
    A private college hired on tenure an architect with the concurrent appointment as assistant professor. The president asked him to draw the architectural plan of the new building of the college. He did, later, he noticed that the president stood pat. The architect reported the matter to the city engineer. The permit to construct was revoked. The president was angered and dismissed the architect for disloyalty.
    the architect filed a complaint before the regional office of the NLRC.
    -Was the dismissal of the architect-professor for disloyalty valid?
    -Cite the substance of relevant/policies/principles of management which forms the basis of your decision.
    ——Please help me…..asap!

    [Reply]

  47. just curious if my non renewal of part time contract was unjust.. i was informed that my contract from a private employer will not be renewed because of attendance issues.. i was not issued a single memo or verbal warning.. at the time, i just came from maternity leave and assumed that they understood why i incurred such absences.. no neglect of duty i might say since performance wise, i made a big improvement..

    [Reply]

    alex Reply:

    If I were you , you look for a company that could give you a better career and good future to your family.Our businessmen today are liars and they are building this nation a full of lies.

    [Reply]

  48. My resignation is on process. I am currently hired to another company and will start emmediately after my resignation. However, I realized the long term benefits if I will stay with my current employer. Nag offer din sila ng maganda for me and finally come up to a decision na iretract yung resignation ko. On the other hand, ang worry ko is pwede ba ako i-sue ng bago kong employer kasi nakapirma na ako ng contract pero hindi ko na itutuloy yung paglipat ko sa kanila? Hindi ko lang kasi marecall yung nasa contract nung magsign ako kasi they didnt gave me a copy. Ang natandaan ko lang yung training bond na 1 year. Please advise.

    [Reply]

  49. Hi gs2 ko lang itanong kung grounds ba for termination ang pagbubuntis ng walang asawa? Or nabuntis lang ng bf? Immorality daw kc sbi ng HR.. I need help please.. Thanks.. .

    [Reply]

    Relyn Reply:

    Immoral kung may asawa yung BF na nakabuntis at nasa isang kompanya sila…

    [Reply]

  50. hi currently i have ongoing case in dole with my previous employer who has given me 30 days suspension and after that 30 days I got a termination notice. I have filed the case after I got my suspension letter in April for constructive dismissal and illegal suspension. Until now I am contesting the ground for dismissal due to willful disobedience. In response to the memo of suspension I had explained what had happened and that I am not violating any laws, orders of my boss as it is supported by several emails with the suppliers. I just want to know if I have a chance to win on this case and that If I can have a separation pay in case I win this case. Is it equivalent to 1/2 month salary or 1 month salary? The representative of the company (HR) did not attend the first meeting, what if they do not attend on the next meeting, would my case be continued?

    [Reply]

  51. Hello po. Sir, hanggang ngayon po kasi di pa rin binibigay yung last sweldo ko sa previous school ko samantalang cleared naman po ako. Ano po kaya ang dapat kong gawin?

    [Reply]

  52. ADRIANO BALAGOT Comment:
    May 23rd, 2013 at 09:00 pm

    magandang gabi po, ibig ko po lamang malinawan kung ilang araw ang itinatakda ng batas para abisuhan ang ang isang empleyado na hindi na po irerenew ang kaniyang kontrata bilang part-time or full time na guro ng isang unibersidad na nasa ilalim ng lokal na pamahalaan. palasak po kasi ang pangyayari sa amin ngayon na magugulat nalamang po ang guro na hindi na irerenew ang kaniyang kontrata sa halos mismong araw nang pagbibigay ng teaching assignment.

    sana po ay mabigyan niyo ako ng payo tungkol dito.

    maraming salamat po

    Adriano Balagot

    [Reply]

  53. I get terminated last may 31 in my current company without prior notice or any kind of warning.my second contract is on going when i get terminated.there is no evaluation yet, my only ground is not having an attendance with our last general meeting, and they also insist some of my absences but i don’t think it’s a big deal to terminate me immediately.I always obey all rules and regulation of our company regards in absent and late.I don’t think it’s right to insist my attendance in my last contract because i am a student on that time and they give me considerations.they also insist that there is a memo, signed by the owner that who is absent in our last general meeting will be terminated. but the memo is not yet in our branch and not yet acknowledge by me and other employee..please advise me…tnx

    [Reply]

  54. Hi, I would like to consult with you if it would be grounds for termination if I refuse a transfer to another location or refuse to transfer right away from my present job location. I was asked to move to a far location (i.e. Cagayan de Oro from Manila) right away. Do I have the right to ask for some time (say 1 month) to settle my affairs in my present location first ? When I initially asked for 2 weeks, I was told it was urgent and I needed to go. When I offered to go first and take care of urgent matters there and then come back temporarily to settle my affairs here, I was told it is okay but this would be deducted from my benefits (i.e. airfare, time, etc.) What is my right under the law ?

    [Reply]

  55. is there such thing as “covered by an NCMB agreement” and “not covered by an NCMB agreement”, when in both instance, the teachers were previously issued separation letters and union members?..the one referred to as “not covered” happened not to have attended the ncmb mtg., and the one referred to as “covered” happened to have attended the ncmb mtg. the not covered is not separated while the covered was automatically given a year’s extension. this was included in the just-concluded renegotiated cba..please comment, anyone……

    [Reply]

  56. tanung ko lng kc legally maried aq and my benefits is name under my ex husband,we are not legally separated but we are not living together for almost 3 years.i have a partner now and i am employed for 3years. My question is what if get pregnant ? Am i entitle to file for a maternity leave?to get my benefits and continue my employment after giving birth? Please help me thankyou

    [Reply]

    Relyn Reply:

    yes,
    every pregnant female employees whether married or unmarried is entitled to maternity leave benefit.
    basta SSS member ka pwede ..

    [Reply]

  57. Mariecris Comment:
    July 13th, 2013 at 10:38 pm

    Hi. I’m in a call center industry. My colleague and I tried to submit a resignation letter a couple of days ago but the team manager/shift manager didn’t allow us for the reason that lots of agents are filing for immediate resignation everyday. Our resignations letters were denied and we are told to attend our shift. Until we decided to go on AWOL and started our new job. A friend of mine told me that the said team manager terminated us.. There was no Return to work order issued and no prior notice. Is the company violated our right to resign? Are we entitled for clearance, back pay, 13th month pay etc. due to not following due process? Please reply. Thank you!

    [Reply]

    alex Reply:

    The act of abandonment is considered serious misconduct and unlawful…It is a contrary to human experience for leaving your job without permission..Under labor code art.282 , you are not entitled to receive your severance pay or even your clearance.The company did not violate your rights..you need to accomplish your clearance before leaving your company.

    [Reply]

  58. Abandonment is considered just cause to warrant your employment termination.The act of leaving your obligation without asking permission is a serious misconduct or improper way of expressing your intention.No, I do not see any reason to give you a merit or We are not inclined to believe you.

    [Reply]

  59. im working in a company for 20 yrs and now they are selling the company thou they promise us to pay our termination pay is it possible for me to know the right computation for my termination pay..thanks

    [Reply]

  60. Hi Sir,

    Kung materminate/dismiss sa trabaho at may cash bond po, makukuha pa rin po ba iyon? or ang makukuha lang po yung last pay sa mga araw na pinasok mo.

    saka 1 out of 100, isa lang po may complaint sayo sufficient evidence na po ba ang tawag don?

    [Reply]

  61. one of the company bosses keeps on putting cases against me so that the company would terminate me. How do I stop her?

    [Reply]

  62. Immoral kung may asawa yung BF na nakabuntis at nasa isang kompanya sila…

    [Reply]

  63. Hi ask ko lng po if pwede ako ma dismiss if i currently have a relationship with one of our resigned employee? Nkita kasi kmi sa mall ng mga bosses and i overheard n ipptawag ako for questioning. Tinanong n kmi before if may relasyon kmi pero bfore wala p talaga… na develop nlng after he resigned. Bka ksi kasuhan ako ng dishonesty. Possible po b yun?

    [Reply]

  64. greetings.
    i work in money related industry and it happened na yong kasama ko may anomalya and nahuli ng audit. He was suspended for 30 days and sabi nila automatic termination na daw yon. Actually alam namin na ginagawa nya yon but di kami makapagsalita para isumbong siya kasi tatlo lng kami may alam so wala siya ibang pagdudahan kundi kami lng. Unfortunately sa investigation nag deny siya and dinamay nya kami to the point na pati kami may suspension memo for 14 consecutive days. Although nag submit kami ng reply sa memo explaining our side but they don’t believe us. Do they have the right to do that? and they insisted na kasi daw may alam kami but we did not report it. Confidential kasi yun reason namin and i could not discuss it here. Just a brief explanation lng po if justifiable ba yun decision nila, is it fair? Thank you po…

    [Reply]

    Eliakim Reply:

    Hi Jannah!

    Di naman kayo terminated or dismissed right? If not, yung suspension niyo ang basis ay yung Employee Handbook or Code of Conduct/Discipline niyo tama po ba?

    Typically it is written in Employee Handbook/Code of Conduct/Discipline that employees who has knowledge of any infractions made by other employees should report it to appropriate authority (ies). Siguro may inclusion din ng penalty kung sakaling hindi nagsumbong lalo na kung it incurred or could incur substantial damage to the company. Let’s just say it’s the RESPONSIBILITY of the employee which is part of his/her job, to report any infraction.

    Discretion na ng management or discipline board or kung sino man nag-hahandle ng penalties niyo yung suspension niyo pero it should be based sa Employee Handbook/Code of Conduct/Discipline. Wala pa kong nababasang case na nag-reklamo si employee sa LA (Labor Arbiter), NLRC, etc regarding imposition of discipline of employee. Di ko alam kung pasok yan sa ULP (Unfair Labor Practices).

    Though tandaan mo(niyo) din na dahil pera ang hinahawakan niyo your position is of trust and confidence, whether managerial or not, pwedeng gawing JUST CAUSE ang willful breach of trust resulting to loss of confidence for your termination.

    Hope this helps.

    Thank you. :)

    [Reply]

  65. Hi is it my rights not to sign a final written warning that was given to me since the accusation doesn’t have any basis? Our country director accused me under art.282 of labor code of Philippines (Fraud or willful breach of trust / Loss of confidence.) HR Informed me that this accusation may lead to termination but for consideration they will only give me a final written warning. I refused to signed to the final written warning because there accusation doesn’t have any basis. We dont even have a company handbook, no documents informing us about the changes of rules and i did not sign anything informing me about the new rules of the company, in fact not only me but all of us. just want to know if it will taken against me since i refuse to sign the final written warning.?

    [Reply]

  66. Hi is it my rights not to sign a final written warning that was given to me since the accusation doesn’t have any basis? Our country director accused me under art.282 of labor code of Philippines (Fraud or willful breach of trust / Loss of confidence.) HR Informed me that this accusation may lead to termination but for consideration they will only give me a final written warning. I refused to signed to the final written warning because there accusation doesn’t have any basis. We dont even have a company handbook, no documents informing us about the changes of rules and i did not sign anything informing me about the new rules of the company, in fact not only me but all of us. just want to know if it will taken against me since i refuse to sign the final written warning.?

    [Reply]

  67. Hi, tanong ko lang, legal ba sa Philippine Law ang magterminate ng empleyado who have been a regular employee for almost 4 years? And the reason to terminate is because maghahire ng panibagong empleyado? I need your reply soonest. Thank you!

    [Reply]

    bluegrifter HR Manager Reply:

    No. Just cause or authorized cause must be established to make termination valid.

    [Reply]

  68. Does “serious misconduct” relate to any precise definition as defined by the Law, or can it also be related to internal rules set in the employee handbook?

    [Reply]

    bluegrifter HR Manager Reply:

    if serious misconduct is part of the Employee’s Handbook, it must still follow the 3 requisites:
    (1) it must be serious;
    (2) must relate to the performance of the employee’s duties
    (3) must show that the employee has become unfit to continue working for the employer.

    [Reply]

  69. Hi, I would like to ask an opinion regarding my scenario. I work as a assistant team leader for A CALL CENTER. Our shift is 10 hours duty.. After 10 hours of duty my assistant manager informed me that I need to stay because we have an emergency meeting. I wait for almost 3 hours. After 3 hours the meeting will start, as per advice by my assistant manager I’ll be the one to stay on the production area to assist agents. Is this legal that after your shift you are mandatory to work, WITHOUT PAY?

    [Reply]

  70. Cool HR Officer Comment:
    November 28th, 2013 at 03:23 pm

    Hi Can you help me, cause i need clear answer, the situation is We hired one employee then she did not declare that she is pregnant of 6 months due she is chubby and she pass her medical examination, after 3 months she stay in our company we found out that her due date of her pregnancy. Her position is Sales Executive and she reach her quota, but then we gave her a termination letter due of not declaring her condition. May question is; Is she still entitle for her commission? please help me …. I need your response together in what article in labor law that i can read this.

    Thanks,

    [Reply]

  71. Joseph Ramirez Comment:
    January 5th, 2014 at 08:51 pm

    If I work for 14.5hours, that’s from 7am-9:30pm, can they call it as Abandonment of post?

    [Reply]

    Atty Reply:

    Complete your facts. Who can give you a proper answer with only one sentence as a background?

    [Reply]

  72. hi, paano po pag naterminate kap0 sa abroad like in qatar po ako galing the reason why i am late in the meeting place because i do not know place and saying sorry to them, then they terminate me final termination, and now i am applying in hongkong, do you think i can applied the others country?
    i hope you can advice me,

    Respecfully: cressa

    [Reply]

  73. Hi,

    Isa akong Supervisor/TL(Team Leader) sa isang call center from July 2013-December 2013. Naging QAS (Quality Assurance Specialist) ako before na promote as a supervisor. Ang tanong ko is, ang team na under sa supervision ko ay hindi naka pasa sa isang metric na gusto ng companya e deliver ng agents ko. dahil sa ganoOng pangyayari, meron leadership training na inihanda ang companya para sa aming lahat na supervisor na hindi pumasa for 1 month 3x a week and 5hrs or more ang training (within shift) para daw ma implement namin ang na tutunan para gumanda ang score ng team. Kaso, sa 6 weeks na binigay nilang palugit. hindi na pasa ng team ko ang 3 weeks out of 6 and sinuspindi ako ng companya for 29 days and after nun tenerminate ako ng companya. Pwede lang po ba yun? hindi nmn ako ang direct person na gumagawa ng scores at nag susupervise lang ako. Subject for termination ba talaga un?

    Sana ma tulongan nyo ako sa tanong ko. Maraming salamat!

    [Reply]

  74. Hello, im now 59 yrs old and will be turning 60 by april of this year. My supervisor informed me last wednesday that they already hired sales people and sabi they will be reporting by last week of january and ist week of february. Tapos he said i will have to go na daw for the reason my production is not good. being an officer of a bank we do received memo that once we get a threshold rating for two(2) consecutive years then the mngt will inform the officer to improve or else will be force to get out. Though my 2013 end figures shown an increase compare to year 2012 however it was below the target set by the mngt tome.
    I even asked him that if possible that I will wait na lang till end of April, pero ayaw nya coz coming na rae ang mga papalit sa akin. And another option daw is for to be asdigned in zamboanga. Is this fair?

    Please advise me on what to do. Can i file as case against my employer?

    [Reply]

  75. i am a call center agent for almost 5 years and at the same time a student. Ever since, my previous managers would allow me to file a leave/ leave without pay every time I need to do important matters about school. Recently,our company changed the managers and they no longer allow me to file a leave or leave without pay if I had to do special things for school, I don’t have choice but to absent and use my attendance points. Last february 1, I decided to submit a resignation letter since its my final year in college and I will be very busy but the managers didn’t sign my resignation until now.Today, I just found out that the managers wanted to terminate me due to my attendance issue.As a working student,Do i have right not to be terminated / just to be given an immediate resignation instead?.Please ADVISE me..thank you

    [Reply]

    Atty Reply:

    As a working student, you DO NOT HAVE A RIGHT NOT TO BE TERMINATED. Employers have a right to terminate their employees for as long as there is a just or authorized cause as enumerated in the Labor Code. It is totally within the employer’s prerogative to regulate the application for leaves as well as the monitoring of attendance of employees.

    From what you mentioned, you really want to leave the company but you don’t want your records to reflect that your were terminated, instead, you want the company to give due course to your resignation. Is there a particular reason why the company would like to terminate you instead?

    [Reply]

  76. Hi natanggal po ako sa trbaho because of tampering my attendance
    Ask ko lng if my makukuha ba akong back pay.need
    An answer po.thank u

    [Reply]

    admin Reply:

    If your referring to your earned salary, yes you are entitled to it.

    [Reply]

  77. Hello sir, may I ask how may (defense) the employee be not liable for illegal termination in this case:
    During their probationary employment, eight employees were berated and insulted by their supervisor. In protest, they walked out. Later, the personal manager sent them written notices requiring them to explain in writing within five days why they should not be terminated from their employment for abandonment and failure to qualify for the positions applied. Eventually, the employees were not regularized by the company. Employees filed a case of illegal dismissal. Was the termination valid?

    [Reply]

  78. Hi!

    We have an employee who abandoned his work without notice. After a month, he is asking for his back pay. Is he still entitled to it after the damages he has caused the company because of AWOL ?

    Thank you.

    [Reply]

    admin Reply:

    If he’s referring to “backpay” as his “earned salary”, he’s entitled to it. The employer cannot readily deduct “damages” to employees earned salary. Damages (the monetary value of the injury caused) is to be fixed by the court in a proper proceeding.

    [Reply]

  79. Hi. I worked in a call center industry for 2 years now. What happened is that a report was released of employees who illegally transfer customers to different departments which cause to accuse an employee of refusal to assist a customer. It is in our code of conduct under not following SOP. Unfortunately, for some unknown reason, my name is included in the report but no data available. Just list of names accused. I was issued an Incident Violation Report (memo) under not following SOP – non-terminable violation. I wrote down my explanation stating that i didnt do it. Maybe system glitch or something but i didnt do it. After 2 months, my name is once again included in the report (without data, of course) and was issued another memo for the same incident. This time, i didnt write any explaination and demanded the actual data to prove their allegation. They put me off the phone (floatig status) i go to working without actually doing anything but ofcourse proper pay was there so i dont mind. Then after a week, i was informed that i am terminated from work. Withou proper due process, any hearing or notification, they suddenly dismiss me from work. It is a wrongful dismissal right? I plan to ask help from an attorney to file a claim for it. But i want to know, is it worth my time? Becaus i plan to file for damages as well.

    [Reply]

    Miguel Reply:

    Hi! Toni, your employer just made a wrong move in doing so. I am no law person but I am currently battling my employer who is terminating me for (unintentionally) rude to my customer. We work on the same industry but I just wanted to let you know that you have a very good chance of getting a cause and slap the person who terminated you with labor codes. As for me, my case is much worse although I know a good lawyer who can help me but it’s better to have some knowledge about the laws. Specially if you are dealing with an Indian boss, they are so narrow minded. If I were you, I will go for it, not for the compensation but for getting the job back.

    [Reply]

  80. agape_mou12 Comment:
    April 7th, 2014 at 08:28 pm

    Hi,
    I used to work in 1 of the call centers in Eastwood and my position there was Lead Associate but i am already managing a team which is no difference from the responsibilities of an Asst Manager for Operations. Last March, i filed my resignation because i have been on the same position and pay grade for 1 year and 8 months and no promotion is happening. (By the way, i started managing a team when i was still an agent) i have filed it March 17 to April 15 but i informed my direct supervisor that i will be on terminal leave frm March 24th. i have leave credits available and completed all my tasked before i left. When i informed my supervisor that i will need to shorten my notice to 15 days only which is until March 31, he told me that our Group Manager sent me a Return to Work Oder (RTWO) because i failed to report to work and complete my 30days notice period.
    I talked to our HRBP about it and he even said that he knows that i am on terminal leave but had to send the RTWO since it was my Group Manager who requested for it.
    I had a previous colleague who resigned last Dec and my Group Manager allowed him to do terminal leave.

    My questions are:
    1. Can they send me a RTWO when my resignation was filed and approved?
    2. Can they not allow me to do a terminal leave even if I have leave credits and no pending task was left?
    3. My supervisor told me that my termination will be released on the 10th of April. Can they terminate me?

    [Reply]

  81. Hello.
    i worked in an online tutorial owned by koreans. Our korean manager terminated me without verbal or written letter stating the ground of my termination. Are they not supposed to observe the procedural due process of law? When I got to the office this morning my account was removed. They didnt even bother to inform me. Now, I am seeking legal counsel. Please help.

    [Reply]

    admin Reply:

    There may have been violation of your right to twin-notice and hearing, which every employer is required to observe prior to termination of employment. It is best to discuss this matter with your lawyer. He/she can advise you what best action to take.

    [Reply]

    pie bueno Reply:

    is it legal to not give the salaries and commissions of an employee working for a private gym just because she malversed a certain amount? Her salary for april 30 was already withheld and was told that it will be part of her payment for the money which was gotten/malversed.

    [Reply]

  82. Hello Sir,
    I have this Problem with my contract also. That is so fishy the time i read it and stupid for me to sign it. here is my problem Miss/Mr Attorny
    I signed a training contract (BOlded) on a call center outsourcing comp.with a P.304 salary per day. the contract estates states that as follows:
    1. your performance will be reviewed on a monthly basis. However, your status as a Trainee is good for 6 months. Your contract can be renewed depending on the performance evaluation set by the company.
    2. You will be in a bond of 1 year to the company and for any reason of non-complacence or employee leaving the service for what reasons what so ever you shall pay a equvalent of P30,000 by way of agreed liquidated damages and agrees to pay the same without any proof of actual damages suffers by the Company.
    ——which i think is insane for my salary of P304 per day in 6 days a week and in grave yard shift.
    i read the other form regarding employment bond and i think that i am no longer liable for the one year bond because the contract i signed is only for 6 mons and clearly the bond over laps a expired contract right. natpos ko namn ang 6 mos sa kanila and i said na hindi na ko mag rerenew ng contrat for permanet. pero sabi nila automatic na daw un.
    is it a case of UNJUST ENRICHMENT?
    i already talk with all my workmate unanimous poh ang opinyon sa company.
    i just what to know your opinion and advise.
    i just what a detailed explanation so i can debaite with my enployer

    [Reply]

  83. pie bueno Comment:
    May 16th, 2014 at 01:43 pm

    is it legal to not give the salaries and commissions of an employee working for a private gym just because she malversed a certain amount? Her salary for april 30 was already withheld and was told that it will be part of her payment for the money which was gotten/malversed. The commission she should have was from work done last april so she should be given that. But we heard from her co-worker that her commission was given to her other co-worker. isnt this unfair coz she already worked for that?

    [Reply]

  84. posting in behalf of my partner
    he was terminated and tagged as AWOL by his manager by being absent for 1 day because of diarrhea and fever. and by the way he used to work in a restaurant.
    a. we have contacted his manager 1 hour before his shift to tell her that he will not be able to go to work because of diarrhea and fever, we also have a medical certificate stating that he needs to rest for the day.
    b. even though we have already told the manager that he was sick, they still insist him to go to work. they even called several times that day.
    c. he was told that he will be tagged as AWOL and be will be terminated if did not go to work today. was also advised to coordinate with their agency because he will not get his salary
    d. He was not able to get his salary for that cut off since it was a few days away from his pay day. lets say his cut off is every 5th and 20th of the month and he was just absent on the 16th.
    c. he just started at work. about 2 months and this was the only instance that he did not go to work because he was sick.

    We really don’t know what we should do for this. we really feel that it is not fair since there are a lot of his co workers who has been absent and did not even have a medical certificate but did not got terminated.
    I also heard from my partner that even though some of his co workers have fever, the manager still lets them go to work and handle food.

    personally speaking, if I am their customer I wouldn’t eat in their restaurant knowing that their cook or server is sick because I might also get sick.

    [Reply]

  85. karlagabrielgudmaling Comment:
    June 15th, 2014 at 02:42 pm

    Hi. I posted bad things about someone but shes not a co worker. She told me shell forward the papers to my workplace for termination. Is that a ground for me to be terminated?

    [Reply]

  86. is this legal? 3 tardiness = 1 day of absence ( meaning: non payment of wage for a day

    [Reply]

    issa Reply:

    kelly, that is not legal. tardiness must be deducted to your salary on the day you are tardy.

    [Reply]

  87. My husband and I are not married and we have a child. He’s a government employee. I found out that his cheating on me because he doesn’t want to show his phone , he always hide it when he sleeps. He also often go home late and sometimes hindi na rin umuuwi pag umaalis sya ng sunday. It is really possible for me to file a case against him for hurting our child (his family knows that) in order for him to get terminated in his job lalo na that his a government employee?

    [Reply]

  88. hi,
    i have been working in an online english company for 4 years. i can say that i’m a good employee, no tardiness and absences. recently, the manager informed me that i am a low performer. korea does not want to give me classes because they don’t trust me anymore. this result to a low percentage when it comes to classes. they give datas for the last 3 months only as an evidence that i am a low performer based on the number of classes. korea wants me fired. i just wanna know, is it a ground for termination? which probable cause does it fall?

    thank you so much

    [Reply]

  89. hi

    [Reply]

  90. mark arguilla Comment:
    July 14th, 2014 at 05:31 pm

    Hi,

    Im working in this company for three years now, and last May, 2014, I decided to go for an interview in a competitive agency, im a trainer and they transfer me to other department whichnwas not my forte though i know im up into it and i can execute the task given.out Right there and then when they found out, they want me to dismissed, but i told my hr manager that they cant dismissed me me because i do not sign any contract from that competitive agency. I told them that is illegal dismissal and i can file lawsuit.
    my question is if i can pursue my application to that company even my 6mos is not yet lapse?

    [Reply]

  91. Hi! I’m a private employee, I meet an accident while on duty, i was advised for surgery as my femur is fractured.I would like to know what support should i enjoy from the company? are they obliged to pay my hospitalizations? thanks,

    [Reply]

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