Procedural Due Process.

For termination of employment based on just causes, procedural due process requires that the employee be given the benefit of the so-called twin-notice and hearing, as follows:

  1. First notice: Notice to Explain (NTE) or order to show cause. A written notice served on the employee specifying the ground or grounds for termination, and giving to said employee reasonable opportunity within which to explain his side.
  2. Hearing or formal investigation. A hearing or conference during which the employee concerned, with the assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his evidence or rebut the evidence presented against him.
  3. Second notice: Notice of decision. A written notice of termination served on the employee indicating that upon due consideration of all the circumstances, grounds have been established to justify his termination. (See Art. 277[b] and Sec 2, Rule I, Book VI, IRR)

Service of Notices.

In case of termination, the employee must be personally served with notices (notice to show cause and notice of termination). Ideally, this should be done by personally handing a copy of the notice to the employee concerned. However, if this is not possible, the notices may be served on the employee’s last known address either by ordinary or registered mail (from legal viewpoint, registered mail is preferred).

The mere posting of the notice on the bulletin board is not sufficient compliance. (Shoppers Gain Supermart, 1996)

If the employee refused to receive notice, the employer must serve the same by registered mail at his last known address. (See Nueva Ecija Electric Coop case, 2005)

Opportunity to Respond.

The very purpose of requiring the employer to observe proper termination process is to give the employee ample opportunity to respond to the charges against him or to defend himself. What the law require is ample opportunity.

Ample opportunity means every kind of assistance that management must accord the employee to enable him to prepare adequately for his defense including legal representation.

Requirements for First Notice (NTE).

The first notice informing the employee of the charges against him should set out clearly what he is being held liable for. It should neither be pro-forma nor vague. This is consistent with the requirement that the employee should be afforded ample opportunity to be heard and not mere opportunity.

Moreover, the dismissal, if necessary, must be based on the same grounds cited in the NTE. If the dismissal is based on grounds other than those specified in the notice, he is deemed to have been deprived of due process. (Glaxo Wellcome vs. NEW-DFA, 2005.)

Effect of Refusal of Employee to Participate in Investigation.

By the refusal of employee to participate in the investigation, he is deemed to have waived his right to defend himself. (Leonardo vs. NLRC, 2000.)

Effects or Consequences of Termination.

  1. If dismissal is for just cause and with prior notice and hearing, the dismissal is valid.
  2. If the dismissal is for just cause but without prior notice and hearing, the dismissal is valid but the employer may be required to pay nominal damages to the dismissed employee.
  3. If there is no just cause for dismissal, whether or not there is prior notice and hearing, the dismissal is illegal. The employee is entitled to reinstatement, backwages and damages.

Cases

  1. The employee refused to participate in the investigation being conducted by the personnel management. The Court ruled that by refusing to participate, he cannot claim that he was denied due process. (Leonardo vs. NLRC, 2000.)
  2. The employment contract contains stipulation that the employment may be terminated by either party after “one month notice” or “one month salary in lieu of notice.” The stipulation was held to be illegal. The requirement of prior notice and opportunity to be heard cannot be substituted by mere payment of salary. (PNB vs. Cabansag, 2005.)

Last Edited: Sunday, March 20, 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.
backwages, dishonesty, disobedience, gross negligence, just causes, loss of confidence, neglect of duty, separation pay, serious misconduct, Termination of Employment
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301 comments

  1. Paano kung ang Termination dahilan sa Late ka palagi pumasok. And wala naman Overtime Pay saiyo?

    Gusto kasi ako papasukin ng Employer ko to Work from 7am until 6pm and sometimes 7am until 10pm pag nag overtime mga tao reasonable ba iyan na Fix Rate Php5,250 per kinsenas.

    My Position here is Computer Technician on I.T. Department.

    [Reply]

    Ted Ferrolino Reply:

    The employer is required to pay the employee overtime pay for work rendered beyond 8 hours in a day. If you were not paid overtime pay, you can file a money claim against your employer for payment of unpaid overtime pay.
    With respect to your termination, tardiness could be a valid ground for termination provided it is habitual (done repeatedly). If you feel that termination is not a commensurate penalty, you can file an action for illegal dismissal.
    (N.B. The following discussion is for academic purposes only, and does not create attorney-client relationship. You should consult your lawyer for competent advice.)

    [Reply]

    Elisa Reply:

    I just want to ask something in regards to terminating regular employee because they are failed on the assessment and evaluation conducted by the company? And they should be notified for 30 days prior to their termination?

    [Reply]

    Ted Ferrolino Reply:

    Regular employees may be terminated only for just causes or authorized causes.
    For termination based on just cause, the employee is entitled to twin-notice and hearing. That is, to a notice to explain requiring the employee to explain why he/she should not be terminated for cause; to a confrontation or hearing; and to a final notice informing the employee of his/her termination and the ground relied upon for the decision to terminate him/her.

    rachell Reply:

    hi. i have 2 concerns about my employer. 1. i signed a contract before my training but i was asked to sign a new contract after i received my 1st salary with a lower package. can i file a case about that? 2. during training, i got sick. my ears swelled. when i report for work, the comp nurse did not allow me to report not unless i have a fit to work from the doctor. my trainer was aware of that since she was there when the nurse talked to me. when i get back, the comp did not accept me anymore, i was tagged no call no show for those days i was absent. on that same day, they said they will make an investigation, but they did not even called the doctors that checked me. is that possible to terminate my contract for such reason?

    [Reply]

    Arjie Cabling Reply:

    Hi po, ask ko po kung may naviolate ang company ko po. maraming beses na po kasi akong nbibigyan ng disciplinary action for gross negligence ngayon po nahuli pa ako mismo ng boss ko habang nagttext sa working area ko. Sa galit po niya hindi na niya ako ina-allow mgtrabaho pinag-stay nia lang po ako sa pantry area ng company buong maghapon pero binabayaran naman po nila ako. may illegal po bang ginawa ang company ko?

    Jane ensomo Reply:

    Just want to know If the employee is still be entitled to claim her sick leave for and vacation leave conversion even iif she’s terminated from her work and had a pending court hearing thank you

    [Reply]

  2. I was hired last November 16, 2010 and my boss wants to terminate me today May 14, 2010. I don’t have any contract with my employer. My payslip stated that I’m a probationary employee. Today, my boss sent me an-email regarding my termination and I didn’t acknowledge it. I did not receive any performance evaluation and committed any violation of company code of conduct within past 6 months. I didn’t sign also any Key Results Area or Key Performance Indicator of my duties.
    For your advise. Thanks

    [Reply]

    Ted Ferrolino Reply:

    Probationary contract is essential for a valid probationary employment. The contract must clearly specify the duration of probationary period and the reasonable standards which shall be made the basis in the determination of whether the employee qualifies for regularization. Moreover, the law requires that the contract must be signed and the start of employee’s engagement. Without a valid probationary contract (fully complying with aforementioned requirements), the employee shall be deemed regular employee.

    [Reply]

    Francisco Alegato Reply:

    HI,

    Isa po akong call center agent, I am working in a graveyard shift. I was absent on July 1, 2014 due to fever and upper respiratory tract infection(Sorethroat) based on the findings of my physician. I went to work on the following day/shift which is Wednesday(July 2, 2014). But due to severity of my illness on Thursday (July 3,2014) and Friday( July 4, 2014)went on absent again because I was advised of my doctor to rest for 2 days when I made a follow-up consultation on July 2, 2014, Thursday.I have a medical record with me from the doctor. But, my immediate supervisor is aware/informed about my condition/illness because I did communicate to her. However, my supervisor issue me a Dismissal Letter forcing me to sign it. but I refused to sign the said letter. Please do advise me of what are the steps to be taken to resolved this.

    Thanks, hoping for you immediate response.

    [Reply]

  3. Pwede po bang humingi nang certificate of employment kahit na terminated sa isang kompanya?

    [Reply]

    Ted Ferrolino Reply:

    Karamihan ng mga employer ay nagbibigay ng certificate of employment kahit pa sa mga terminated employees.
    Note: Sa ngayon, wala pang batas na nag re-require sa employer na mag-issue ng certificate of employment. Sa pagkakaalam ko, me nakapending na batas sa kongreso ukol dito mula pa nung 2007, pero hindi pa ito naipapasa.

    Edited: 5 Dec 2010

    [Reply]

    Wowie FLORES Reply:

    OMNIBUS RULES
    IMPLEMENTING THE LABOR CODE

    BOOK FIVE
    Labor Relations

    RULE XIV
    Termination of Employment

    “SECTION 10. Certification of employment. — A dismissed worker shall be entitled to receive, on request, a certificate from the employer specifying the dates of his engagement and termination of his employment and the type or types of work on which he is employed.”

    Isn’t this the Law? Isn’t SB No. 1061 sponsored by Sen. Pia Cayetano supposed to improve the above by providing a five (5) day period to release requested COE and imposing a PHP 20,000 fine on the company who refuses to issue a COE?

    Please enlighten me and the rest of your readers.

    Thanks.

    [Reply]

    Ted Ferrolino Reply:

    Hi wowie Flores,
    Thanks for bringing this up.

    Right now, there is yet no law requiring the issuance of certification of employment. And although it is found in the Omnibus Rules, it is not in the Labor Code itself. In a way, therefore, it can be said that the rules expanded the Labor Code when it incorporated the provision regarding issuance of certification of employment. SB No. 1061, if passed into law, would cure this defect.

    It is interesting to note that Book Five (Labor Relations) of the Omnibus Rules has already been amended by Department Order (DO) No. 40-03, and further amended by DO 40-A-03, DO 40-B-03 and DO 40-C-05. The provision you cited (along with several other equally important provisions) is no longer reproduced in the present version after the said amendments.

    The present Book Six (Termination of Employment) where the provision may be more appropriately incorporated is also silent on this.

    bam Reply:

    LABOR ADVISORY ON RULES GOVERNING BOOK VI OF THE LABOR CODE
    TO : All Concerned
    SUBJECT : Effect of Department Order No. 40-03 on the Rules Implementing Book VI of the Labor Code
    On 17 February 2003, this Office issued Department Order No. 40-03, the amendatory rules pertaining to Book V of the Labor Code. After announcement of its adoption in newspapers of general circulation, D.O. 40-03 took effect on 16 March 2003. cETCID
    Article II, DO 40-03 states that “(a)ll other rules, regulations, issuances, circulars and administrative orders inconsistent herewith are hereby superseded.” Hence, D.O. 40-03 superseded Department Order No. 9, series of 1997, insofar as the latter issuance amended the rules implementing Book V (Labor Relations) of the Labor Code.
    It must be emphasized, however, that D.O. 40-03 did not supersede D.O. 9 insofar as it covered the rules implementing Book VI (Termination of Employment) of the Labor Code. Hence, Rule XXIII of D.O. 9 on Termination of Employment continues to have legal force and effect.
    Rule XXIII of D.O. 9 reads as follows:
    “Section 1. Security of tenure. — (a) In cases of regular employment, the employer shall not terminate the services of an employee except for just or authorized causes as provided by law, and subject to the requirements of due process.
    “(b) the foregoing shall also apply in cases of probationary employment, provided, however, that in such cases, termination of employment; due to failure of the employee to qualify in accordance with the standard of employer made known to the former at the time of engagement may also be a ground for termination of employment.
    “(c) In case of project employment or employment covered by legitimate contracting or subcontracting arrangements, no employee shall be dismissed prior to the completion of the project or phase thereof for which the employee was engaged, or prior to the expiration of the contract between the principal and contractor unless the dismissal is for just or authorized cause subject to the requirements of due process or prior notice, or is brought about by the completion of the phase of the project or contract for which the employee was engaged.
    “Section 2. Standards of due process; requirements of notice. — In all cases of termination of employment, the following standards of due process shall be substantially observed:
    “I. For termination of employment based on just causes as defined in Article 282 of the Code:
    (a) A written notice served on the employee specifying the ground or grounds for termination, and giving to said employee reasonable opportunity within which to explain his side; SACHcD
    (b) A hearing or conference during which the employee concerned, with the assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his evidence or rebut the evidence presented against him; and
    (c) A written notice of termination served on the employee indicating that upon due consideration of all circumstances, grounds have been established to justify his termination.
    “In case of termination, the foregoing notices shall be served on the employee’s last known address.
    “II. For termination of employment based on authorized causes defined in Article 283 of the Code, the requirements of due process shall be deemed complied with upon service of a written notice to the employee and the appropriate Regional Office of the Department at least thirty days before the effectivity of the termination, specifying the ground or grounds for termination.
    “III. If the termination is brought about by the completion of the contract or phase thereof, no prior notice is required. If the termination is brought about by the failure of an employee to meet the standards of the employer in case of probationary employment, it shall be sufficient that a written notice is served the employee within a reasonable time from the effective date of termination. ISCHET
    “Section 3. Right to contest dismissal. — Any decision taken by the employer shall be without prejudice to the right of the worker to contest the validity or legality of his dismissal by filing a complaint with the Regional Branch of Commission.
    “Section 4. Period to decide. — Cases involving the dismissal of a worker shall be decided by the Labor Arbiter within twenty (20) working days from the date of submission of such cases for decision.
    “Section 5. Reinstatement pending hearing. — The Secretary may suspend the effects of the termination pending resolution of the case in the event of a prima facie finding that the termination may cause a serious labor dispute or is in implementation of a mass lay-off.
    “Section 6. Certification of employment. — A dismissed worker shall be entitled to receive, on request, a certificate from the employer specifying the dates of his engagement and termination of his employment and the type or types of work on which he is employed.
    “Section 7. Report of dismissal. — The employer shall submit a monthly report to the Regional Office having jurisdiction over the place of work all dismissals effected by it during the month, specifying therein the names of the dismissed workers, the reasons for their dismissal, the dates of commencement and termination of employment, the positions last held by them and such other information as may be required by the Department for policy guidance and statistical purposes.
    “Section 8. Preventive suspension. — The employer may place the worker concerned under preventive suspension if his continued employment poses a serious and imminent threat to the life or property of the employer or of his co-workers.
    “Section 9. Period of suspension. — No preventive suspension shall last longer than thirty (30) days. The employer shall thereafter reinstate the worker in his former or in a substantially equivalent position or the employer may extend the period of suspension provided that during the period of extension, he pays the wages and other benefits due to the worker. In such case, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decides, after completion of the hearing, to dismiss the worker.”
    Please be guided accordingly. HIESTA
    Manila, Philippines. May 20, 2003.
    (SGD.) PATRICIA A. STO. TOMAS
    Secretary

  4. I would like to ask if a regular employee who was terminated for just cause is still entitled to a sort of “last pay” from the company? Meaning to say inclusive of all the accrued guaranteed pay like fixed bonuses, monetary conversion of unused leave credits, etc. apart from just the last remaining salary. Btw, in this case, abovementioned company benefits are being covered as part of the company’s remuneration program for its regular employees. How about separation pay? Is it demandable too in this case? Also, with reference to this case, will it be possible that the terminated employee be issued an employment certificate? Need your advice, thanks in advance!

    [Reply]

    Ted Ferrolino Reply:

    (1) Terminated employee is nonetheless entitled to his last pay and all other monetary benefits already earned by him prior to his termination.
    (2) Employee terminated based on just cause is not by law entitled to separation pay. Still, there is nothing wrong with giving deserving employee a sort of financial assistance, especially when the violation is not amounting to serious misconduct or one reflecting on his moral character. Employee who has served the company over a long period of time, and with generally good tract record, is a good candidate for financial assistance.
    (3) On employment certificate, there is no law requiring it. Although I heard that there is a pending bill in congress to require employer to give employment certificate, it is not yet passed into law as of this writing.

    [Reply]

  5. Ralph Nadela Comment:
    June 11th, 2010 at 01:13 pm

    Gud pm, i worked at Dagupan City and my employer gave me 30 days preventive suspension. Later they send me an email letter to report at our head office at Manila to explain my side about the case and told me that if I fail to go there it means that I have surrendered my rights. Do I really have to comply? Dpo ba dapat sa Dagupan din and investigation?

    [Reply]

    Ted Ferrolino Reply:

    Ideally, the investigation should also be in Dagupan where you are employed. This is more in line with due process. At any rate, don’t just ignore the order.
    If going to Manila is too inconvenient for you, it’s better to inform your employer in writing , and state your reasons.

    [Reply]

  6. In a valid dismissal without prior notices & hearings, what constitutes a nominal damage that may be charged to an employer? Lets say an employee with minimum wage earning..
    Thanks for the most informative labor site I had come across!! More power to you guys!

    [Reply]

    Ted Ferrolino Reply:

    In recent cases decided by the Supreme Court, nominal damages for lack of compliance with procedural due process is normally fixed at thirty thousand pesos (Agabon doctrine). However, while this is the prevailing doctrine at the moment, there is no guarantee that this amount will not be increase (or decrease) in future rulings. This doctrine may even be completely abandoned. In previous rulings, not long ago, dismissal without notice and hearing was tantamount to illegal dismissal, and the employee affected was accordingly awarded backwages and separation pay (this is known as the Serrano doctrine, now superseded by Agabon doctrine).
    It’s always a good policy to observe procedural due process in terminating employee.

    [Reply]

  7. pag po ba resigned na ang isang empleyado as minimum wage salary, required by law po ba sa lahat na bigyan ng separation pay pag nag resigned?

    [Reply]

    Ted Ferrolino Reply:

    Walang separation pay sa batas pag naresign ang empleyado. More on this topic here.

    [Reply]

  8. Good afternoon, just would like seek your advice. what if po pag yung Supervisor sinuntok ng staff niya inside the company premises, naka pag serve na po kami ng 2 show cause memos and a hearing. Valid na po ba ito for the next step which is serving a termination letter?

    Thank you so much in advance and more power.

    [Reply]

    Ted Ferrolino Reply:

    Normally, yan ang requirements: show cause memo kung saan nakadetalye and akusasyon o charges, hearing, tapos ay termination letter kung saan nakasaad ang desisyon ng management at nakadetalye ang naging basehan nito.
    Ang mahalaga, mabigyan ng pagkakataon ang empleyado na maipahayag ang side nya.

    [Reply]

  9. dinismiss ako ng co. after preventive suspension served june 8. na-serve ang dismissal july 9 pero wlang papeles na pirmihan (verbal lng). sinubukan kming contakin ng hr nung july 8 sa celfon pero hindi nsagot dahil 10:30PM na yun at tulog na. nalaman ko lng na tumatawag sila mga 11:30PM kaya tinawagan ko agad ang boss ko para malaman ang dahilan ng pagtawag ng hr. gusto kaming magreport nung gabing iyon sa opisina pero imposible na dahil gabi na. valid po ba yung dismissal sa amin at maari po ba kming magsampa ng kaso?

    [Reply]

    Ted Ferrolino Reply:

    Maaring naka-violate ang employer mo sa requirement na “twin-notice and hearing” dahil sa hindi tamang pamamaraan ang pagse-serve ng notice of termination. Ito ay matatawag na termination without due process, at maaring may liability for damages ang employer dahil dito.

    [Reply]

  10. Dumaan po s due process pero yung termination letter was given after 35 days and it was sent thru email, valid po ba yun? Tpos yun date s letter eh within the period ng 30 days n grace period. The employer is requesting th employee to sign it and send the scanned copy, allow n po ba ganitong way? The grounds was kinocompete daw ang company eventhough they already done a constructive dismissal tpos the employee does not have a NDA or NCC with the company. The other employee being accused is pregnant and is on leave due to threatened abortion, she was also suspended but was not allowede by her doctor to attend the admin hearing. She didn’t receive any termination letter. The root of this is that the employer and the pregnant woman has a little misunderstanding and the employer is keep on telling her to resign butshe didn’t , hence the employer is trying to find reason so they can terminate her. It is more than 40days after the suspension and no decision yet, what is the status of the pregnant woman? Can she file case against the employer? The other employee does he had a fight for the late notice onthe termination letter? Thanks for the immediate reply!

    [Reply]

    May Reply:

    Hi still waiting for your reply. I would like to add the development on this case. The pregnant woman was not suspended because they did not consider the employer did not recognize the reply thru email. Maybe because the reply is associated with medical certificate indicating that the pregnant woman is not fit to attend the admin mtg. Per their lawyer they cannot decide because of this, so meaning the pregnant woman is still employed with them and was on leave due to her delicate condition. The question now is per her doctor’s advise she need to continue her bedrest and can file a sickness from SSS because she don’t have any leave left, question is what if the employer don’t sign the sickness application, can the pregnant woman can file case on this? Hope to have your respond immediately. Thank u very much!

    [Reply]

    Ted Ferrolino Reply:

    Service of notices by email is not (yet) a recognized mode of service in our country. It is invalid.
    If the employee is under preventive suspension for 35 days before the termination letter was given to him/her, he/she is entitled to payment of wages for the 5-day period in excess of the 30 days maximum period of preventive suspension.

    [Reply]

    Ted Ferrolino Reply:

    To your question: “what if the employer don’t sign the sickness application, can the pregnant woman can file case on this?”
    If the employee already notified the employer of her sickness, it is the employer’s duty to notify the SSS.
    If the employer fails to do so, he must shoulder the sickness benefit the employee is supposed to get.
    The failure or refusal of employer to do so may be a violation of the Social Security Law, for which a penalty of fine and/or imprisonment may be imposed.

    [Reply]

    May Reply:

    Thank you very much for the reply.

    [Reply]

    May Reply:

    His sir, per my inquiry on the pregnan employee, only yesterday when the husband had a meeting with the company lawyer, the lawyer said that they cannot decide on the faith of the pregnant woman cause they cannot send the Show Cause Notice bec they don’t know the personal email account of the woman. They sent the Show Cause Notice to the email of the husband last May 31, 2010 thru the husband email address and was replied that the woman cannot attend the administrative meeting bec of her delicate situation, a medical certificate was attached. The employer had emailed some clients that the both was under preventive suspension. All along we taught both are suspended but per their lawyer due to the reason of serving the notice meaning the pregnant woman was suspended. What can we do with it? Any case we can file on them bec of the email they sent to the clients which is not valid? Thank u in advance!!

    [Reply]

  11. Hi Sir,

    Updates on my situation, the employer did not sign the sickness notification. Their personal secretary had signed one copy and insisting the show cause notice to receive by my husband. He did not receive it. They returned to him the sickness notification and noted that I am on AWOL and other pending charges. All along we taught that I am suspended for the whole month of June. I do have medical certificates that I am advised to have a complete bedrest. Can we file cases on them with this kind of treatment I’m getting and it’s giving me more stress and depression. They knew since May 19 that my situation is delicate. Hoping for your quick reply so we can do the necessary actions. Thanks you very much again.

    [Reply]

    Ted Ferrolino Reply:

    You can question the validity of your termination by filing a case before the National Labor Relations Commission for illegal termination. The outcome of the case will depend on the grounds relied upon for your termination, whether they are valid causes for termination.
    Pregnant women are amply protected under the Labor Code. Under Article 137(2) of the Code, it shall be unlawful for any employer to discharge a pregnant woman on account of her pregnancy, while on leave or in confinement due to her pregnancy.

    [Reply]

  12. I was terminated by my Co. without any notices, due process and conferences. They were able to convince 4 employees to do an affidavit against me in the position paper, those affidavit were all constrictive and after thoughts. I would like to ask the weight of the affidavit in the Labor case, should the Judge will put more weight on those affidavit in putting up his decision?

    [Reply]

    Ted Ferrolino Reply:

    No, affidavit is not a substitute for the requirements of twin notices and hearing. In the absence of these requirements, your employer violated your right to procedural due process prior to termination.

    [Reply]

  13. Yes, I agree with that, there is no due process. But they were making ways to convince CA that I am dismissed with just cause, so the money that they would be paying won’t be that huge from the time I have been terminated.

    [Reply]

  14. Hi Sir, i am currently in conflict with my manager regarding the recommendation i made on one of our employee. i am an HR Supervisor in a call center company. The case is about willful avoidance. on the facts presented to the employee (NTE), it stated that the employee logged in to billed hours too early to production time. This specific behavior lost 25 minutes of his billed time, with evidences found in just one of her shift. EE submitted his written explanation. during the administrative hearing it was known that this behavior demonstrated negligence with gross impact to the company, however no previous sanction were documented to tag the behavior as habitual. as such he was given a Final Warning.

    My Manager contested that this employees should be given Termination since new evidences were found indicating discrepancies on his call activities and TOTAL log in hours into Productive time. All these were not indicated on the First NTE. he suggested of presenting these evidences composing of 10 shifts of call activity through a supplementary NTE. we will have her explain prior to another administrative hearing.

    i find this as a kind of Constructive dismissal since a graver evidence was presented after EE submitted his explanation from the initial NTE.

    Please let me know how this case should be dealt. i suggested to my manager that the new evidences are not entirely neglected however a new NTE should stand for such new observed behavior.

    [Reply]

  15. hi sir,
    i just want to ask, if you are still in the period of the 30 day suspension, can you resign? will you get the befits thats due to you if you resign? or can you resign after 30 days and get your benefits? Thanks

    [Reply]

  16. I am a probationary employee for 4 months now.. what if I will be terminated, will the twin notice rule apply as a requirement for termination with just cause? If yes how much nominal damages I can claim if I was terminated with a just cause but the employer failed to observe the said procedural due process?

    [Reply]

  17. What if I was terminated due to failure to qualify as a regular employee, will the two notice rule apply?

    [Reply]

  18. What if I was terminated due to failure to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement, will the two notice rule apply?

    [Reply]

  19. I was sent to europe by my company for training for 3weeks on my second week my manager called me and told me I need to go to his office he told me I am being accused of working for other company because what they saw on my Linkedin Account. But I asked them do you have any proof that i signed any contract to other company. Then he just told me that i am suspended and strip me with my mobile and laptop for 24hours before I can explain he told me. Then i felt humiliated on the reception of the hotel because my manager talked to them that I am only entitled for hotel room only for 24hours. Is this legal. I am currently in europe and I dont have a way to communicate with my family in the philippines.

    [Reply]

  20. does this procedural due process also applies to employees who are still in probationary status?

    thank you.

    [Reply]

  21. ano po ba ang dapat ko gawin. i was hired march 1, 2010 for 2 months contractual (march1 – april 30, 2010)then another contract (may 1 – June30)the hrd told me that i did not pass the eveluation, then 2 months probationary (july 1 to August 31) then again i get a minimally satisfactory on the evaluation, they make me sign another probationary contract of 1 month (sept 1-sept 30. i’ve been working here for more than 6 months now. I’m an architect and the one evaluating my performance is not a college graduate who is the OIC of out department. I have a perfect attendance here w/o late.. and i am doing my job on time. will i be terminated due to my failed evaluation?

    Thanks

    [Reply]

  22. additional info lang po sa message ko, i received my 1st salary for march and april ay June na, then ang sumunod na salary ko ay august na, nauna pa ang july and august dahil nka ATM na pag Probi. check naman pag contractual, august na rin ng matanggap ko ang salary ko for May and June. mabagal lang daw ang process dito to think na malaking educational instituion rin ito.
    Mula ng August dun lang ako nagsweldo on-time.

    [Reply]

  23. If an employee has a case but did not admit and then he undergo hearing,received warnings and suspensions, and give him chance to work but still gave last 15 days suspension, he did not report for work, the employer failed to send mail to him that he should report on the day given but did not report, what should be done if an employee file a resignation which is supposed to be he will be terminated? kumbaga, naunahan ng employee and employer. nag-file na resignation na dapat ang employer ang magsend ng mail at magsasabing terminated sya? what should the employer do?

    [Reply]

    Cristine Reply:

    Can I have the employment status? The definitions of different types of employment such as probationary, temporary, contractual, casual.thank you. God bless

    [Reply]

  24. Hi Sir Ted,

    Seek ako ng help. regular employee ho ako for 4 years with X company.

    I was repeatedly suspended due to tardiness. Then, they served a last notice that if I incur similar or analogous infraction, cause na daw for termination.

    Then, last time I was absent for 3 days they charged me with Abandonment of Duty and was terminated. They served a Notice, No hearing (but they asked written explanation) and then Termination na.

    But those 3 days were not abandonment as ung:
    1st day- Official Leave signed by superior
    2nd day- Special Non Working Holiday
    3rd day- Sick Leave

    Termination notice was served on the 5th of the following month and immediately, they sent me to clearance. Walang 30- day notice (within a day lang nung termination notice).

    Please advise po. More power..!

    [Reply]

  25. concern employee Comment:
    September 23rd, 2010 at 11:14 am

    Sir, recently, a competing company of my employer is offering me an employment and with much better pay and benefits compared to what i have now. I am seriously considering the offer but is bothered by the stipulation in my employment contract that i cannot work for a competitor for the period of two years after resigning. Is the stipulation legal? Does the law allow that? I am no longer happy with my present job and the new offer is too good to be taken for granted. I hold a high position and knows several important information of the company’s operations… and i am worried that my present employer will sue me if they will find out i will work for the competition. Need badly your advice on the matter. thank you.

    [Reply]

    Dave Reply:

    Yes, you are liable. The employment contract is valid.
    You are offered a job by the competitor greatly because of your “knowledge” of its foe.

    This is unfair competition and can land you to jail.

    [Reply]

  26. Would like to ask if you are terminated due to redundancy, given a one month notice prior to the effectivity of your last day. Can I be liable if I do not report to work regularly after the one month notice.? Please advise.

    [Reply]

  27. Hi,

    I was hired last June 29, 2010 as a trainer. When I on-boarded the company there was no coaching nor was I informed or shown the performance metric which I was to be used for my evaluation. The company is new hence nobody had any performance metric except for our agents (Call Center). Last October 23, I was summoned by my manager to a meeting with our VP and HR – the purpose of the meeting was for performance coaching. This was the first time I ever saw or heard of such evaluation (asked my colleagues). At the end of the proceeding, the HR personnel served me a termination letter to due non-performance based on the performance evaluation which was just given to me. Do I have cause to file illegal termination against the company?

    [Reply]

  28. Our company will soon be acquired by another company. If the new company will give us a new contract, can we demand that they pay our year of service with our former company? Will this be 1 month or 1/2 month for every year of service? What if they included in their new contract that they recognized our year of service with our previous company, will that be enough for them not to pay our previous year of service even if the new renumeration package is lower than before?
    Please advice.

    [Reply]

  29. We served an NTE to our company driver when our commissary manager found some stocks (vegetables) tucked under the glove compartment before he was about to leave for a delivery. The driver merely gave an explanation of “hindi ko po alam kung bakit nandoon ‘yon.” An inquiry with other employees revealed that the driver had been doing this a long time.

    Is it possible to terminate the employee based on the accusations given him if he continues to simply deny these charges? Do we have to catch him in the act of stealing to be able to file administrative charges or a criminal case against him?

    [Reply]

  30. Hi Ted,

    We just need some advise.

    My wife is a regular employee for almost 3 years…

    She is a very productive employee, she also had some awards and sometimes included on the top employees..

    She had have absences before for the past 2 years some of those have some official medical certificates to serve as a document for an excuse for the absences and some absences does not have med cert.

    Now, we just have a death in the family this Dec 2010, my Mother died of cancer and the wake was done in our house, the wake was 11 days because the death occurred Dec 28 & holidays came so we have to pro-long the wake.

    My wife was absent for 8 days including a 2 days absent due to a swollen gums that we also have a dentist certificate indicating that my wife needed some rest.

    NTE were served including also the past 2 years that my wife had absences, we also submitted our letter to explain for the absences under question, and also a hearing was held during the last wake of my mother last Jan 8 and as well as the Notice of decision was served to my wife Jan 14… The violation indicated on the NOTICE OF DECISION paper was “SERIOUS MISCONDUCT” and the decision is termination. It is stated that my wife last day was also Jan. 14 the day the NOTICE OF DECISION WAS SERVED.

    My question is: Are those absences due to a death in our family and the wake was done in our house not a valid reason to be excused for the absences even on a critical work day in the company? My wife needed to assist us on the wake that’s why she was absent.

    My wife regularly calls her office and also exchange text messages with her supervisor for her absences reasons and always informing that she still cannot proceed for work, no AWOL or No Call No Show was committed by my wife.

    The offense that was subjected to my wife was called “SERIOUS MISCONDUCT” are absences due to a death in the family a serious misconduct? And can be justified to be included in the Art.282 of the code?
    Because this is what the company has used against my wife and the grounds for the termination of employment to my wife.

    And on the explanation on the NOTICE OF DECISION served to my wife indicated was this is seen by the company as habitual absences. But we are sure that we don’t have a habit of someone dying in our family just so we could have reasons for our absences.

    The company did all the proper procedure for the termination from the NTE etc… The only questionable & malicious factor here was the offense indicated as grounds for a legal termination which was referred as to be a” SERIOUS MISCONDUCT” under Art.282. We strongly believe that my wife has not shown any SERIOUS MISCONDUCT in her behalf during the occurrences of those assumed habitual absences that was charged to her.

    Questions:

    1)Are bereavement such as this, that was the cause of absences of an employee be considered a SERIOUS MISCONDUCT Art.282? The wake is done inside our house.

    2) Is a NOTICE OF DECISION letter which states a termination of an employee the same as the NOTICE OF TERMINATION?

    3) Can a company terminate a regular employee the same date when the Notice of Decision letter was served to the employee? Does the 30 days not apply here?

    Thank you so much for your time, we will appreciate your response.

    [Reply]

  31. Hi, Ted:

    Before I present my issue, may I know if this chain is still alive? I don’t see any responses anymore after your last one dated 29 July 2010 as I followed through the exchanges of comments above.

    I’m hoping that you would still have the energy as you were having before to answer questions on legal matters. More power to you.

    Joey

    [Reply]

  32. umalis po ako ng company without observing 1 month notice, naka receive po ako ng notice letter of termination, ngayon 2 1/2 years na po ako di connected sa kanila. up to when po ba ang validity or is the company can still sue me if i still had liabilities or they still sue me for disciplinary action

    [Reply]

    Ted Ferrolino Reply:

    They can no longer impose disciplinary action against you, but they may still sue you for civil damages. But given that they have not filed any case against you up to now (after 2 1/2 years), it is unlikely that they still have intentions to do so in the future.

    [Reply]

  33. Hi, Ted:
    Here’s my issue:
    From Dec 14-23, 2010, I was hospitalized due to liver infection and recovered completely only on 18 Jan 2011. The company, on 24 Dec, required of me my med records but failed to send these to them until 04Jan thru LBC (which they refused to receive as attested by LBC). When I called on 18 Jan, they said I was already terminated effective 04Jan and they said I was sent a Return to Work Order on 29Dec2010 thru DHL as they claim. I didn’t get the Notices. I am filing a complaint for illegal dismissal on the grounds of absence of due process but I don’t have a copy of the Return to Work Order and Notice of Termination (even though I’ve requested a copy thru formal letter and thru email). Will my complaint be valid if I don’t have a hard copy of those notices? By the way, with my emails with our HR Mgr regarding the notices, she replied once that they have these on file and they can show these to me anytime. Please, advise, for I don’t have enough proof that I was actually dismissed except the words given by my Supervisor, the HR Secretary and that email coming from the HR Mgr. This stalemate situation aggravates my hardship since it’s been two (2) months that I am not earning income.

    [Reply]

  34. Hi sir!

    My concern is about my clearance with my company. Is it right that in my clearance it is stated there I quote ” This is to certify ______ has been cleared of all property and cash accountability with (Name of company). However, (name of company), reserves the right to revoke such clearance and takes proper legal action should dishonest acts be discovered later. Further, this clearance issued does not relive (name of employee) of professional responsibilities on all the work he has done while in the employ of the company.” It is right that after resigning I will and given clearance I will still be liable to the company. And even if it is already how many years after resigning I will still be bother because of this?? thank you and more power!!

    [Reply]

  35. hi,

    the employer allows the employee to take a sick leave for six months hoping they can take him back as soon as he recovers but sadly the employee is still sick infact he is now 10 months on leave due to his sickness. Can the employer terminate the employee now? what is the process to be used in terminating the employee?

    waiting for your response. salamat po!

    [Reply]

  36. Ang question ko po about sa mga pregnant employees na inaabuso nila ung employer nila na anytime lang na gusto nilang pumasok ay dun lang sila papasok, late and absent lagi, tpos pinag LOA na xa dahil sa threatened abortion eh ayaw pa nya mag leave may sinubmit na fit to work pero ganun parin lagi parin syang absent anu po ba ang magiging ground nya for termination sa mga pinaggagawa nya actually 2 npo ang Final Written Warning nya, ginagawa nya lang dahilan ung pagbubuntis nya kaya nagagawa nya ang mga bagay na to at walang sapat na medical certificate about sa pagbubuntis nya sana po ay matulungan nyo ko dito

    [Reply]

  37. Hi, I would just like to ask:
    1.) if I am entitled for a back pay, let’s say my 13th month pay, tax refund and my last cut-off salary and also a certificate of employment since I was terminated due to AWOL.
    2.)and will the termination be valid if i already tendered my resignation and was signed and approved by my officer but not by my manager, so when my last day came my manager terminated me due to AWOL? I receive a mail from the hr for the notice and i explained that i have tendered my resignation but nevertheless they cannot change already the decision because they have already finalize it. Will that be valid? Answer will be very much appreciated.

    [Reply]

  38. Hi! quick question.

    If I was terminated for just cause with a company that has a one year employment bond, is it legal for them to Charge me for the employment bond since I was terminated? Also, there where no able to sent me NTE or anything.

    [Reply]

  39. Hi. I need your advise.
    I worked for a call center for almost 6 years and was recently terminated due to our productivity standards. We have this program in which in 6 month rolling period one should not go below 85% production rate, 1st failure would mean written reprimand and remedial training; 2nd nd 3rd offense will mean suspension w/ remedial training and 4th failure would be termination.
    I have been a good and productive employee until they transfered me to another project that gave really gave hard time. Sadly I failed the 4th time within 6 months. Unfortunately every time I failed they never gave me the remedial training that i needed. I was left to dial/do with work with out any help from them. It would have been ok for me to be terminated if they did their part. I was left with the decision either to resign or to be terminated. I signed the termination memo rather than resigning. I mean they could have transferred me to another project where I was productive rather than leaving me there to rot. After being productive so so many years they just terminated me, what about my tenure to the company?
    Is what they did right? should I sue? Any advise is truly appreciated. thank you.

    [Reply]

  40. Hi Sir! gusto ko po sanang tanungin kung pwede ba silang magterminate ng employee due to negligence of duty kahit walang prior warnings or reprimand? thank you. Sa call center po kase ako and madami akong abandoned calls and kinausap ako ng employer na pwede yun cause for dismissal.

    [Reply]

  41. Hi Sir! gusto ko po sanang tanungin kung pwede ba silang magterminate ng employee due to negligence of duty kahit walang prior warnings or reprimand? thank you. Sa call center po kase ako and madami akong abandoned calls and kinausap ako ng employer na pwede yun cause for dismissal.The company was very lenient before pero since may nagcomplain bigla silang nagmonitor ng calls. So pwede na po ba nila i-dismiss agad yung employee kahit wala pang reprimand?

    [Reply]

  42. we terminated an employee with just cause, he tried to bring out something from our store, but he said he just forgot it on his pocket. he is illiterate, so we brought him to a neutral ground to explain his side, that is in our barangay. based on his explanations,through his co-workers statements and through inventories, it showed that the items in his pocket were not registered in the inventory whch is in conflict with what he frequently said, that he just forgot. we missed 1 notice (NTE),since he is illiterate but he was given hearing and 2nd notice (Notice of Term.) is his dismissal illegal bec. he wasnt served NTE despite a valid reason to terminate for just cause?

    [Reply]

  43. I would like to ask for legal advice on this since this is my first job and i don’t know the process of how things work… I was just terminated due to just cause but there was no process involved we just had an administrative hearing on sat (06/04/2011) and was terminated today (06/06/2011). They made me sign some forms but as I would recall their should be like some procedures like after the second notice i would be suspended or something right? plus I was never given a notice for my first violation and was given all three notices in one sitting… and another thing the notice of termination was not properly documented cause it states that I will be terminated on 06/06/2010 but I was hired at February this year… What would be the verdict on this?

    [Reply]

  44. hi…
    i worked sa company almost 3 yrs. pero walang ginawa na contract kasi kamaganak k siya… in good faith kung lng. kasi kung susumahin almost 10 yrs sa kanila ng work. ung boss ko nag migrate, then nag overtake ung sister, with almost same activity.

    last 2009 i was assign in cebu, less than a month n matapos n ung contract naimin, ung boss ko nag approach sa akin sabi nya dapat terminated na ako, kaso tatapusin k n rin lng ung event namin d2 sa cebu,

    natapos n ung event, ung salary and bonus plus commission ko d n binigay sa akin …in reason n lugi daw, i was abandoned in cebu, bsta d na sila nag contact sa akin.. after 3 mos , they contacted me if am willing to work again, i said yes, pero umabot pa e2 ng january 2010, only to find out na demote ako, so i diceded to declined the offer.

    ano kaso file ko? may habol paba ako, kc almost 2 yrs n un..

    tnx

    [Reply]

  45. Charlotte K. Fiel Comment:
    June 9th, 2011 at 09:53 am

    Hello Sir,

    I would like to ask what is the process if an employer terminates his employee? I have a friend who was served a termination paper and the paper said that she is dismissed immediately. Am I right to say that this a violation of the labor code since employees who have been dismissed or terminated should be given a 30 day grace period?

    [Reply]

  46. just want to ask, is it normal for the company to hand a preventive suspension to an employee if the said cause was already settled six months ago? is it too late na for that action? meron bang silang batas na nilabag for that matter? hope for a positive response. thank you.

    [Reply]

  47. I was employed po in a multinational company. i have committed a reports misrepresentation. wala naman po monetary involve. i just manipulated some reports para maachieve ko ung mga KPI’s ko. At first i told them magreresign na lang ako and pumayag naman sila. But ndi ko kaagad sinubmit yung resignation ko until nagdecide sila na idismiss ako. Sinabi nila na i only need to report hanggang May na lang. on my last day sa office wala naman sila binigay na dismissal letter so i left my resignation which eventually inaaccept na nila. Ang question ko po. now that i already resigned and me nakita pa sila na mga misrepresented reports na ginawa ko, can they still go after me. ano po ba ung magiging hold nila sakin?

    [Reply]

  48. Good Day!
    Im currently under preventive suspension for 10 days due to erroneous liquidation submitted. It was served July 8. I will submit my reply on their memo by Monday July 11.
    What if they will not reconsider my case. Ano po ba yung habol ko sa kanila?
    Kung hindi ko sila maconvince sa reply ko, pwede na ba nila ako iterminate?

    PLease advise.

    Thanks

    [Reply]

    Ted Ferrolino Reply:

    Employer may impose appropriate disciplinary sanction, which could range from reprimand to termination, against erring employee. This power is under the employer’s management prerogative. The exercise of this right is normally accorded respect by the courts, as long as the penalty imposed is commensurate with the offense committed. That is, the employer must impose only such penalty as is justified under the circumstances. The ultimate penalty of termination should be imposed only as a last resort, especially when other lesser penalty would suffice. Strict observance to procedural due process is also required.

    In case the penalty imposed is excessive, the employee may file a case for illegal termination or illegal suspension, etc., as the case may be, against the employer.

    [Reply]

    Ted Ferrolino Reply:

    Assuming you committed an infraction, your employer may impose appropriate disciplinary sanction against you, which should be commensurate to the offense committed. If the penalty imposed is excessive, you may question it by filing an appropriate action before the NLRC.

    [Reply]

  49. ive was terminated by our site director @ around 12am
    shouting me to log out on my PC and i dunno the reason why…so i logged out and then i was closedly escorted by guard as if i am a criminal heading me to a room and then when i entered she bombarded with those statement accusing me of releasing a call w/c constitutes to call avoidance which was so untrue and not allowing me to explain my side and after terminating me that’s the time that they process my NTE.. they terminate me without due process. and the guard make sure that i am out of the Bldg with so many onlookers outside do you think it is so humiliating to my side? that is not very humane.btw i am on under probationary contract.

    [Reply]

    Ted Ferrolino Reply:

    You may question the legality of your termination by filing a case for illegal termination at the National Labor Relations Commission (NLRC).

    [Reply]

  50. We, (19 of us) in support to our CEO (who alo resigned), filed a resignation addressed to our vice-president. We did not address it to our president because we felt that he was biased in relation to an issue. Eventually, our president invited us for a dialogue and the case/issues were resolved, i.e. no resignation would be accepted and everybody would return to work and move forward . After 2-3 weeks, our president, along with the other members of the board summoned us for a meeting without informing us of the agenda. During the meeting, we were interviewed about the reason/s why we signed the resignation letter we filed (which we thought was already resolved after our last meeting). It was explained to us, after we insisted that the reason for calling the meeting and re-opening the case. Our president admitted that the meeting was called because he was hurt by some malicious information given to her by two people who were also part of the 19 (these two retracted their resignation). AFter the meeting, we were told that a “final” decision shall be released within two-three days. My questions are:

    1. Did our board observe due process?
    2. Is our case a case of breach of trust?
    3. There was no documentation done for the two meetings except for the minutes of meeting. Is the previous decision, i.e. no resignations would be accepted…, binding?
    4. Should they decide to terminate us (directors and managers), would it be a just cause?

    [Reply]

    Ted Ferrolino Reply:

    Regardless of whether “the previous decision, i.e. no resignations would be accepted…” is binding or not, the most prudent action for you to do is to withdraw your resignation before its formal acceptance (or before the “final decision” comes out).

    [Reply]

  51. hi sir, i’m an employee under agency contract. my agency deducted my salary with placement fee to pay them. they said it’s mandatory to our labor. is this true?

    [Reply]

  52. Hi sir!..i am a government employee and currently onleave for 6months to study..Magre report na po ako sa Sept. 1 but unfortunately i got pregnant..I want to know sana po if possible po ba e terminate ako dahil pregnant ako ngayon without wedlock?

    [Reply]

    Ted Ferrolino Reply:

    No. Termination on account of pregnancy is expressly prohibited by the Labor Code.

    [Reply]

  53. Jennifer B. Ramos Comment:
    August 22nd, 2011 at 03:29 pm

    Ang effectivity date po ng resignation ko ay sept 5,
    pero gusto na po ng incoming employer ko na magstart ako ng sept 1, sbi po ng present boss ko gawa nlng daw po ako ng letter of request to change the effectivity date of my resignation letter..

    pwede po b mkahingi ng sample letter of request?

    [Reply]

  54. Hi,

    I was supposed to start work on February 15 but because I was not done with my medical exam by then, I was requested to report to work on February 21 instead. By August 5, I had my performance evaluation and was informed that my rating was a “Needs Improvement.” The decision was to extend my probationary period for 2 months, but as per consultation with DOLE, such extension is not legal.

    I discussed with the boss and HR head (who is an attorney) re: DOLE’s advice and was thereafter made to sign a document stating my conforme to the extension, which I did not sign. By August 15, I was advised by my boss that since my employment contract was apparently dated August 15, I should not report to work on the following day and to instead report to work starting August 17 to do my “turnover.”

    What is the legal implication of all this?

    [Reply]

  55. good day sir,

    ang concern ko po is the situation i had with my employer. gusto ko po sanang malaman if tama ung ginawa nilang dismissal sa akin. ito po ung situation ko.

    i was employed po (contractual) last march 2010, they ended my contract last august 26, 2011. (na extend po ng nag extend ung contract ko first 6mos, then 4x na 3mos extention. though i was not regularized even after more than 1yr of service)

    i learned about my pregnancy late last march2011 and informed the company about my pregnancy around late april. i immediately filed my sss notification as suggested by our accounting manager and passed the necessary requirements. my estimated due date was oct.7,2011.

    early june, the hr manager and my team manager talked to me and told me that they are ending my contract based on the low evaluation results that my team manager gave me ever since i started way back march2010. they told me that it never met their standards so they had to let me go. i was around 6-7mos pregnant by that time.

    they told me that they have given me a lot of chance already to level my evaluation up and this time they have decided that it was about time to let me go. (our evaluations are done “supposedly” a month before our contract expires but it is usually given to us around a month or two past our end of contract date and which is solely done by our team manager who by the way is very useless and based her “evaluation” of my performance to ONE person who has her tone waay high everytime she talks to me.)

    i work in a production company as a production assistant and have been assigned with a lot of tasks the moment i was hired and i could not accept the fact that they told me that i was not productive enough and i was not able to deliver results from what has been assigned to me (if it was the case then why have they decided to extend my contract till almost 1 1/2yr then suddenly decide to end my contract by the time i was about to give birth).

    the HR manager also told me that it was very timely so that i could rest before i give birth.

    honestly, i believe that they ended my contract so that they could escape from the responsibility of giving me my maternity benefits.

    by the way, i gave birth last sept3, 2010 via CS – a week after they ended my contract. so now, i would have to be the one to process my sss benefits and now i do not have a work to provide for my son. oh and also, i am a single mom.

    thank you very much sir! i really do hope you could help me clear things out about my situation.

    than you and god bless.

    [Reply]

  56. Nag submit po ako ng resignation nung Aug. 11 ang effectivity ng resignation ko is Sept. 10. Pero nung Aug. 19 pinauwi na po ako ng big boss namin at sbi bka dw mademoralized ang iba kong kasama kaya maaga na lang dw ako pagbabakasyunin at binigyan na nila po ako ng CLEARANCE at bumalik na lang ako ng 2nd week of September pra sa last pay ko. Kasu ng Sept. 2 tinawagan ako ng HR namin at pinapupunta ako pra may idiscuss lang daw. Kaya nung sept. 7 pumunta ako pero nagulat na lang ako ng mdami na silang inaakusa sa akin at inenterogate na po nila ako bago, pgkatapus po nun pina received nila ang 1st warning letter pero ganung nasagot ko na ung mga tanung nila. So bumalik po ako nung Sept. 9 pra isubmit ang sulat na sagot ko sa mga allegation nila. Pero hanggang ngayun pa po ala pa po akong balita sa kanila. Di po ba illegal dismissal na ang ginawa sa akin? at wala pong proper due process din ang nangyari sa akin?

    [Reply]

  57. cocoy mariveles Comment:
    September 23rd, 2011 at 01:36 pm

    i just want to inquire about my situation in the office. . i was suspended last year 2010 for 15days due to tardiness and i was not able to receive any benefits from the office like christmas bonus, pnoy bonus clothing allowance, educational assistance, etc.. etc..
    legal po ba na walan akong matanggap na khit anong benefits?

    [Reply]

  58. Sir, gusto ko lang po malaman kung makatwiran ba tong ginawa sa kin ng Kumpanya ko. Nagta trabaho po ako bilang Superbisor ng isang UK/AUS BPO sa Ortigas Pasig. Para paigsiin ang istorya, meronng isang taong nag email sa kin at humihingi ng tulong dahil sa gusto nya daw gayahin ang klase ng produkto na meron kami. Nang maramdaman kong humihingi na ito ng proprietary information, di ko na sinagot. Ngunit laking gulat ko ng isang araw ay pinatawag ako ng aking Sales Manager dahil may nag send daw ng email sa HR manager namin. Dun ko nakita kung paanong nai edit, dinagdagan ang mga sagot ko sa email. Lumabas na nagbigay nga ako ng nga mga insider information. Wala na akong kopya ng original na mensahe dahil sa binura ko na at ni block ko ang taong yaon. Ngayon ay pinapa pili ako kung mati terminate ako at wlang makukuhang benepisyo o magri resign ako ng sapilitan at makakakuha ng tamang benepisyo. Gusto ko po sana humingi ng tulong.

    [Reply]

  59. hello, tanong ko lang po. I received a text message today from the hr of my comp. telling me that I am already being terminated and I can get my termination letter together with my last pay. prior to that, naka received ako ng written warning dahil sa attendance reasons ko. I already talked to the general manager about the reasons for my absences and he advised me to continue my work provided that I should be able to show up on time. Nagpaalam ako na magbabakasyon for 3 days and pinayagan naman ako ng comp. Instead of 3 days, nag absent na ako ng 5 days and pagbalik ko the following monday sinabi saken na wag muna daw ako pumasok bukas, they said that they’re going to txt me if in case pumayag ang owner na mag work pa ako with them. But then I received a txt today telling me that I am terminated already. I’m on 3 months probationary period I started last Aug 5 and the termination is effective on Oct 5

    [Reply]

  60. the term and effectivity of my contract is from Aug 10, 2011 and will terminate on May 10, 2011. It is also stated in my contract that the company is employing me for a fixed term of 9 months, which will comprise 2 phases. First phase shall be the Training Period of 3 months and the 2nd phase shall be employment proper which shall be for a period of 6 months. I just want to ask if the process the termination that was given to me is legal…Thank you Sir and I will be waiting for your reply

    [Reply]

    tori Reply:

    my contract will terminate on May 10, 2012…sorry for the typo error

    [Reply]

  61. Yvette Alsayon Comment:
    October 5th, 2011 at 08:35 am

    hi , tanong lang po, may points system po kse kame sa company regarding attendance issues. Pag umabot ka na sa 32points, subject for termination na daw as per our supervisor. 1 absent = 4points. I have 3 absences due to sickness. I have presented a med cert that was issued by the hospital. After 2 months may 1 absent pa din ako dahil naman sa may bagyo(Pedring, Signal number 3 Sept 28, 2011), Delikado po sa daan at nawalan po kame ng 1st floor sa bahay dahil duon. Binawasan ako ng 12 points for my 3 absences and 4 points for not attending to work last sept 28 dahil bagyo nga. Hindi raw kse ako nag prsent ng barangay certificate informing the company na baha sa lugar namin. Valid po ba yung ganitong procedure?

    [Reply]

  62. hi sir,

    is there just cause to terminate an employee for refusing to return overpaid salary? what labor law covers this type of incident? thank you so much

    [Reply]

  63. leah atillano Comment:
    October 27th, 2011 at 03:25 pm

    hi the company im a working now experience financial
    problem. My Boss said we need to terminate 1 employee
    can i ask what is the effective reason i am going to put on the termination letter which needed to be serve to the employee by next week.

    thank you, hope you’ll help me with my inquiry.

    [Reply]

  64. hi, tanong q lang po. we have a point system sa company and I have incurred 29 points as per my immediate supervisor. He filed a request for investigation and I was served a NTE by HR business partner. Pinirmanahan q po na narecieve q ung NTE from her pero nung chineck q po ung details or summary ng lates and absences q, meron syang nilagay sdoon na absent daw aq ng mga araw (3 days) na nkalagay sa record pero nung tiningnan q sa schedules q, nsa trabaho aq nung 2 araw n cnabi niang absent aq at nka leave without pay nmn aq nung 1 araw. I am way over the points alloted at tanggap q po iyon pero may nkita po aqng dhilan pra lumaban dhil sa pagdagdag nila ng points at absence na sinumbmit pa sa HR at napirmahan. may laban po ba aq kung sakaling ilalaban q po iyon sa company investigation? saka kung nkapagsubmit po ba ng resignation letter with 30 days notice pwede pa rin nila aqng iterminate dahil sa kaso q n attendance issue? thank you po.

    [Reply]

  65. Hi Sir Ted, indeed all your worthy advises are very useful for us people that had faced problems with our employers. I have also problem with my employer and would be much to my appreciation if you can advise me on what legal things to do. To start, I was hired as an accounting head way back 2008 and because I was able my good worth to the company, they promoted me to become our president’s executive assistant. Little did I know though that later on I was being encouraged to work on sales noting that I have a good PR and comm. skills. I accepted our president’s desire to put me in sales and did very good in the process by producing beyond their expectations not only until this past 4 months that my production went severely down due to several important factors not because of their claimed story that I have other woman that I worked on which mainly affected my performance. They are asking me to resign now and pushing me too hard to submit my resignation. I refuse and show them my rights which later on because relationship has already been strained, thinking of resigning provided that they will give me separation pay of 1 month salary per year of service (correct?). They seems hesitant but continuosly asked me to resign. Can I already file case against them for serious forcing me to resign? Can you help me Sir Tedd in giving me things and ways on what to do in order to protect my security of tenure as I already working for more than 3 years. They want me to be back in accounting but with my previous salary way lower that my existing salary now, isn’t it in violation woth principle of non-diminution of benefits? What if they fnally terminate me or didn’t accept my proposal for separation pay in exchange of my resignation letter? Please help me with your important advise Sir Ted..

    More power & all the best!

    [Reply]

  66. hi po… i just need your advise on the way i was terminated ( was an operations mgr) on my 5th month
    – option to resign or be terminated sent via text (didn’t reply)
    – asked to sign and received last pay with quit claim (i didn’t sign)same day
    – letter of termination received thru dhl after 2 working days from receipt of text messages
    – termination letter ante dated
    -termination letter not personally acknowledged by me
    – appraisal done after my termination, not signed by me
    – no just cause, no due process
    -no prior notice and hearing
    – after a week, i got a letter from the payroll staff who signed as HR PERSONNEL, asking me to report for work due to continuous absence otherwise, I will be awol. I didn’t report as I already got my termination letter from my boss a week earlier. Two letters sent to me obviously were not coordinated. the 2nd letter was a damage control act not knowing I already filed a case with NLRC two days from receipt of text messages of my termination.

    – do i have a strong case?
    – what and how much damages can i claim? nominal, moral,exemplary.. this caused me so much stress, hypertension and source of livelihood to sustain my family.

    would appreciated your gracious reply. thanks

    [Reply]

  67. Celine San Pedro Comment:
    November 3rd, 2011 at 06:45 am

    just a quick question sir ted, termination sent thru sms, is it valid? and can we take it against the supervisor? Also, resignation letter that is not accepted, is it really something that the employee is denied or restricted from doing? taz ssbihin ipprocess yung termination pa lang and employee is not asked to report anymore. And also, what if the employee has not signed any Code of Conduct or Company Policies, meaning in effect he is not aware of the Company Policy, does it has any bearing if in case there would be an NTE served?

    Thanks in advance.

    [Reply]

  68. ..i have a brother who is recently been forced resign due to house rules of a restaurant. he’s a junior manager and been working at the restaurant for 4yrs. It has been said that what he has done is grounds for termination according to their house rules (out of anger, he shouts to one of the crewmember in front of the guest). Can he still get a separation pay?

    [Reply]

  69. Sheila Cubillo Comment:
    November 5th, 2011 at 01:53 am

    My company is asking me for a Notice to Explain Letter because of Code of Conduct. I am a call center agent and I really am not aware about the policy that we are not allowed to transfer the customer even if the customer is asking for it. Can someone help me formulating the explanation letter. Thanks :(

    [Reply]

    Miks M. Martinez Reply:

    Hi Sheila,

    We have the same concern wherein I was given 3 Notices To Explain in a day. It was handed to me just recently and I was required to answer this in 5 days. However, I was able to answer the said NTE in span of 3 hours.

    I suggest for you to answer the NTE handed to you absolutely in accordance to the accumulation of your knowledge. Tell everything that your immediate Boss did not explicate the policy on transferring the calls of Co. clients even the client calls for it. Simple as it is. 09178672892 – miks

    [Reply]

  70. Miks M.M. Martinez Comment:
    November 13th, 2011 at 06:06 pm

    Hi,

    I have a terrible concern which I believe a Labor Lawyer may answer my query:

    Sir, how many Notices To Explain must be given by an HR to an employee please?

    Recently, I received 3 NsTE, however, I was able to reply for it in a span of 2 hours. Incidentally, 3 came along with. I’m just an assistant manager and my petitioner is our avp wherein I report directly. The reason why he’s after me was due to the contemtous email he has sent my team, however, in spite of everything he continue to push my terminus but I the veracity of the complaint seems abject. Now, is it possible for such NsTE to be sent to me? Isnt it this is just a form of Harassment?

    Please help.

    [Reply]

  71. i was place on preventive suspension by the call center im working with. they said that i was terminating call or disconnecting calls, they also mention that they have a basis, a system that generates results if who was the one who disconnected the call(agent or the customer). i am not guilty with the accusation coz i never released any calls in my entire stay with the company. i will be having a hearing next week. worst comes to worst if they terminate me is there any labor case that i could file? and by the way they will not release my salary on nov 30th payout.

    [Reply]

    Phoenix Reply:

    Hi!

    I worked in a call center for 3 years. I know exactly how the superiors ork there. When they want someone out from the company, they sometimes “orchestrate” to do so even ask assistance from the manager. With your case, if you are not really guilty with what you were accused of, no need to worry. In your hearing, your supervisor and the OM will be present together with another OM and a personnel from HR. They will make you feel as if you did it. But I suggest don’t be moved by what they say. Termination should be based on just cause and authorized causes. as far as I know they don’t have the right to hold your salary as this is illegal and no basis whatsoever. Sometimes termination is due to the regulation stipulated with the company rules. But if you are really not guilty, you have a big chance you an beat them.

    [Reply]

    cholo Reply:

    thanks alot. the hearing was last night and as you mention i feel like they want me say that im releasing calls. they even ask me what would i like to happen? i told them that if they cant consider my rebuttal might as well allow me to have a graceful exit. they told me that, that is still subjected for approval. so there is still a possibility that they will terminate me even if i pledge not guilty. is there any grounds that i could file

    yes they have not given me my salary for nov.29 payout. and im quite scared that they might not give me my 13th month as well.

    [Reply]

    Phoenix Reply:

    Hi! You have the very right and the opportunity to be heard. That’s your right. If you did not release calls, stick with your grounds. That’s the only way they will be proven wrong. If you will resign because you were threatened, then everyone will think that you did release call. You know exactly the trend in call centers. If you are innocent, then don’t be moved by them. If ever they will terminate you, it should be fro just cause. The burden of termination lies with them. They need to prove the validity, not you. They cannot terminate you just because they want to, they need to follow procedural due process of law. For the payout, for that you can go to a lawyer and have them make a demand for your salary. It should not be witheld, same with the 13th month.Stick with your grounds if you are really innocent. Let me know what happens. By the way how long you have been working with them?

    cholo Reply:

    i’ve been working with them for 4 years and 7 months now, when they asked me what would i like to happen i answered “i still remember when i had an interview with the recruitment, she asked me how long am i going to stay with the company i answered: as long as i am contributing to the success of the program and the company i will stay, now if you see and think that i am no longer contributing to the company’s success, atleast let me have a graceful exit (worst comes to worst). i am still waiting for their decision if they will grant the force resignation.

    cholo Reply:

    hello sir ted do you have any insights regarding my query?? thanks

    [Reply]

  72. a close friend of mine applied for a job and she was accepted. On her 4th month of employment, she discovered she was delayed and had her check-up and was confirmed one month pregnant. she was worried that since she is still in probationary period, she might not be able to get the post. By the way, she ‘s performing well and oftentimes commended on how fast she works. To continue, when she told her supervisor about her unexpected pregnancy, she noticed that her supervisor turned cold and one of the heads talked to her that, her supervisor is worried because she might be on leave on the month where work is at peak. do we have an existing law to protect her right? can she fight for her right that her pregnancy was not concealed and it’s a fact as well that she’s not pregnant during her application.
    Can they (admin) decide differently on her case. Thanks!

    [Reply]

    Phoenix Reply:

    hi! I believe we have a law that protects the rights of women in work especially pregnant women.Even probationary, one employee should not be removed form post simply because she is pregnant. If so, she can always defend her stand.We have a law that protects women from employers with regards with discrimination, etc.

    [Reply]

  73. hi! hingi lang po ako ng advice regardibg sa situation ko.. under po ako ng agency at naka assign po ako sa isang christian church as A/V technical and dayoff reliever..dinemote po ako ngaun without due process as reliever na lng at wlang permamenteng pinapasukan na project swertehan nlng kung makapasok ng isang beses sa isang linggo at ang sinasabi nilang dahilan kya nila un ginawa ay dahil sa tardiness at hindi inaasahang pag absent..pero sir ni isang memo wala po akong nareceive o di ko man lng nadaan ung process na nkalagay sa code of discipline ng agency..walang memo o suspension man lng, basta na lng po akong pinull out sa project na regular kong pinapasukan.at sa pag absent ko naman may na ipresent akong medical certific8.. about sa tardiness, nasa code of dicipline namin na if within 15days period if he/she is late morethan 3 times dun palang po sana papasok offenses ko sa loob, sa loob ng 15 days, hindi po ako nakaka 3 late kaya siguro hindi ako magawan ng memo at biglaan nalang ang ginawang pag pullout… tanong ko lang po kung mag file ba ako ng labor suite may chance po b na makuha ko yung reinstatement ko? marami pong salamat at aasahan ko po ang iyong suggestion..

    [Reply]

    louis Reply:

    correction po pla labor suit not suite sorry po. thanks in advance po.

    [Reply]

  74. Are there forms needed to be submitted to DOLE when terminating an employee for habitual lates?

    [Reply]

  75. Hi, Hingi lng po ako ng advice kc yung friend ko 3 years na cia nag wowork sa company nmin and regular employee din sya..My naviolate syang rules..Garments po ang company nmin mahigpit na pinagbabawal smin na maglabas nga mga materials ng company.Merun po kmi Company rules and regulation pero wala po mga kopya ang bawat tao sa company na yun.Ngyon naglabas cia ng retaso na tela na binuo nia para maging short then nahuli cia ng guard na nilabas nia yun pero pinabayaan lng nung guard na ilabas yun nde cia binigyan ng warning at kunin yung nilabas nia..And date nung pagkakahuli na yun Dec 6,2011 Nagsumbong yung guard direct sa manager Dec 8,2011 on that day kinausap ng manager yung friend ko binigyan sya ng written explanation kung bkit nia ginawa yun on that day nag explain din sya at cnav din nya yung toto. Dec 10,2011 Tinerminate sya sa company nmin binayaran din po sya on that day.. Ang question ko po okie lng po ba mag terminate ng ganun kabilis ang company khit regular sya.. nde cla gumanit ng Step 1 2 3 bago cla mag terminate ng tao. Meron po ba laban ang friend ko kung ilalaban nia yun sa labor?????

    [Reply]

  76. Sir,

    Puede po bang magbigay ng employment certificate ang sister company ng isang kumpanyang di na existing lalo pa at ang mga officers ng naturang kumpanya ay di na connected sa sister company?

    Salamat po.

    [Reply]

  77. Hi,
    I’m working as an agent of a call center company in clark. Company accused me of fraud, we did have a hearing and I won the case. now they are trying to open it again.Same incident different case. Doe double jeopardy applies to my scenario?

    Thanks.

    [Reply]

  78. ask ko lang po if possible po ba materminate ako kahit na una na kong nagfile ng resignation letter? termination ay hindi dumaan sa due process. please advice po and more power to you..

    [Reply]

  79. I need to know what case should i file towards my manager for harassing me regarding my Leave of absence due to medical. He told me that since I’m rendering my 30 days notice of resignation,I’am not qualified to avail the leave of absence. He is forcing me to resign immediately or extend my notice. I asked our HR Department regarding this issue and was advised that I am entitled to avail the Leave of absence. This is clearly a false information and fraud made by my manager to prevent me to go on medical leave.

    [Reply]

  80. Gud day po. Asko lng po ung friend ko n nsa govt
    sya, she work qlmost 7 years in govt company then my ginamit cya n atm ng isang ksamahan nya then ginamit nya ung cash almost 100 k plus then before cya magsapa ng kaso inamin n nya at nagkasundo n cla at pinabayaran lhat ung ngamit at umabot p ng 267 k n doble pro at sabi ok n peo namemerwisyo p din cya, dun company at nangugulo p din pti sa bahay ng byenan nya at naninira p da mga k ofzmate nya pti sa head ofz, my mga banta p cya, den late nagsampa p ng kso ng administrative case, pro bkit pi gnun e tapos n lahat, tuwing my flag ceremony binabanggit p nya den mnsan nagsadabi p cya n mag ingat sa mga tao n ksama nila, mdalad sya n gnun,
    Pls give advice sa friend ko

    [Reply]

  81. Hi po! nagfile na po kase ako ng resignation dito sa company namin and ang effectivity date ko po ay Jan 31..pero ung manager po namin may mga deadlines pang hinihingi sakin and unless matapos ko xa gusto nia kong mag extend til matapos pero ang problema po ay nakapagcommit na ko sa new employer ko na feb 6 ako magstart sa kanila..ang balak ko po kase ay makaalis n ng jan 31 para maasikaso ko ung reqs ko sa bagong company ko..ok lang po ba na umalis n ako ng jan 31 kahit ndi pa tapos ung reports ko dahil nga po naserve ko n namn po ung 30 days notice? please advice po..thanks in advance! :)

    [Reply]

  82. I don’t know if you can call my situation being terminated or suspended. I am working for my aunts company and i am 5 months pregnant. This afternoon she and her husband scheduled a meeting between me and my husband ( Husband works for her husband too). Its a family business in short. An issue pertaining that “someone” reported to them how much we both hated her and there was a line that she knows every move and every words we say because there was a so called “spy” in our company who tells her everything including all the malicious words that we say against her. Me and my husband just realized after the meeting that someone hacked my husbands cellphone and read our messages. Our suspect was her son who read my husbands messages when he was asleep since the two of them had a training for three days away from home and both stayed in a hotel. So the culprit immediately sent the messages to his mom. We just figured it out since she mentioned most of the lines we used during our conversation. I felt unsafe and our privacy was stolen. For that incident, she said that she was betrayed and said that she treated us like her own but i felt the other way around. Should i be the one feeling betrayed and unsafe? She said because of what happened, she will let me stop working but will still be receiving my salary until i give birth. I am still shocked at what happened and couldnt sleep until i get clear answers. Is this Just? She said that from the words we said she doesnt feel comfortable working with me anymore thats why they decided to let me stop working. Should it be our prerogative to say anything in text messages specially it is private and its between me and my husband? Should you consider privacy here? And i find it shallow to terminate me specially now that in pregnant for that cause. Please share with me your advice. Thank you very much.

    [Reply]

  83. nka ncns po ako for 1 week,pero i returned to work. 1st admin hearing ko po pero hndi na-push dahil wala ung supervisor, so umabot po ng more than 1 month bago natuloy. wala pa cla pinagawang notice to explain, I asked why, sabi ng HR after daw un ng admin hearing. Tama po ba ung process na un? ang to think na inabot ng 1 month bago ako inadmin hearing? kung ang NTE kapag umabot ng 30 days at di na-serve, invalid na, panu po ang sa admin hearing? dahil po ba pwede ine-eschedule un it means na khit more than 30 days na valid pa din?

    [Reply]

  84. i was employed dec 1, 2011 and the owner fired me last january 25, 2012 for not knowing that a competitor has establish near our site. he fired me thru text.

    [Reply]

    joel ileto Reply:

    now hr issued memo asking why they should not terminate me? we have no sss, tax, pag ibig, no overtime pay. what should i tell my boss? and i want to file a legal action about this company, i hope that you can help me.

    [Reply]

  85. I have resigned from my previous company last July 2010. Now I’am asking if they can give me a certificate of employment, and asked for a generic one since I have to apply with many companies, they replied that they cannot give Employment certification without an addressee? can they really do this?

    [Reply]

  86. i was caught sleeping during a call by my supervisor but that was the first time and there’s a reason for that incident, i was asked to submit my explanation and attend a formal hearing but what’s bothering me is just the thought of being terminated by this negligence that happened once, for a reason. will this be a ground for termination or will i be given a chance to prove myself? thanks.

    [Reply]

    john yauder Reply:

    waiting for your advice. i’ll be presenting my explanation now together with the medical certificate of my wife. can i file my resignation after the hearing or do i have to wait for the result first?

    [Reply]

  87. I was terminated through just causes. Filed a complaint through NLRC. But because of that my company held my last pay because of the case. Asking if it is legal to hold the last pay because of pending labor cases. Thank you very much.

    [Reply]

  88. hi nagresign po me kaso tru verbal lang d na me nakapagpass ng resignation kasi need pa daw ng 30 days prioi notice.Now nakareceived me ng NTC. and I reply my explanation,,,,what po nyan mangyayari sakin kakasuhan po b nila me??

    thanks a lot

    [Reply]

  89. pls tell me about…same thing happen here…im upset…sms me at 09172450955 or 09234569700

    [Reply]

  90. same thing happen here.im upset.pls sms me at 09172450955 or 09234569700..you would save a life

    [Reply]

  91. i have a question po.. i am a call center agent so from the start were having problems na with our TL. like she’s not taking in sup calls and she really have an attitude. meron na syang tineterm na mga kasamahan namin throuh text lang. so i was also terminated last december 17, through text message din, wala naman kaming pinirmahan na final warning. and napirmahan ko lang ay written warning. magreresign na kasi dapat ako, hindi sya pumayag sabi nya sya na raw bahala sa attendance ko, e di ang ginawa ko pumasok pa rin ako. then isang araw lang ako pumasok nagtext na sa kin sya the next day na term na raw ako.. e di hindi ko nalang hinabol nun, after a week nagkakontakan kami ng katrabaho ko, ganun rin pala nangyari sa kanya, hinabol nya ung kanya sa hr, so ang nangyari hndi sya term kung hindi resigned. then nung nagpaclearance ako, ang sabi sakin NCNS (NO CALL,NO SHOW) raw ako. ang naisip namin, hindi pala ko naterm kasi ang sabi nung nakausap ko nagpapadala sila ng return no work notice which is hindi ko naman narereceive.. sabi nila kakausapin daw ako ng hr head ng account ko na hindi rin naman nangyari.. hinayaan ko na naman. nung araw din na yun nagsauli ako ng headset na maayos pero ang sabi nila hindi daw un nagmatch sa serial number ng headet na nakasave sa kanila at kailangan ko ung bayaran ng 2k. sabi ko may sinauli naman ako na headset na maayos at ung headet ko dati ay nasira at pinalitan ng TL ko ng headset na nakita nya sa floor. ang sabi nila sa facilities yojn dapat pinapapalitan, sabi ko ee di dapat pinaliwanag un ng TL ko, pero nung kinausap ko na ung TL ko, sabi niya sakin hindi nya raw un pinalitan. so hinanap ko ung serial umber ng headset ko sa mga agents na kakilala ko na nandun pa pero hindi ko na makita. tinanong ko naman kung may kopya sila ng mga headset na naisauli na, wala naman silang binanggit. kanina, tumawag ako par sa pag release ng bakpay at credentials ko (clearance, BIR 2316 etc.) sabi nila may kulang pa raw akong 2,5k at hindi nila irerelease ang credentials ko hanggat di ko un binabayaran. reg sa TL namin matagal na namin syang ineescalate pero walang nangyayari dahil ang nagpasok pala sa kanya sa kompanya ay ung senior nya, general manager ng account.

    [Reply]

  92. hazel fomeg-as Comment:
    March 17th, 2012 at 11:34 am

    may right ba ang still employed employee na humingi ng certificate of employment for the purpose of cable installation and visa application sa employer? ano ang dapat gawin sa employer na ayaw magbigay ng certificate of employment? Thanks

    [Reply]

  93. Sir Ted,

    My co-worker already filed a Resignation Letter effective in 30 days and her Immediate Supervisor acknowledged and signed the letter. After 2 weeks the Supervisor issued to him a Show Cause letter asking him to explain certain allegations found against him and also the supervisor scheduled for a Clarificatory Meeting in a few days. Should he still answer the show cause letter and attend the scheduled Clarificatory Meeting?

    Thank You Sir

    [Reply]

  94. hi i just want to ask for a legal opinion before i take action/s against my previous employer about the termination they served to me last 29Feb2012.

    in our office when you have excessive tardiness and absences ull have several warnings before termination. normally after u reached the final written warning you’ll be in what we call stern status. now if you will still commit an offense when you are in stern status our hr dept will call for a hearing to warn you that same offense will lead to termination. there’s a lot of people i know where this happened. and there’s even some employees that had been in a hearing multiple times and still in the office. it happened to me for the first time, after stern i had an offense again. now i was expecting for a hearing so i can give my commitment too to the hr dept however i didnt undergo to that process instead i was terminated. i had a meeting with the hr personnel because i filed a complaint on why i didnt receive the same treatment that other employees received. before february my immediate manager told me that she will try to talk to the workforce manager (the dept who forwards your offense to hr and handles attendance) about my january offense as long i dont commit it again and i was able to do that and got a perfect attendance for february. when i received the show cause memo for termination for the tardiness i had it was requesting for explanation, my manager told me not to worry and i quote her ‘Lila dont worry it’s just a show cause memo’ thats why i didnt give any explanation on it however when i received the decision notice it is already for termination and not a hearing. the company kept telling me that i cannot dispute it because i signed it. im trying to explain to them that if my manager didnt tell me that she’ll speak to the workforce manager to request for them not to issue me an incident report for january offense since i gave my commitment and told me not to worry when i was reading it, i would have given an explanation. i believed her but now shes saying that she didnt say anything like that. it’s her word against mine. i dont want to hold on to that now since i have no proof on what she said but im disputing the fact that i did not get what other employees got. a fair trial. they said they already changed the company policy that hr is no longer required to do a hearing unless the employee requests for it. i know i had issues regarding my attendance but even criminals undergo a trial, why cant i?

    my issues now are :
    1.) if i misinterpreted my team leader (since shes denying it) why didnt she demand for an explanation knowing shes serving a show cause memo for termination?

    2.) why didnt she ask for a hearing knowing that other employees went to that before termination?

    in my opinion if an employee is about to be terminated the immediate manager should get an explanation from the said employee about the offense and inform/update her about the policy in regards to the hearing.

    i feel like i did not undergo the due process. i had a meeting too today with the management but they all depended on the show cause memo for termination with signature but no explanation. i refused to sign the termination decision notice so the Operations Manager and Site Division Leader signed as witnesses and told me that the termination is already effective today 06March2012 even if they dont have my signature.

    i would like to know if i can fight this case? aside from not keeping her words which im not relying to, there is a negligence of duty on my immediate manager’s part for not demanding what was needed and for not informing me about the process. it is her responsibility to do those things and when she didnt im at the receiving end and cost me my job. they said i shouldnt have believed my immediate manager and it’s funny for them to say that because my immediate manager is part of the management and their front liner so why wont i believe and trust her?

    i badly need an opinion from someone who knows the labor law and ill greatly appreciate it if ill receive a response.

    thank you for taking your time in reading my inquiry.

    [Reply]

  95. Sir,

    My question is pag contractual po ba ang 1

    employee then naterminate po ang services niya. Will

    it be tagged as terminated or just end of contract

    lang po? My contract expired on March 19 but i

    received an email on Feb 14 stating that my services

    are being terminated and that they are processing my

    clearance and everything.

    [Reply]

  96. Hi, I’d like to ask if the employer didn’t return the copy of my contract, will that be a ground for an employment violation? I’m still on probationary employment, but until now, I haven’t received back the copy of my contract. I have already reported/informed my supervisor about it and eventually I got an email from our HR dept saying they’ll make a follow up but until now, nothing happened. The reason I asked this is because, I was absent for more than a week due to sickness and some emergency/ family matters that I need to attend to immediately and now, I got a notice to explain for those unauthorized absences. I got my medical certificates for those days that I was sick. Now, they’re using the “clause” that was stipulated on the contract when I don’t even have my own copy of it. I guess as an employee, I have the right to complain because somehow I wasn’t able to read through the contract even if I have signed it. This would be the first time that I don’t have a copy of my contract. What I only have is my job offer, that’s it. Please let me know what are my options? Can I file a case for this? Also, I’m planning to resign eventually. Your response will be highly appreciated. Thank you!

    [Reply]

  97. Good afternoon,
    I have been working with this company for almost 2 yrs and it was only last year that they had made me sign a contract which was NOT notarized and did not get a copy ever since I left. I gave my resignation letter 3 days before I never report to work again which was just this february. I got a text message from HR that my resignation was not valid because I did not render my 30 days before resigning and now I received an RTO. My question is can they still file charges against me even if the contract I signed was NOT notarized?
    Thank you and I am looking forward for your help.

    [Reply]

  98. Looking forward fro your response..thank you

    [Reply]

  99. Hi I have a complain regarding my former boss/owner of the call center who is Indian and he shouted at me when I was doing a clearance in my former company (this was a scheduled appointment with HR). He shouted at me in front of the guard and one of the HR employees in the lobby. This was heard by a lot of people. He said I should not be there and I am not allowed in their office. I told him I’ll complaint him to DOLE. He said complain to whoever you want. I was disrespected. I am a former Operations Manager on that company. On what grounds can I file a complaint?

    [Reply]

  100. Good day.

    I have working with this company for three months na. It is a home-based job. May contract akong pinirmahan pero di ako binigyan ng copy. Also, wala naman nakalagay dun na period of time for being a probationary. Last Saturday, I received an e-mail from my employer stating that they have to terminate me because of habitual neglect of duty. I have to meet him and handover the issued items and to sign my release papers. Is my termination valid?

    [Reply]

  101. I am a teacher &was hired in a private school last june 2006.I am not yet LET passer. Before they told me to take exam.Because they wanted to have board passer teacher. But as time goes by they ignore my situation instead they told me to study. I took MA units in the province.Now the administrators change and they are forcing me to resign.But they have still non board passer teachers and keep on hiring newly grad teachers unlike me who’s 6 years service.Can i defend my right?If i’ll resign can i get separation fee for my service?
    thanks

    [Reply]

  102. Just want to ask if the terminated employee (just cause) can ask/negotiate with his employer a separation pay for staying in the company for 5 years?

    [Reply]

    Ted Ferrolino Reply:

    Yes. It has always been the policy of the law to encourage parties (employer and employee) to settle their differences without resorting to litigation.

    [Reply]

  103. Stephanie Comment:
    May 4th, 2012 at 09:01 pm

    Good day to the Admin,

    Can you please give me a sample warning letter in Filipino to an employee who has been AWOL for more than a month. The said employee has very limited educational background so I don’t think he’ll understand a letter in English.

    Can you also advice me how to handle this situation? The employee simply didn’t turn up for work for almost a month now and without leaving a word of his whereabouts or reasons for absence.

    Thank you very much.

    [Reply]

  104. Hi, i just wanted to consult on something. A friend of mine was issued by his employer a dismissal memo re incomplete uniform. When he asked for a copy of his previous memos regarding the same to really see if he received a 3rd or 4th offense memo on the same offense, he was told by the HR Head of their company that they could not furnish him another set of copies because he already has a copy of them.Instead he was only shown copies of memos that he had under different offenses. My friend’s point here is how can he check if the claim on the dismissal memo is based on factual circumstances as this concerns his tenure in the company. He has been with them for almost 8 years and he feels that he is a victim of office politicking. My question is does he have the right to demand for a copy of the actual memos from which his dismissal memo was being based or not?

    [Reply]

  105. ask ko lng po mag 6 months na sana ako pero a day before my six months terminate nila ung proby ko and that day also is my last last day… pwede ko ba sila ereklamo?

    [Reply]

  106. hi. i have inquiry about a policy of my previous employer which i am not sure if legal as per labor laws.
    Before you enter this company you will have to sign a contracts which states that 1. YOU ARE UNDER CONTRACT FOR ONE (1) YEAR AND IF YOU FAIL TO COMPLETE THE 12 MOS THE EMPLOYEE WILL PAY A CERTAIN AMOUNT if he/she resigns on his 1-3rd month of his tenure she will pay 3 mos equivalent of his salary, or if he resigns on his 4-5th month he will pay 2 mos equivalent of his salary.According to the employer this is for the damages that the employee causes to the employer. Also, all your documents and certificates will not be released unless you pay the whole amount.

    2. SEVEN DAYS OF YOUR SALARY WILL BE PUT ON HOLD AND YOU CAN ONLY GET IT AFTER YOU GET TO BE REGULAR OR AFTER A YEAR OF BEFORE YOU RETIRE. Also, it states that you are under probationary for 6 MOS.

    3. Your last pay together with other certificates will only be released if you pay the BOND.

    I asked my employer to waived this bond because as far as I know the bond will only applies for companies providing training abroad. Also, I was informed that my contract is for a REGULAR employee since we have this “so-called BOND” but we don’t get the benefits of a regular employee. the VL and SL, we dont get that. They said trainings will be provided along the way but I lasted 6 months but didnt get any.

    I want to know if the bond is legal although we signed the contract.

    Thanks

    [Reply]

  107. Hi po,

    magtatanong lang po ako, I worked as an internal support with a company for an outsourcing site (freelancing site). They terminated me because I have an account with a competing website, though I’m not internally involved with them, just a user. Plus the fact that I have not been using it since my time of employment with them. Was my termination valid? They just handed me the termination letter without prior notice and stopped working on that same day.

    Your response is much appreciated. Thank you.

    [Reply]

  108. hello po almost 2 years n po ko nag work sa refilling station along las pinas area pero sa kadahilanan po n n short kmi nang stock gusto mangyari nang audit nmin na ichargesa amin un dhil sa careless ako at la ung iba kung kopya n prove n may mga document ako pumayag nlng ko at ang dalwa kung ksama na deduct nlng nila sa amin pero nag karoon p investagation at pinapirma kmi for deduction pero after 3 days pinatwag kmi at ngulat nlng ako terminated n ko nung march 08 2012 at di n ko papasok kinabukasan ang ginagawa ko nag labor ko ang hinihinge ko knila ung separation pay ko bk pay ko at ung isang buwan n di nila ko pinasahod nung huli at ung 6 month n lgi kulng sahud ko at overtym n di nila binibigay nag tuos ko dun sa adjustment ko almost 12k po kso ang binigay ko lng amount knila ay 50k kasama n bk pay ko separation pay isang buwang sahod n di ko nkuha minimum wages ko sa isang buwan 10k ang gusto nila mangyari 30k lng ibayad tama po b un kung tutuusin di nila ko binigayn nang prior noticed for termination 30 days may damagedin po b ko at kung mag knu po halaga n dapat ko mkuha knila nag trabho ko sa company starting june1 2009 to march 08 2012

    [Reply]

  109. What if an HR served a Notice to Explain and an Explanation has been submitted already by the employee. How many days/months should a disciplinary action be served after that? What if no disciplinary action was served yet after 3 months? Can the HR still serve disciplinary action? Also, how many days or months should a Notice to Explain be served after a violation is committed?

    [Reply]

  110. Hi po, i’m almost 9years working in my company. And this is my first time committing negligence. May I ask how many days po ang processing ng dismissal starting receipt of NTE? If I will be dismiss can i get my last salary also VL & SL? kasi po 52 days din po yun.

    [Reply]

  111. Rea Mojica Comment:
    June 1st, 2012 at 06:23 am

    What if the HR says this kind of word ” dont push me to my limit” is that example of treat?

    [Reply]

  112. nasigawan ko po ang manager ko dahil sa hindi maganda pamamalakad nya. i trid to resign twice, submitted all laboratory tests and said that they will validate it. they still want me to take calls even though i am sick. if they terminate me because don’t want to take calls anymore and i want to take care of myself, am i still entitled to my back pay?

    [Reply]

  113. Hi Mr. Ted,

    Instead of terminating me, i was asked to resign by boss. Nagsubmit ako ng letter of resignation and hindi ko na hinabol yun mga natitira ko pang benefits kasi alam kong nagkamali ako. Pero i was asking a certificate of employment kasi need to work again. Pero ayaw akong bigyan. Tama po ba yun? Please advise. Thanks

    [Reply]

    bluegrifter Reply:

    Olive Comment:
    May 27th, 2010 at 02:17 pm

    Pwede po bang humingi nang certificate of employment kahit na terminated sa isang kompanya?

    [Reply]

    Ted Ferrolino Reply:
    June 2nd, 2010 at 10:53 am

    Karamihan ng mga employer ay nagbibigay ng certificate of employment kahit pa sa mga terminated employees.

    Note: Sa ngayon, wala pang batas na nag re-require sa employer na mag-issue ng certificate of employment. Sa pagkakaalam ko, me nakapending na batas sa kongreso ukol dito mula pa nung 2007, pero hindi pa ito naipapasa.

    [Reply]

    personnel Reply:

    Hi, your reply is dated June 2, 2010. Does that still apply now 2012 August 02.

    Are there any updates for that pending law filed in 2007?

    [Reply]

    Joel Reply:

    Hi sir, same question as above, wala p rin po ba requiring coe for a terminated employee upon their request?

  114. christian Comment:
    July 4th, 2012 at 10:20 pm

    Hi

    My friend has been terminated or not been regularized. She passed the regularization exam which is one of the requirement to be regularized but her team leader didn’t recommend her for regularization and they said because of an error but no written warnings or any sanction was given to her of the said errors she encountered during work. her evaluation scores also where constantly increasing so it was a big question why she was not regularized but got terminated.

    Does she have any grounds on this if he will report this to DOLE?

    You advice is greatly appreciated.

    Thanks!

    [Reply]

  115. I have been working with my company for more than 8 yrs. as an Computer Technician. We have a regular client that became a family friend (very close family friend) for almost 3 years now. As he became very close to me and my family, he usually visit me regularly and sometimes bringing his computer and other gadgets for me to fix it. and as a friend I usually didn’t bother to charge him of any fee unless he wants me to buy him some spare parts directly from our supplier. So this scenario continues until my wife learned that our friend has been cheating his wife and using my name as an escape goat. my wife asked me not to do any favors for him anymore, and this started the end of our good friendship. Now this guy wants to get even with me and my family, so he started to talk to my employer and mentioned that I have been servicing him outside the company’s knowledge and charging him cheaper fees and selling him cheaper parts and so on.
    Now, I would like to know if it is legal for my employer to entertain this person and continues to have a secret meeting with him for already 1 month fishing for evidences and plotting baits for me to be caught red-handed? (somebody very close to my employer has mentioned this to me) for a month already, my employer never mentioned to me anything about him nor confront me about whats happening. Is it legal for my employer to listen to him and started investigating without informing me personally? Isn’t it that I should receive an NTE first before the Formal Investigation?

    [Reply]

  116. what if an employee was terminated due to acceptance to other employment and it was not entitled to separation pay,is it valid?

    [Reply]

  117. hello. my contract started november to december as initial contract. then nasundan po ng december – april. pero nung feb 3, nagbigay ng panibagong contract ang company ng feb – june, with different work days, yung manday to saturday ko po naging monday to friday na. nagfile po ako ng resignation ng july pero hindi pa po nai-serve sa akin yung next contract ko at wala po akong pinirmahan na contract. nagsend po sila sa akin ng extension of contract kahapon na matatapos daw po ng august 15 2012, in form of letter. ang tanong ko po, maaari po ba nilang gawin yun, gayong nagresign na po ako at wala po akong pinipirmahang contract? may grounds po ba sila para hindi ako paalisin sa company despite the fact na nagresign na po ako? sabi po nila ay ako po ang magte-train sa kapalit ko. ano po ang maaaring kong gawin? ayaw ko pong dumaan sa punto na kelangan ko pong sumangguni sa DOLE para lang po hindi na makapasok. sana po ay masagot po ninyo ang mga tanong ko. maraming salamat po.

    [Reply]

  118. A probationary employee resigned after less than 2 months of employment. Is the company required to give him a certificate of employment?

    [Reply]

  119. Hi just a question I’m still at a probational Employee status and was dismissed without prior notice. also the reason for our dismissal was the client of our employer has filed bankruptcy. am I entitled to any claims like severance package, nominal damage? also can we file this a legal appeal?

    [Reply]

  120. Good Day!!

    I worked as a call center agent for this company for almost a year (11mos and 16days), I was terminated last July 16,2012, for accidentally falling asleep while on a call last July 2, 2012…(due to the medications that i took earlier before the shift). They also accused me of Coercing or intimidating co workers and deliberately restricting output which i refused to accept, what happened was, I was overbreak by 10 minutes that same day because i had to sleep at our pantry because i was not feeling well, and i casually asked the point of contact (Acting Sup for the shift) if it’s okay that i would not take my 10min bio break for the shift so that my status would not be tagged as overbreak on the end of day report. I had no idea that one of the agents filed an incident report about my Overbreak and the incident that i casually asked the POC about my overbreak status, The POC did not file an incident report and she told me that HR asked her to, she refused because she does not see it as anything close to what they are accusing me with.. the Incident report was submitted to my tem leader but she did not notify me about it and just escalated it to our manager, so i was caught unaware when our manager served me the notice of charge and investigation last July 10,2012, they also had me put on preventive suspension for 5days effective July 10 and was asked to return to the office on July 16, 2012 10am for what they called notice to be heard, I requested for that meeting to be recorded and the presence of our senior HR manager because i am under the impression that the hearing will be somewhat biased.. Come payday July 13,2012 i was shocked that i had no salary on my ATM and that’s the time that i learned that they have put my salary on hold because their reason was i am on preventive suspension, i was so devastated because i really have no money that time and add to the fact that i have 3 kids and a family to support,.. i told them that my other co workers that underwent preventive suspension was able to get their salary and they started giving me the reason that my case is different from theirs…During the course of our notice to be heard hearing, i refused to accept the other allegations ( Deliberately restricting output and coercing or intimidating co workers) and was demanding for another hearing this time with the senior HR manager present as well as the person who filed the Incident report and the POC for that shift. it ended with us agreeing to set another hearing on July 19, then when i stepped out of the room our manager and HR manager talked then when they came out they informed me that our Operations Manager (a Pakistani) wants to have a word with me 4pm that afternoon, when i was talking to the Om, she did not even read my explanation and said that the transcription of the call proving that i fell asleep is more than enough to terminate me and she does not care with the other accusations.. she gave me an option if i want to tender resignation and render 2 weeks notice or be terminated, i chose termination because resigning would mean that i am accepting their accusations about me.. they also released my salary for July 16 that same day after they terminated me.. The next action i took was filing a complaint against the company, i went to NLRC and filed a complaint about illegal termination, non payment of salary and also asking for moral and exemplary damages, i also filed a complaint that we don’t even have a company nurse or certified first aider at the office because an incident happened wherein i had to rush myslf to the hospital while on duty because of severe nape pain and dizziness, our office is located 200 to 300 meters near St. Lukes Global city, i have informed my TL about my condition but she just told me to text her how i was doing and did not have someone escort me to the hospital, We have no company nurse and no first aider at the office and also they could not find the device for taking blood pressure at that time… and that incident happened June 3, 2012.. we will have a hearing this August 22 at NLRC, and i learned that they received the notice last friday (August 3), they sent me a notice that i was able to receive last August 4 (Saturday) stating that my final pay or back pay check is ready for pic up on August 6 between 1 to 3pm.. I know that upon releasing of this, they will make me sign a waiver of quit claim right? will it nullify the complaint that i filed against them? I really need your opinion on this please… what i’m planning to do is go to the office tomorrow at the said time and inform them to just give me the check on August 22 during our hearing with the arbiter… i want the arbiter to decide if what they did to me is just.. My family does not even know that i am terminated because i don’t want to put them under the same stress that i am in right now, i am currently applying for a job and hopefully would be able to start on August 13.. Can i also demand payment from them for the days that i was not employed? Your opinion on this would be greatly appreciated.. Thanks!!!!

    [Reply]

  121. Hi,
    I’m on my 6th and last month sana as probationary employee para sa isang BPO Company.. then my manager issued a termination without any notice,effective today na. This is due to performance issues daw. I haven’t had any memos or show cause warnings regarding that before. What can I do?
    Can you guide me on how to properly file a complaint against them? Maraming salamat.

    [Reply]

  122. I verbally informed my boss that I will be resigning from the company more than 30days. Nagpass din ako ng resignation letter after 10days. Mahigit one month naman ako nagtender ng resignation. It happened na hindi ko na natapos yung days na pinangako ko which is more than one month (i agreed na more than one month kasi crucial yung position ko sa company). I needed to go abroad na to work kaya hindi ko na rin natapos yung ipinangako ko. I was not able to endorse anything kasi masyadong naging choosy sa kapalit ko. I was running out of time kaya umalis na ko. Hindi na ako nakapagclearance and all.

    Ngayon, I needed to obtain a certificate of employment i contacted my boss via email pero hindi cya sumagot, pinatawagan ko cya sa mom ko and galit na galit yung ex boss ko. Kesyo hanggang langit daw ang galit nya sa akin and she will just try na makapagrelease ng COE.

    I know mali ang nagawa ko, pero sana naman hindi cya sa ganun sa nanay ko.

    Please advise kung anong gagawin ko po.,

    Thank you.

    [Reply]

  123. If you did not notify your immediate supervisor on a daily basis within the duration of days you were out, then it’s no call no show, how else are they to find out that you are not going in for X number of days unless you advise them? This is a case of simple negligence on your part, had you have the initiative to call / text / your supervisor / HR employee relations / Sick hotline which will not have taken 5 minutes to advise “I am still unable to report to work tonight due to..” on each day you were out, then you wouldn’t have been tagged as NCNS.

    [Reply]

  124. panu po kung ayaw ko magparegular end of contract na ko at nagnotice ako 1 month sa HR. binigyan na ako ng clearance pero ayaw pirmahanngayon dahil need daw resignation letter. pag end of contract po need pa ng resignation letter?

    [Reply]

  125. hi,ask ko lng po kung tama bang bingy skin ng certification ng compny ay kunanung huling job mo bgo ko ng resign?im previosly employed as checker ifor years and monitoring staff for more than a year with same company.thanks

    [Reply]

  126. for correction po pla.4years as xhecker and 1 and .half years as monitoring staff

    [Reply]

  127. Sir,

    Badly need your advise.
    My situation…
    1) Salary only given every end of month – always late by 5-10 days
    2) 6 years in co. already, but they did not confirm me as regular employee
    3) My boss is citing me for “SERIOUS MISCONDUCT” on the grounds of misappropriating co. funds under company code of conduct. The co. code of conduct was never explained to me, or was I given a copy. My boss sent me an e-mail letter to explain the issue.

    My questions:
    – is e-mail accepted as formal NTE in Philippines?
    – the accusation stems from my delayed pay’t of utility bills, which I explained to HR as case of delayed scheduling. My boss still insists I used funds for personal use and accused me of misappropriation for advancing funds from co. Is this considered SERIOUS MISCONDUCT?
    – Can this be ground for termination?
    – I have not replied the e-mail bec. they may use it against me. What advise can you give in approaching this?

    [Reply]

  128. Hi. I badly need your help po. i’ve been working with my current employer for almost a year now. This is the third account that I have for this company (call center/BPO). Ill go straight to the point po sa issue ko. almost 2months na po na rampant ang tanggalan na nangyayari sa account namin. Wherein I know na illegal ang iba kasi po some of my friends was forced to submit their resignation kasi po the option nibibigay ng management is “EITHER WE TERMINATE YOU OR YOU RESIGN….” So si agent walang kamuwang muwang napipilitan mag-immediate resign kahit walang isang NTE na niserve sa kanya.
    Going back to my issue, it’s been a month po na nasurvive ko ang mga cases/issue na pinupukol sa akin ng management. And I really find it so STRESSFUL. Di ko na isa isahin pa kung anu man yung mga past issue na na-acquit ako. This issue po ngayon eh talagang kakaiba for me dahil I was served for an NTE wherein it’s for ‘FRAUD” that could lead for possible termination.
    Their grounds po is I processed a sale kung saan po nag-agree si customer to avail the service. Kausap ko sya nung una through chat wherein the customer clearly stated na”GO AHEAD SIGN ME UP…” so as a response, sinabi ko “wait i’ll call you.” So lahat po was properly documented and for the charges it will be added naman po ontop of their next monthly bill.
    I was not knowledgeable na bawal and pag-call back kay customer kapag nag-agree sya na mag-avail ng service offered. As far as my knowledge, pwede tawagan si cust as long that it is a sure sale. Moving forward, nagkaroon na ng hearing. during the hearing, tinanong ako and sinagot ko naman po ang lahat na totoo. They asked me kung ano ang pinakalast na update na alam ko tungkol sa LOB so sinabi ko po na TL will be selecting number of agents within the team to do the support.
    After ko sinabi yun, sinabi ng ER na nung July 30, meron update na kinascade wherein di pa sya tapos magsalita when i interrupted him and said.. “ay sorry, I’m not informed of the said update kasi po absent ako nung mga panahon na iyan..” Tinanong nya ako kung im sure and will i be able to prove it…?” so sinabi ko na kaya ko patunayan and sigurado ako dahil July 28 im on OFF tapos July 29 to August 1 may sakit ako. So August 2 na ako pumasok ulet. Binigay nya sa akin yung sign-off sheet that was dated July 30, 2012 and pina-identify kung kilala ko yung pirma. I was shocked kasi I saw my signature that was affixed on it. So I said na its my signature pero panu mangyayari eh absent ako. Sa sheet na yun 5 lang ata kami nakapirma and yung mga nakapirma ay wala na sa company namin. Lumabas ang minutes and they are forcing me to sign it for the acknowledgement wherein I refused NOT TO SIGN IT kasi ang nakalagay dun was ‘AGENT ACKNOWLEDGE THAT IT WAS HER SIGNATURE etc… pero di nila nilagay na on the contrary I said that I was absent and kaya ko patunayan….” Sabi ko po papakita ko muna sa legal adviser yung paper na ask nila papirmahan sa akin pero ayaw nila ipadala. Just now, I was informed that ready na yung paper ng Minutes and they revised it. So kung may legal adviser daw po ako magset-daw po ako ng time for the appointment para makausap ng Employee Relations Officer ng company namin.
    So tanong ko po sana kung ano ang laban ko and kung baka nmay maitulong kayo na tumayo na legal counsel ko kasi po mag-isa lang po ako sa buhay dahil patay na po dad ko.
    Sana po may mahabag na makatulong po sa akin. D ko na po alam kasi what gawin ko and financially speaking sapat lang po kinikita para sa everyday needs ko po.
    thank you so much.

    [Reply]

  129. I work for a corporation engaged in different businesses. Poultry Farming, Feed milling, Building rentals, retail merchandizing, Each of course with their own business permits and scopes of work. Does my employer have the right to just transfer me from one business entity to another? i.e. From being Operations Manager of the feed mill to Building Administrator of the Building rentals.

    [Reply]

  130. good day sir.

    just would like to ask. if and when an employee is terminated due to absences without notice, will he receive any from the company? meaning, do the company need to pay his last pay (last salary, 13th month, SL/VL conversions, tax refund?

    Thanks.

    [Reply]

  131. Hi Sir Ted,

    Just want to ask po if automatic regular employee na po ba pag lumagpas na ng (6) six months ang probationary period? what if wala pa pong pinapapirmahan na new contract? In my case po kasi I was hired last Nov. 21, 2011 – April 21, 2012 as probationary and then nagpasign ulit ng new contract extension for (1) one month of my probationary period April 21, 2012 – May 21, 2012. Until now po October 22, 2012 wala pa po akong contract na napirmahan kaya po gusto ko po malaman kung automatic na po bang regular employee kahit walang contract?
    Please help me on this po.
    Thanks and more power po.

    [Reply]

  132. kapag ba tinerminate ka wala ka ng matatanggap na back pay o kaya 13 month pay if ever na ngayon ka natanggal at malapit na magpasko?

    [Reply]

  133. hi,

    I just want to seek for a legal advice. I am a regular employee as a call center agent for almost 4 years now. I am scheduled for admin hearing due to failing performance of my stats, lates and absences in which I am aware that they can terminate me for this grounds. I just knew that I am pregnant for almost 2 months now. Can they still terminate me on my case?

    Thanks

    [Reply]

  134. Louie Frank Cabaña Comment:
    November 26th, 2012 at 07:47 pm

    Sir question ko lang po: casual po ako sa Comelec for 12 years and physically handicap po ako, sa loob po ng sampung taun ko dun wala po akong maling nagawa at napatunayan ko po na maipagmamalaki nila ako sa departamento kahit na ako ay isang may kapansanan, dumating po yung pagkakataon na nagkamali ako and i admit it, kinupya ko po kc yung file ng ITD na mga deleted person sa ARMM sa Munisipyo ng Tugaya, Lanao del sur, and binigay ko sa inaakala ko na kaibigan ko. ang masakit binenta nya po iyun and ako pa ang nadiin at ni hindi po ako nagkaroon dun kahit piso. in short Termination kc po una mali talaga yung ginawa ko 2nd casual lang po ako, ang question ko lang po may benifits pa po ba akong makukuha? like leave credits and separation pay? humihingi po ako ng tulong na masagot nyu po ito kc kawawa naman po yung mga anak ko. maraming salamat…

    [Reply]

  135. Hi Atty. I just would like to clarify with you a few labor standards… When we say ample for the employee to be heard and to explain himself, in our comapany for non terminable offensene we are given 2 days to respond while 5 days for terminable offenses. May i ask if this days are working / business days or calendar days? Does this matter? And can the representative or cousel of an alleged emeployee talk during admin. Hearings? We were told that we can bring a representationand if we bring a lawyer they are not allowed to speak during our hearing because they said that rules of court does not apply in a company… Thank you.
    ginger

    [Reply]

  136. pwede po ba magtanong dito about business ethics?

    [Reply]

  137. I was offered for voluntary resignation and benefits, I just wanna know, who is responsible for the date of my resignation to take effect and is there an allotted time for me to think and decide before I accecpt the offer?

    Thanks! God bless! More power!

    [Reply]

  138. Hi Atty.

    May I ask if pwede ko ba gamitin yong previous employer ko for applying another company that I had been terminated with cause?hindi ba ito magiging balakid ko in applying jobs to potential employers?I was terminated last June 2012 but until now I did not received the Notice for Termination? Pls enlightened me on this..Maraming salamat po.

    [Reply]

  139. Eric Cabrera Comment:
    December 16th, 2012 at 03:23 pm

    Legal po ba na mag set ang company upon hiring ng three year contract base sa pinirmahan mo na nagsasabi na pag nag resign ay magbabayad ka ng kaukulang pera dahil sa training na tinanggap mo.

    [Reply]

    admin Reply:

    Legal po at kinikilala ang batas ang ganyang provision sa employment contract. Ang pagbibigay ng training sa isang empleyado ay maituturing na investment ng employer. Dahil isa itong maituturing na investment, karapatan ng employer na marecover training expenses nito mula sa serbisyo ang empleyado.
    Dapat din nating tandaan na ang anumang kontrata na boluntaryo nating pinasok o pinirmahan ay kailangan nating igalang. Maliban na lang kung tayo ang tinakot or pinuwersa lamang na pumirma dito, hindi natin ito basta-basta mapapawalang bisa.

    [Reply]

    Pinay Citizen Reply:

    Please help to enlighten me. I’m a regular employee from an IT company for 10yrs as one of the sales employee. As a sales employee we were given a monthly sales quota which is indicated on our Work Objective that we usually sign every 6months or every year. Just this year, our company strictly implemented to issue a memorandum to sales employee regular and probationary on a monthly basis for failure to meet atleast 80% of your required monthly quota. On the first month of failure, the company will issue a written warning, on the 2nd month of failure a written final warning will be issued and on the 3rd month of failure a letter of termination as may be recommended by the immediate head will be served. As a regular employee for 10yrs what will be my rights in case a termination letter will be served to me.

    [Reply]

  140. hi,valid po ba na pagsamahin sa isang NTE ang dalawang case.kasi po kinasuhan ako ng fraud due to invalid sale pero may evidence ako na walang fraud na nangyari then nakalagay din po dun yung attendance issue sa kin which is parang dinagdag nalang para lumala ang kaso ko.

    [Reply]

  141. hi sir,

    i just want to ask naka final written ako pip po ako pra sa isang kpi since last year and then hinold nila last august yung pip and then this year last jan.3 2013 niretrieve nila yung pip and then maghehearing daw sa januray 4.Most cases sa company namin hinehearing nila ng 1 day lang then after an hour or 2 terminate na agad ang employee..hindi rin sila nagbibigay ng notice na termed kana at wag ka na pumpasok..ginagwa nila pinapapsok pa nila yung employee pinagtatake ng calls ngg 8 hours then biglang ilolog out sasabihin punta ng hr pagdating ng hr termed na..may violation ba ang company sa gnaitong ginagwa nila?

    [Reply]

  142. sir i would like to ask di po ako habitual nanag absent kya lng this last december i went to work on half day my Operations manager files a case against me, then on jan 1 i got sick called her about it then i was given by the doctor 2 days rest so i did not call her on jan 2 when i came in sinabi nya mag file daw sya ng case against me becuase di ako tumwag ng jan 2, but i presented her the med cert for the 2 days, pumasok po kc ako even di pa masyado magaling para wla syang masabi so what happened i lost my voice PAOS namaga un throat ko kc pinilit ko sbi ng clinic kumuha daw ako ng med cert so i did, then i went to the office this was on jan 5, and i was sent home called my OM then she got mad and sbi ko OM isang araw na pahinga lng binigay sa akin next week papasok ako then she told me wag ka mag alala malapit ka ng mag pahinga, reported the incident to HR, puede ba ako tangalin dahil sa ganun incident, in case may hearing ako tapos terminate nila ako puede ba ako pumunta ng NLRC to dispute my termination thank you

    [Reply]

  143. My supervisor issued an incident report of which the subject of offense is being absent for 1 day. The said incident report was endorsed to HR for appropriate action. I asked for a copy of the incident report from my immediate supervisor but I was told that he have submitted it to HR and was advised to just get a copy from them. I then proceeded to HR to secure a copy and to my surprise the said incident report has alterations stating about a fraudulent act that I have committed. These alterations however where hand written and was initialized by one of the managers. I believe that my rights has been violated on this. I have a proof – a screenshot of the original incident report that was served to me by my supervisor. Now I am currently suspended for 30 days and still awaiting for advised from them on the hearing date. Please advise.

    [Reply]

  144. regarding Art. 281. Probationary employment.,,,,it says “The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement….”

    does it also apply in terminating a “probationary employee” to have due process of termination just like a regular employee has? I mean, probationary employee SHOULD also receive NOTICES in writings prior to event of termination? or kahit wala na? THANK YOU VERY MUCH

    [Reply]

  145. Ana Mae Durana Comment:
    February 3rd, 2013 at 01:04 am

    Need help po ..

    naterminate po ako due to more than a month of absence. pero i notify my manager and my operation manager na nagkaproblema sa bahay kasi i found out na buntis ako and pinalayas ako tpos nung time na papasok na ko my father got hospitalized kasi na stroke ninotify ko ulit mga boss ko .. tpos hindi nila ako pinadalan ng rtwo pero bago ako mag absent meron na kong admin hearing papers .. pa advice naman po kung anu dapat ko gawin .. thanks

    [Reply]

  146. Ask ko lang po di ko lang po matanggap na terminate po ako 5 po kame na staff reason alam ko po ehhh mataas po ang labor ng store at madame kase staff terminate po kame sa walang valid reason pero wala po ako na sign na
    Contract…nag sign lang po ako sa training contract nag work po me less dan 4 months may laban po ba ako if mag labor ako

    [Reply]

  147. Orlando Galgana Comment:
    February 14th, 2013 at 10:33 pm

    In case of termination with just cause, emailed July 31 after office hours and personally served only upon clarification with my superior the next day Aug 1 11am at walang prior notices may NTE ng Mar at clarificatory hearing ng Aprl valid po ba ito? My last pay was hold and after 6 months they gave notice Jan 7, 2013 may liabilities pa daw ako sa company due to RSA return service agreement for trainings and travel related to work that I need to pay the company acceptable po ba ito? kung di pa ako mag follow up ay di pa ako ma assist. It was so traumatic and I was caught un preapared. Case was Feb 2012 at natapos ng July after the peak and busy period namin ng April-June mukang ginamit muna ko saka ako tinerminate also may mga gamit ako sa office at di raw pede kunin kakasuhan daw ako.

    [Reply]

  148. Hello,

    I want to know if I can still resign even if I’m under disciplinary action. Should my company allow me to? Would the disciplinary action reflect on my files? My supervisor said that I can’t resign because I am under disciplinary action. Please respond. Thanks.

    [Reply]

  149. Hi,

    Ask ko lang po. Terminated po ako and I have a bond of 100k if naterm po ako within 1 year or nagresign before my 12th month sa company.

    I already received an email asking me to pay the 100k. And I replied na I cannot pay the amount kasi malaki and I am currently unemployed and I do not have the money nor properties to sell just to pay the bond.

    Now, I would like to request for Certificate of Employment from them. Pwede parin po ba akong magrequest ng copy or hindi kasi hindi ko pa nasesettle yung bayad sa bond?

    Me batas po ba about requesting a certificate of employment for terminated employees?

    Maraming salamat po

    [Reply]

    Joel Reply:

    any latest update with regards to your concern?

    [Reply]

    Joel Reply:

    hi bea, we actually have exactly the same scenario and i think the same company which i worked with from 2008-2009. have you tried requesting for it? this will be the 1st time i’ll be requesting for it since it’s a requirement on the new company i’ll be working with

    [Reply]

  150. dina recheal Comment:
    March 1st, 2013 at 10:30 pm

    ako po ay cashier ng isang kompanya. ang branch manager po namin nanghiram ng 1600 pera ng kaha o benta namin ito na hindi pla alam ng aming operation manager,.binigyan ako ng show cause on nov30 2012 dahil my nag audit po sa akin na teritorry admin supervisor. on dec.31 na demote po ako. after 1 month jan 8 nka receive po ako ng 15 days preventive suspension and admin hearing dated jan. 11.. pero hindi po nkarating ang tas nmin kya through cellphone conversation nlng po.. on jan. 24 binigyan na po ako ng termination notice.. valid po ba ito?

    [Reply]

  151. ako po ay newly regular mga 1 month pa lang, pero under agency 2 yrs working in the same manufacturing company and upon random drug testing i was become positive, after 2 weeks kinausap ako ng HR n positive daw ako sa drug test, pinag reresign ako pra ndi raw ako terminated..tanggal po ba agad sa trabaho ang first offence, wala na po ba yan counseling lalao n kapag implemented ang osh sa company.

    [Reply]

    Brena Reply:

    Please help to enlighten me. I’m a regular employee from an IT company for 10yrs as one of the sales employee. As a sales employee we were given a monthly sales quota which is indicated on our Work Objective that we usually sign every 6months or every year. Just this year, our company strictly implemented to issue a memorandum to sales employee regular and probationary on a monthly basis for failure to meet atleast 80% of your required monthly quota. On the first month of failure, the company will issue a written warning, on the 2nd month of failure a written final warning will be issued and on the 3rd month of failure a letter of termination as may be recommended by the immediate head will be served. As a regular employee for 10yrs what will be my rights in case a termination letter will be served to me.

    [Reply]

    admin Reply:

    You have the right to due process, i.e, the right to know the reason or basis why you are being terminated, the right to defend yourself (to explain why you should not be terminated), and to be informed of the management decision.

    If at the end of this process the management decides to terminate you, you have the right to question the management’s decision by filing an appropriate case (e.g, a case for illegal termination) with the National Labor Relations Commission.

    [Reply]

  152. Noel Manhilot Comment:
    March 9th, 2013 at 02:00 am

    Is there any law in the philippines to sue my former employer for deducting 4,000Php to my last salary for not rendering 14days

    [Reply]

  153. Hi. im an HR supervisor in a call center company and currently handling a case on Excessive absences of a pregnant Project-based employee.
    Here are the details of her absences since Dec. 14, 2012:
    Dec. 14, 2012 – due to backpains and was diagnosed with Thora-columbar scoliosis and was advised to rest by her physician (Rest from Dec. 14-20, 2012).
    Dec. 20, 2012 – EE submitted again a new medical cert stating that she needs to undergo MRI of LS Spine, and did not report for work until Dec. 23 because, according to EE, she needs fasting, but no rest was indicated on the med cert. Also,our company physician contradicted since such test does not really require fasting.
    Dec.24-25, 2012, EE was still absent due to hypotension, which she mentioned that she was confined in a hospital.
    Dec. 26, 2012, she was given med cert indicating that she’s cleared from hypotension but needs to rest for 7 days (Dec. 26-Jan.1) to recover from hypocalcemia and dyslipidemia.
    January 3, 2013, EE again presented new med cert indicating that she needs to see a Hematologist but no advice to rest was indicated.
    Jan. 4-7, 2013, EE was absent because according to her there is no Oncologist in their area and still needs to set an appointment in one of the hospitals in Manila which is open only on Tues and Thurs. This was however negated by our company nurses as EE already submitted a medcert before who resides within her vicinity.
    Jan. 8, 2013, EE submitted new med cert stating that she needs to undergo series of blood tests and was advised to rest until the results are given (Jan. 9-14, 2013).
    January 15, 2013, EE’s medcert showed that there was no recurrence of her cancer (she was diagnosed with Kidney Cancer on 2011), but has hemorrhoids, and early signs of pregnancy. (Due to the radiation, her OB advised her of possible abnormalities on the baby).
    Jan.16-21, 2013, EE is still absent as her OB would not allow her to work due to her complicated pregnancy.
    January 22-24, EE was absent as advised by her physician due to hemorrhoids.
    Jan. 25, 2013, EE was given Fit to work clearance from her OB
    Jan. 28, 2013, EE reported back for waork after submitting a FTW clearance from her Onco.
    Also, EE has already undergone 3 admin hearing with HR and the company would always consider her absences and reclassify her absences to a lower sanction. However on these recent absences of EE, will it be valid to terminate her employment due to excessive absences, given that she is still the “5-year recovery stage for cancer” and pregnant? It is also noted to say that she is aware that she shouldn’t be pregnant due to her situation, at the same time she is always seen by her officers smoking during her breaks.
    Thanks you!

    [Reply]

  154. Hi!

    I’m a call center agent and was about to resign and render my 30 days notice (submitted on the 18th. However, my supervisor didn’t process my resignation right away and on the same day she issued another final warning due to unauthorized absence. I have spoken with my HR andwas given until the 24th to submit my explanation (NTE). I was informed that if my status is “Termed”, then they will not give me the 5-year retirement pay”(which was the only thing that kept me from resigning from my company). I’d like to know if there is a standard timeframe on when the commpany can schedule a hearing? Is it within 24 hours from the day I submit the explanation? How about their notice of decision? My HR advised me to submit a resignation on the 24th effective on the 25th. My restdays are Sun and Mon. On the last week of April I’ll be on leave on Tues (29) and off swap sched on the 30th. Can they issue the decision even without me in the office? Or do they have to wait for my presence for me to acknowledged it? I need your feedback. My target date is May 1, which is past our pay cut-off so I can still receive my salary on the 10th.

    [Reply]

  155. Hi. we have a probationary employee (going 4months already) and she was diagnosed with Pulmonary tuberculosis. I would like to ask if we can immediately terminate her. It is clearly stated in her contract that one of the ground of termination if she is inflicted with any diseases especially tuberculosis.

    hope you can enlighten me asap.

    thanks in advance

    [Reply]

  156. Hi,Almost 2 years ago na hire po kami ng isang agency na magtrabaho sa isang offshore job abroad.Kami po ay pinag training ng company batay sa aming trabaho.
    Pinag pirma rin kami ng agency dito sa Pilipinas na sumasangayon kami na magtatrabaho kami sa loob ng 3 taon upang bayad sa ginastos sa training.
    Within 2 years employed sa agency, napag trabaho po nila ako sa labas ng 2 beses lamang at sa ngayun naka istandbay ulit ako dahil walang exact rotation ng tao na magtatrabaho.At saka yung sweldo namin tuwing naka istandbay ay nasa contrata ay dapat 100% nung basic salary kung nasa offshore task,kaso ang nangyari ginawa nilang 50% lang na walang consultasyon.
    Sa ngayun plano kung mag resign dahil hindi naman na meet yung usapan na :
    (1)dapat 100% yung istandbay pay sa case ko 50% lang natatanggap ko
    (2). walang specific na rotation ng tao sa trabaho
    (3). delay ng ilang araw ang sweldo sa tao.
    Tama po ba ang gagawin ko na mag resign?
    Tama po ba ang ginawa nila na i hold yung training certificates?papano ko mababayaran ang training kung hindi ako makakakita ng trabaho dahil hawak nila ang papeles ko?

    Salamat po,
    raxtman

    [Reply]

  157. Mai Babia Comment:
    May 16th, 2013 at 08:10 am

    gud day,

    i am from a cooperative. Meron po kaming regular employee na nag submit ng resignation. Hindi pa po namin inaaprove dahil my policy po kami na kailangan po ng 1 month turn over period. during our conversation nag approve namn po sya na papasok pa sya. binigay ko pa po ung sweldo nya for that cut off. but the following week hindi na po sya pumasok. nag bigay po kmi ng notice na kelangan nya mag report and nalaman nlng po namin na nag tatraining na nsya sa ibang office… anu po ang pwede namin i kaso sa kanya dahil marami po syang pending duties na tuwirang pinabayaan? pls. reply. thanks po…

    [Reply]

  158. Ayaw pirmahan ng supervisor ko ang clearance ko. Is it against the law or they have the capability to reject signing clearances?

    [Reply]

  159. I submitted my resignation letter last April 3, 2013 and my last day supposedly is May 29 but due to circumstances I did my last day on April 24 without informing them.but I already the copy of the acceptance letter of my resignation.with this situation can I still get my back pay,13th month pay and tax refund.please help.thanks a lot.

    [Reply]

  160. I have a question regarding termination. I hope you can help & respond through my email. I was given NTE & we had a hearing because i was absent due to medical condition. I gave all supporting documents & after the hearing was advised that I will be reinstated. I submitted fit to work but I was not able to go back to work immediately because the company was not able to verify my document asap. I had to call my company’s clnic and call the clinic I had my check up with just so they can validate it so that i can go back to work and this took a month. I finally got back to work thinking everything was ok as the company reinstated me. After just a week of going back to work and waiting for a month they served me a termination letter then and there. I was caught off guard as i thought everything was ok as i was reinstated and gave all documents needed such as medical certificates. I was not notified that i was to be termed, cornered and had me sign it with no choice what so ever. The reason in the term letter was not accurate as all documents i submitted did not match their reason. Is there any chance i can fight for this case? And if so, how do i go about processing it. Thank u.

    [Reply]

  161. I am a regular employee in a company in Makati. Based on our employee handbook, am employee who is late for 4 or more times in a month for a total of 5 minutes for first offense is Verbal Warning, for second offense written warning, for 3rd offense 3 days suspension, next is 7 days suspension and last is dismissal. I was late on July, October, and December, but unfortunately i was not issued a showcause memo or written reprimand for July, October, and December. The only time i was given a memo was January 2013, and they gave all 3 memos for July, October and December which is 3 days suspension. Is it valid and legal? The employees were not informed of their lates and then by the time they were issued a memo, they are already for suspension. The employees were not given a chance to improve.

    [Reply]

  162. hi po coconfirm ko po sana kc nbasa ko po: provision na pwede ndi sumagot o mgresign un employee under these circumstances:

    Serious insult to the honor and person of the employee
    Inhuman and unbearable treatment;
    Crime committed against the person of the employee or any of the immediate members of the employee’s family; and
    Other analogous causes.

    kc po pngbabwalan kmi mgbiobreak at ngdedelete ng leave which is allowable nmn atleast 2 a month kpg ndi nrereach un goal.mcoconsider po n un n inhuman and unbearable?

    [Reply]

  163. Hi, we have a regular employee for 10 yrs already and the company wants her terminated because she is not achieving or reaching quota. When she was transferred to another brand she went on a probationary period and this is what was stated “It is understood that during the entire period of your employment, you shall abide by all existing company policies, written or unwritten, as well as its rules and regulations. As a sales person, you shall be entitled to a sales commission of 5% of your generated Gross Profit for as long as you meet 3x of your cost. Sales commission shall be granted if quota is achieved within a given month or other performance measures, if any, are satisfied.” She received 3 warning letters already and she has written explanation on her 3rd letter. I haven’t given her a notice of termination yet. My question is, her 1st and 2nd notices didn’t required her to write an explanation letter and she refused to sign the 2nd letter, can she file a case against the company? Thank you

    [Reply]

  164. hi sir, good afternoon
    paano po ba may notice akung notice of redundancy, nakalagay dun may separation pay akung matatanggap. nabigyan aku ng notice noong april 16,2013 tapos may 1month exit clearance, nkalagay dun may15,2013 ay wala na aku sa company at mabibigay na ang separation pay. peru hanggang ngayun wala pah. paano po bah yun, makukuha q ba yun? regular po ako.

    [Reply]

  165. Hi. I am a Project Based employee. My contract should lapse on October 2014. I was terminated because I had 4 incidents of tardiness for a month. The last time that I got late was because of a company initiated event in which as an employee, I participated knowing that it would be beneficial for me as an employee and company athlete as well to know my health status. I was deemed late because I was not able to come in on time for the pre-shift meeting. Although the meeting is not being paid, they still find it as enough grounds for my termination. The campaign also has been given autonomy to impose their own policies although the company itself has a different set of policy. On my contract the heather will be the companies name, and although it is a project-based contract I still find the ruling questionable. I firmly believe the punishment does not commensurate with the offenses I have done. Do I have grounds to file for Illegal Dismissal if that would be the case?

    [Reply]

  166. fraud orignal Comment:
    July 12th, 2013 at 03:23 pm

    We are a group of people working for a BPO Company. The account where we belong had problems with our company since March this year. There were complaints from the customers and clients. Some of us were issued with first notice to explain. Until this July 10, the company management suddenly decided to either terminate us or we resign. Most were forced to resign because of shock. Others opted to be terminated. Some of us did not even receive first notice. Is that legal? can the company simply decide to terminate or ask us to resign on the day itself. we were not suspended when we submitted our reply to the first notice to explain

    [Reply]

  167. May i just ask, manghihingi po kasi kami ng katrabaho ko ng cert.of employment sa HR namin pero ayaw kami bigyan hanggat hindi daw po kami resigned. Is that allowed in tge labor code and what is the legal basis of giving a cert.of employment and its sanction sa HR kapag hindi nila kami binigyan. Please answer po. We badly need your reply. Thank you po!

    [Reply]

    HR Adviser Reply:

    There is no provision on the labor code regarding COE. Giving of COE is a company’s prerogative. Why are you asking for COE where infact you are not yet resigned?

    [Reply]

  168. Miksy Sante Comment:
    August 2nd, 2013 at 08:26 pm

    May i ask if was it rightful for my employer not to release my salary (from July 11 – July 26, last cutoff) because he had me terminated 2 days after i went AWOL. I did not receive any notice, my colleagues just informed me that my employer doesn’t want me to go back, I admit to failing to inform my employer that I was going to be absent because it was not planned and it was my fault. But I’m sure there ought to be a notice before my sudden termination. Do I have the rights to claim my last payoff cause I’m so broke and my kid needs sustenance. need help,thanks.

    [Reply]

    HR Adviser Reply:

    You may file for illegal dismissal

    [Reply]

    admin Reply:

    Yes, you are entitled to your salary whether your dismissal is valid or not. It is illegal for your employer to withhold it.
    Regarding your dismissal, there should be due process. You are entitled to a notice to explain, hearing, and a notice of termination. These are indispensable requirements prior to termination. Also, the penalty imposed must be commensurate to the offense committed.
    You may lodge a complaint before the National Labor Relations Commission (NLRC) if you feel that your employment rights have been violated.

    [Reply]

  169. Glenn Rabanal Comment:
    August 23rd, 2013 at 12:49 pm

    Hi Sir, Gusto ko po ng advice..Tungkol po to sa asawa ko , tine terminate po sya dahil ngkamali sya sa pagsulat ng pangalan kasi yong kinopyahan nya na dokumento mali rin.nasa probationary period na po sya pero yong pag terminate sa kanya ng kanyang employer hindi dumaan sa procedural due process, hindi siya winawarningan o kayay
    pagsabihan na e double check mo.ano po ma advice ninyo at ska maaari naming gawin..

    [Reply]

  170. felirose magno Comment:
    August 28th, 2013 at 09:29 pm

    hello!
    I am a contractual teaCher. My problem sir is I am verbally terminated but I haven’t recieved two notices before that. and advice could you give me?

    [Reply]

  171. hi bea, we actually have exactly the same scenario and i think the same company which i worked with from 2008-2009. have you tried requesting for it? this will be the 1st time i’ll be requesting for it since it’s a requirement on the new company i’ll be working with

    [Reply]

  172. na suspend po yung asawa ko for 6 months due to unjust grades given to her students. Now po may nagreklamo na students and parents regarding sa kanya. and nilagay na cause ay gross inefficiency. ano ang dapat naming gawin? how can he face the charges against him?

    [Reply]

  173. Hi Attorney,

    I am in limbo now because I don’t know what to do. I was terminated by a large BPO company without any notices which they claimed they sent me through my address. But believe me I never received one at all.

    On Sept 10 2013 I was removed from the account therefore I was on a floating status. I was told I will be endorsed to another account depending on the availability through text message or calls. At that point my manager and I had an agreement I will apply my LOA( Leave of Absence) while they’re waiting for an available account for me. Weeks have passed I never received anything from my boss or anyone from the company about the status of my employment. On Sept 29, 2013 I decided to visit the office to personally check what’s going on. I was in deep shock to find out that I got terminated for being AWOL which I thought I was on my LOA.

    I talked to our HR manager and discussed with them that I never received a text messages or twin notices which they claimed they sent. I cried and begged for them to accept my resignation letter instead and asked if there was a possibility they can reverse their decision. I tried to bargain because I just wanted to have at least a graceful exit with the company which I served for almost 8 years.

    I just felt betrayed, I swear to God I never received a correspondence from them. I would have wanted to leave a company in good terms. I feel so miserable.

    I just want to know wether I need to consult my situation with DOLE or not. Should I move on and just be practical. I really don’t know what to do.

    Please kindly route me in the right direction.

    [Reply]

  174. rlando banal Comment:
    October 5th, 2013 at 11:32 am

    Sir ask ko lng po tama po b na papirmahin kmi ng resignation pag me nagawa kmi pagkakamali sa work.. gnun po ginagawa smin papasok po kmi ng 8 pm gang matapos po sa pag gawa ang.mga tao kmi po ang nag babantay sa knila mag kakaroon plang po kmi ng overtime pag 9 am npo at isang oras lng. Pag me nagawang mali e suspensyon agad tama po ba iyon? Salamat po

    [Reply]

  175. rlando banal Comment:
    October 5th, 2013 at 11:38 am

    7 yrs npo ako sa kumpanya na iyon pang gabi po lagi pasok ko at ang pasok po e 8 ng gabi at kung ano po oras matapos ang gawa ng tao lagi po at mmadalas po tanghali na ntatapos ang gawa lagi po lampas 6 am wala po kmi o.t. magkakaroon lng po pag sapit nh 9 am at isang oras pa. Natural lng po na nkakatulig ako dahil pang gabi pero dpo buong gbi pag nblitaan e suspensyon po agad ng isang lingo o di kaya po ay agatang pag tangal kase pag makagwa ng gnun pinapirma npo kmi ng resignation para sa susunod tangal agad tama pi ba iyon?

    [Reply]

  176. Blanche Macaraig Comment:
    October 15th, 2013 at 05:31 am

    Hi, I would just like to ask what we can do with my husband’s case. He was terminated because the trainer said that he didn’t pass their extended Abay (training) because his Quality Scores did not reached 85%. Their wave didn’t know that if they will be on extended Abay the score should be 85% but what they know is 80% only (as per the Team Leader). He was given regret letter on their last day of training but was not given any coaching on all of his call audit telling that his quality scores reached 69% only. There was a hearing that happened but they were also including other reasons why he was terminated such as he was caught browsing (but he was not given any Notice to Explain or coaching about it), he was not asking assistance from tenured agents (he got an Auto Fail because of asking from tenured agents before). Yesterday, I asked HR on what is the result of the hearing, I was advised that Training Dept stands firm with their decision that they are terminating my husband. And also they will not provide him any documentation about the 85% Quality score as proof that he was aware of that score and not 80% and also the copy of his grades for QA during Abay. Can we file a case against them for illegal dismissal? Thank you so much!

    [Reply]

  177. Blanche Macaraig Comment:
    October 16th, 2013 at 04:54 am

    Just to add, the total score that was written on the regret letter is 69% but during the hearing the trainer said that his total score is 82%. I only got an update from HR that they have already closed my husband’s case. Can you please give us any feedback about his case? Your reply is highly appreciated. Thank you!

    [Reply]

    admin Reply:

    Was your husband still on probationary status when he was terminated? I ask this because employers have more leeway in terminating (or not hiring) probationary employees who failed to meet the required qualifications. However, as a legal requirement, the law requires the employer to make known to the employee at the time of his employment the standards that he needs to meet in order to qualify. If these standards were not made known to the employee at the time of his employment, there may be illegal termination.

    [Reply]

  178. Hello Good Day.. I would like to seek advise from you. regarding my situation.. I was a regular employee in a BPO company for 3 years but i was terminated by the management last July 01, 2013. The reason was excessive absenteeism.. Is it really a ground for termination? all my leaves was approved by my Superior. I was given a preventive suspension as my second offence. After few days i received a text message.. informing me that i can no longer go back to work because the management has decided to terminate my contract with them.. But they never gave a 30 day notice and they never conduct an investigation.. and i was never given the chance to defend my self.. I would like to ask can i file a case against the company? and what are the claims that i can get from them? can i even file a moral damages against them because i was humiliated by my superior by announcing to the whole team that the Owner wants me to be terminated because i have been working for them for a long time because i am a tenured agent, i am with the company since they started.. Hope for your response Thank you so much

    [Reply]

  179. Maricar Rivera Comment:
    October 23rd, 2013 at 09:40 am

    mag e-end of employment contract po ako sa Nov 17, ask ko lang po kung necessary ba ang notice pag may contract? Naka leave po kasi yung admin namin na siyang responsible sa ganung documents and process, iniisip ko po kasi kung magresign o antayin ko mag end of contract bago maghanap ng kapalit na work. naghihinayang kasi ako kung maeendo ako e walang notice kung magcontinue ako sa company o hindi o ihanap ko na ng trabaho etong last weeks ko para may kapalit agad in case na ma-endo ako. nabawasan po kasi ng trabaho so parang ndi na need yung position ko kaya ko naisip na ieendo ako.

    [Reply]

    admin Reply:

    Normally, when the employment is contractual, a notice is no longer required.

    [Reply]

  180. Hi sir question. Pinadalhan po ako ng company ko ng return to work order. Dahil awol po ako. Pde po ba ako kasuhan at magiging hit ba sa NBI ko yun?

    [Reply]

    admin Reply:

    No, unless they have reasons to hold you criminally responsible for something else. Kung awol ka, ang worst case scenario o pinakamalala na maaring mangyari sa iyo ay sampahan ka ng employer mo ang isang civil case for damages. Gayun man, kaso sibil lang ito. Walang criminal liability, so hindi yan mag hihit sa NBI.

    [Reply]

  181. Nag awol ako kasi hindi ko gusto yung company ngmumura mga boss. Wala akong bond anu pa ba pde ikaso sakin? May pde ba sakin ikaso? Less than amonth lang ako dun.

    [Reply]

    admin Reply:

    Maaari ka nilang i-terminate kung nag awol ka. Kung may damage ang kumpanya, maaari rin silang mag file ng civil case for damages. Kung wala namang damage, walang problema.

    [Reply]

  182. Hello, im under probationary at mag end sya sa Nov. 13, ang problem is ngayon lang nila nilabas (Oct 31) yun appraisal ko covering 3rd to 5th months ko at ang grade ko is lower than 3.0. Base dun sa appraisal evaluation nila, kpag ang grade daw eh under 2.99, immediately daw na under observation ako. Ang tanong ko po eh, legal po ba gawin under observation ako kahit under probationary employment ako? At if i-terminate nila ako before Nov.13, ang reason is di po ako pumasa sa regularization. Tama po ba na i-terminate nila yun employee under probation na wala notice, for example eh by Nov. 12 eh maging last day ko na po? Ilan araw na lang po eh mareregular na ako.

    [Reply]

  183. Hello,itatanong ko lang po,kasi I entered a tutorial company last July 5, 2013. And I told them I was pregnant August 12. Now they said I will be only until December 7, which was okay with me, howver, last friday, they said that I will only be until Friday this week. Is that legal to change the date on the contract without atleast 2 weeks notice?and should I also be able to receive a seperation pay?

    [Reply]

  184. im a part time teacher.. One rule in our school is not to bring phone inside the class. I brought my bag inside my room with my phone inside it. we have locker where we should put our things but unfortunately i was not able to bring my key. So thatvis why i brought my bag inside.. I was given a notice of termination without hearing my side. Is that a proper protocol?? What should i do? Im a fresh grad and it is my frst job.

    [Reply]

  185. i am an educator. every term, we renew our contract. i was issued a notice for explanation regarding a case. but our deam advised that i start looking for job. so i answered the letter, looked and found a job, and then finished the semester, meaning finished my contract. several weeks after, my ex program head told me to go to that school and sign my letter of termination. my point is, can i still be fired when i didnt renew my contract or did not even ask to be renewed anymore? and then he answered that the notice was
    dated during the semester. but it has been more than a month since that “date”. can i be terminated even if i am not employed anymore? also, my program head told me
    that they will send the letter to my current employer should i refuse to sign. should i call this blackmailing? please help.

    [Reply]

  186. i am an educator in a huge university. every term, we renew our contract. i was issued a notice for explanation regarding a case. but our deam advised that i start looking for job. so i answered the letter, looked and found a job, and then finished the semester, meaning finished my contract. several weeks after, my ex program head told me to go to that school and sign my letter of termination. my point is, can i still be fired when i didnt renew my contract or did not even ask to be renewed anymore? and then he answered that the notice was
    dated during the semester. but it has been more than a month since that “date”. can i be terminated even if i am not employed anymore? also, my program head told me
    that they will send the letter to my current employer should i refuse to sign. should i call this blackmailing? please help me on this matter

    [Reply]

  187. Hello all, tanong ko lang, if ang employee po ba na dumaan sa due process of termination, then found out guilty of major misconduct (just causes), do we need to give 30days notice?

    [Reply]

  188. Im on preventive suspension now, and they issue me a letter that my admin investigation was done and waiting for the final resolution of the case. my question is, its already 30 days from for the date of the letter i receive, which is waiting for the resolution of the case, there is a law that indicate that strictly 30 working days from the date of issuance? if beyond the 30 days period the case will be invalid?
    Please help thanks.

    [Reply]

  189. bikwinibottom Comment:
    November 29th, 2013 at 02:40 am

    Hello Atty. Ferrolino, good day! I work for a BPO company for over two years now. The account that I was assigned two with the duration of my service is about to be removed from the company since the client decided not to renew the contract anymore. Said BPO has very few other accounts and they are having a hard time transferring their employees since the account i belong to is their biggest account. The official last day of our account is by the end of this year, they have started moving other agents but rumor has it that there will be agents who will be floating for a minimum of a couple of weeks and a maximum of 6 mos and were told that these “floating days/weeks/months” will be not paid. Is that even legal? I dont have vl credits as of the moment and unfortunately for us, our vl credits are earned every month unlike other BPO’s who credits them all in one go at the start of the year. And do we have the right to ask for a separation pay instead and leave the company since it will be very hard on our end to wait for something we dont know when and if it will come, if ever the rumor is true?

    And on top of that, we can already feel the pressure of the management with removing people. They’ve become more agressive in giving out written and final warnings. Also, if I might consult to you. A friend of mine got terminated just today. He was given a final warning for absence on a critical work day christmas last year and would only refresh after 12 months. He recently had to be absent for work yet again on a critical work day (weekend, I think) because he needed to bring his son to the hospital and his wife was also sick at the time. My friend was able to provide the medical documents and was also able to advise that he will not be able to report to work on said date. What do you think my friend can do? By the way, he did under go the entire process. Admin hearings, written explanation, etc.

    [Reply]

  190. Iggy De Guzman Comment:
    December 16th, 2013 at 11:10 pm

    Hi. My husband is a probationary employee with this situation: He is undergoing a training aand nesting period with a BPO company. After the final assesment that my husband took, he was given a letter requiring his signature that he passed and will move forward to the next phase of training which is A Bay. He passed the mock call during A Bay but after the weekend he was informed that his final assesment failed the clients standard. What can we do as he had already been informed that he passed this assesment witht he local training department and had signed an agreement to move forward in training? He is given an option to rejoin the next batch of trainees without pay on days when this training has not started or leave the company and be unendorsed. Can we file a case with this with the prior signed agreement allowing him to move forward? Thank you very much.

    [Reply]

  191. Hi, im working for a BPO company for more than 5yrs now.
    Something happened last Nov15, 2013. Natime stamp ko coemployee.
    We were given NTE and ung kasama ko for time stamping was terminated na.
    Me upto now hindi pa na hearing process. Its more than a month na pero wala pang verdict or hearing.
    My questions is pwede bang ma dismiss or may days ba for NTE to be dismiss?

    [Reply]

  192. Contractual po ung napasukan ko, I was assigned sa isang multinational company. May tumawag sa office(where I was assigned) informing them na magafafile ng case skin (it’s a personal issue). Kinausap ako ng HR employer ko) to explain, then kinaumagahan hindi na ako pinareport. I signed their final memo because they said they will just pay my 1month salary (As if i rendered one month notice). Then after several follow ups, hindi na dw nila babayaran dahil hindi nman ishoshoulder ng client nila. I am really expecting this money. My contract should be July 22-Dec 22. Hindi na ko pinapasok nov. 15.
    I read my contract about kung kelan ka pwedeng iterminate. Meron doon, if the project ceases.
    Can I file a case to my employer? I was advised by their client pa nman na irerenew nila contract ko until May since d pa tapos ung project. Another thing, kelangan ko pa ba sila ifollow up for my 13th month pay? I was also advised by the HR na antayin nalang sa atm, pero wala pa din ngayon.. PLEASE HELP!

    [Reply]

  193. Limmuel Francisco Simbajon Comment:
    December 23rd, 2013 at 11:27 pm

    treminate po ako sa trabaho dahil sa late and absent makakakuha po kaya ako ng backpay 10500 po ksi binigay sakin kanina yun na daw yun 13 month and backpay ko sa tingin ko po ksi kulang yun kaya di ko tinangap no contract po ako

    [Reply]

  194. HI! Just have here a big concern. Currently we are scheduled of having an Admin hearing regarding my work. BTW, I am working on a call center.

    Supposedly last Jan 1, 2013 we are only allowed to take only one client. What happened was, calls from all other clients came in unexpectedly. To our surprise, we use the After call work which is only used every after call to make documantation. We also informed our supervisor about what was happening and she told us to use the ACW as she is still trying to resolve the issue. Besides, we are only two employees that day. Our US counterparts has no work. Our director from US also had a conversation to us thru chat and he also been wondered why there were such calls coming in. Now, our US counterpart is raising an issue to the three of us for NEGLECTING our work that day. Primarily, it was the mistake of the US when they did not turn off the router that day. And now they’re putting the blame on us. Is it legal for us to be suspended or terminated? Thank you.

    [Reply]

  195. Hi,

    My girlfriend is a pharmacist in one of the largest pharma company in the philippines. we are not yet married and she is currently 2 months pregnant. Her company is asking for (at least) a marriage certificate by the end of the month and is threatening to sanction her and her manager is she can not present such.

    Is giving her a sanction legal? She has mentioned stories of her workmates being forced to get married when they got pregnant.

    Don’t get me wrong. I would marry her but I want to go thru the traditional way. :)

    [Reply]

  196. Rah Zaragoza Comment:
    January 20th, 2014 at 11:20 am

    Hihingi lang po sana ng advice. Yung company po namin na end of training po ako on the day which is supposed to be my regularity date,caused raw po is 2 unauthorized absents dahil hindi raw natanggap ng supervisor ko yung text ko. I have a medical certificate validated by the our clinic and medical files to prove that i was sick pero hindi nila ini-honor.hindi nila ako binigyan ng proper hearing at which is yung end of training form na-issue ng january 10th at nasakanila na,pinagtrabaho muna ako ng one whole shift then binigay ng 11th ng january this year. Ano po ba ang pwede kong gawin? Gusto ko po kasi mag file ng complaint laban sa employer ko. Thank you.

    [Reply]

  197. cherrel binalla Comment:
    January 29th, 2014 at 09:28 pm

    dear sir/madam,
    ask ko lng po kung my chnce pa mabigyan ng chance aq for may past work,,it was 10 years ago almost i was working in a fastfood company..then they terminate me after three days for stealing money..i was not given a chance to defend myself and i was so confused that time…i have no resignation letter submitted and they give me a certificate employee..now even if it is years ago i feel so sad and psychologically affected about the issue that was not given the chance to get the truth.i tried to send a letter to my previous company but they refused to answer my demand by asking about the issue regarding me if the case was solved or not.?Do i have the right to ask this to them since it was not closed in a porper way…they told me the documents are not there to prove if the allegation is truth or not..

    best regards cherrel

    [Reply]

  198. our company is currently trimming down agents due to a business need but not disclosing this to its employee. The company is A BPO.
    what they are planning to do instead is to TERMINATE agents due to PERFORMANCE. The basis will be the 3 months performance of an employee for his termination.

    from my understanding, performance could be a just cause for termination if proper notice is provided. informing the agent that there’s a need to improve his performance to secure his employment. It is also giving the agent a chance to improve his statistic or else could be a reason for dismissal.

    However, the company is planning to give such notice as the FIRST notice and it will be for dismissal already which i believe isnt a JUST CAUSE for termination of a regular employee mandated in the labot code.

    could you help me further understand this. thank you

    [Reply]

  199. my employer sent nte last jan 30. but my schedule was remove jan 27 onwards. i receive the nte last feb 5 and we had a hearing feb 3. i was dismissed due to ncns or no call no show since jan 21st onwards and the nte stated that i have 5 days to explain but i was there in the office and had a hearing with hr. i called at the office jan 23- 24 and notify my team leader to inform why i am absent. after the hearing last feb 3 i was told that i will be receiving the feedback coming from my team leader about the result but ive waited for almost a month and we had our final hearing last tuesday snd i was dismiss by my employer beacuse i am not coming to work jan 25 to feb 2 but my schedule was remove by them since last week of january onwards. and our hr seems harrasing me , i ask time to think before i signed the dismissal letter but she told me “no, regardless of everthing the dicision is final. i was force to sign the letter.

    [Reply]

    admin Reply:

    There would be violation if the suspension/removal was made prior to service of NTE, as the employee at the time of his suspension/removal, was not properly apprised of the violations imputed against him/her.
    It is best to consult your lawyer regarding your case.

    [Reply]

  200. Krisha Santos Comment:
    March 9th, 2014 at 03:57 am

    I am currently working with a BPO company. I was hired last Feb.19, 2014. As part of the pre employment requirements I was obliged to submit myself for a medical examination. I was not informed first hand that the fee for that examination will be shouldered by the employee. I informed my trainor about it and was informed that he will send a feedback to correct the mistake. After a few days i was called to the clinic and the company nurse informed me that i have to do a follow up check up for fbs (fasting blood sugar). I submitted myself for fbs just to find out that i may have diabetes. I did a second fbs test although it is still above normal, i was able to lower it down by 7 pts without meds. Now the company wants to terminate me because of this even if i was willing to consult a specialist for proper meds. I just want to know if my termination is lawful or not. I did not know about this illness before i applied for the job so i was not taking any medication that may help lower my blood sugar level.

    [Reply]

    admin Reply:

    An employee may be terminated if he is found to be suffering from a disease and his continued employment is prohibited by law or prejudicial to his and his co-worker’s health. Moreover, there must be a certification from a competent public health authority that the disease cannot be cured within a period of six months even with proper medical treatment.

    In my opinion, I don’t think having a high blood sugar level qualifies as such a disease to be a ground for termination. At any rate, they need to get the certification from a public health authority before they can terminate you.

    [Reply]

  201. Hi po,…my end of contract will be on 24th of march 2014 kasi sa naalala ko po 2 years lang po ang contract ko sa work hindi kasi ako binigyan nang copy.so i send earlier my resignation 3rd day of the month that i am resigning as to end of my contract…….now they are requesting po that i will extend for a month as they have to find replacement pa?tama po ba yun? end of contract na ako pero bakit kelangan pa ako magextend?i applied as a supervisor but my scope of work includes admin and HR work.my remmittances for sss and so on wala pa din hulog hanggang ngayon.

    [Reply]

    admin Reply:

    If it’s only a request for extension, i.e., you’re free to decline, then there’s no problem. Your employer cannot require you to work after the expiration of your contract if its against your will.

    Regarding your SSS, etc, you need to remind them to remit your contribution. It is your employer’s obligation to do so. Failure to remit SSS contribution, for example, may give rise to civil and criminal liability.

    [Reply]

  202. Is it legal to terminate an employee due to failure in the Performance Improvement Plan (PIP)? We are a group of call center agents who were obliged to sign up for the PIP. We never had any update on our past statistics since we were endorsed on the floor (to take calls) last year. Currently, we were told we have failed the metrics, when in truth and in fact we were never informed how we fared last year. Can you enlighten us on this concern?

    [Reply]

  203. Can an employee who is terminated for intentionally disconnecting calls with customers (with proof and witnesses), sue the company?

    [Reply]

  204. Hi! This is regarding Notice to Explain not related to an employee termination. I was told that reasonable period to explain has changed to 5 days. We used to serve memos giving only 2 days for employees to explain. May I ask where I can find a website link, article or order from DOLE which states that it has changed to 5 days. Since when did the 5-day rule start?

    Thanks for your help.

    [Reply]

  205. Hi! Is there a maximum period for companies to process clearance? I was not terminated. My resignation took effect on Dec. 06, 2013 but until now my last pay has not yet been released. Every time I follow up I was only told that due to the work volume of the person in charge they could not say when my clearance and last pay will be released. I just think that is unfair. What if the company just decides to not give me my last pay? Is that legal? How long then must someone wait for his/her last pay to be processed/released? I’m sure there are others out there who have the same concern.

    [Reply]

  206. Hi. I hope you could help me with this one.
    I am a probationary employee. I have already filed a resignation and was given a particular no. of days notice. Technically, I have no SL/VL yet. I asked the boss if I can file for one unpaid day of VL. So, he told me NO. That would add up to the no. of notice days. I was really hoping for just one day to finish all requirements needed by the new company (I need to start asap.) Adding one more day is NOT really an option because all days are just exactly how it should be. Adding one more day would be trouble for me.

    So then, unexpectedly, I got sick just later this day, and I am planning to call sick (SL) for tomorrow with doctor’s certificate. Will that day add up to my days notice? Is there a law for this? I need your advice.
    Thank you very much.

    [Reply]

  207. I would like to ask, i received an email regarding termination of employment via email and the following day it was served in our house. I was absent the whole time because of pre hypertension so hindi po ako nakakapasok sa work. Nakalagay sa termination letter na based sa supervisor ko, hindi ko daw nameet ang standards of employment kaya iteterminate nila ako including absenteeism and non submission of some pre employment requirements. Ask ko lang po, entitled pa rin ba ako for due process kahit na ganun? Thank you.

    [Reply]

  208. i am being charged in the office due to my facebook status posts. they were rants that did not mention any names. however a colleague submitted screenshots of my posts and claimed it was all about her. she also charged me with ruining the company’s reputation when i never post where i work and it is also not indicated in my facebook page.it is also evident that the bosses are backing her up. i was given an nte which i need to respond to in 5 business days ( until thurs this week)please advise on how i shud go about this and what is the best approach.

    [Reply]

    chin Reply:

    kung pina lay off po,ung employee dahil palage sya ang pinagduduhan kapag may short ang store..pwedi bang mag file ng kaso ung cashier na pina lay off ng maneger?may contrata naman kaming pi signature sa kanya na until 4 months lng yung duty nya . tas lumagpas na nga sya ng dalawang bwan kasi na busy ung maneger..at isa pa, damay ung mga saleslady na babayad kapag na short ung store..pwedi po bang ma ka file ng kaso ung cashier kasi pina layoff sya?kasi na galit eh?

    [Reply]

  209. I got terminated without receiving any notices from the company even from my immediate supervisor. March of this year nagkakasakit nq due to my schedule kse hindi talaga aq sanay sa pang gbe na work. I even asked for assistance from my supervisor pro wla nmn ginawa. My doctor already gave me recommendation na i should refrain working at night and I immediately informed my supervisor. The problem with my supervisor is hindi sya nag rreply with my text messages. I even asked her sa process of resigning pro wla aqng reply na nkkuha from her. I even asked her schedule and if shes in the office pra mpunthan q sya at mkasuap personally to talk about my resignation kse nag send nq ng resignation q thru email pro wla pang signature q pro no response pa ren. Until today, nalaman q na terminated na daw aq. Can I file a case against the company. I have not received any form of notification from my supervisor and company.

    [Reply]

  210. Under probationary period po ako ngayon (nakaka 11 days palang po ako sa company). pero dahil sa nag job offer po yung matagal kong inaantay na tawag ng ibang company ay plano ko na pong tanggapin yun at magresign sa current company ko.

    Gusto ko lang pong itanong kung kailangan pa ba akong magrender ng 15 or 30 days or pwede na po akong mag resign with immediate effect?

    Sana po matulungan nio ako.

    Salamat po.
    IPE

    [Reply]

  211. Please advise.

    My husband was tested for random drug test along with all employees sa munisipyo, he is a regular employee and his result was positive, but he is insisting it has been more than a year since the last time na gumamit sya. Is this ground for termination? Never naman sya gumawa ng masama sa trabaho. pina random drugtest lang po lahat ng employees sa LGU nila. May laban po ba sya dito? ano po ang mga karapatan nya?

    [Reply]

  212. Hi Sir,

    My friend and I got terminated because of what we think was an invalid reason.. Can we still file a case to NLRC even if we already signed the termination paper? We haven’t processed the clearance yet. Hoping for your immediate reply.

    Thanks and more power

    [Reply]

  213. good day
    I’m 32weeks pregnant and I was on medical leave for 2day due to premature uterine contractions and idont have a fit to work certificate. It jappend that when I will come back its Saturday. during weekends my physician don’t have clinic schedules. so I was absent then since the clinic wont allow me to report. On Monday I was notified by my supervisor that my the operations mnger did suspend me. I was suppose to tell them that my physician advised me to rest until I gave birth since its already 8th months of my pregnancy. now my pay is delay and my maternity benefits was not given to me. I filed and passed my documents regarding maternity benefits last 4/14/2014 and now uts already 6/23/2014 ir was not given to me. please help me

    [Reply]

  214. Hi Sir,
    I was issued an NTE on April 10th and it requires me to submit an explanation within 5 days which I was able to comply. They have not responded or gave a ‘Decision Notice’ until today, June 27th, which is more than 2 months from the NTE issuance date. If in case they will be issuing one or request for an Administrative Hearing, will it still be legal?

    Do we have legal timeframes as to when the ‘Decision Notice’ must be forwarded to the employee?

    Hoping for your answers as I need guidance badly.
    Thank you.

    [Reply]

  215. Good day.
    I was issued an NTE on April 10th and it requires me to submit an explanation within 5 days which I was able to comply. They have not responded or gave a ‘Decision Notice’ until today, June 27th, which is more than 2 months from the NTE issuance date. If in case they will be issuing one or request for an Administrative Hearing, will it still be legal?

    Do we have legal timeframes as to when the ‘Decision Notice’ must be forwarded to the employee?

    Hoping for your answers as I need guidance badly.
    Thank you.

    [Reply]

  216. hi sir just want to know what to do w/ my director..im working as a intl. property consultant,basically our job is to promote and market outside our country, i went to middleast this feb-may 2014 na personal expense ko since naghahabol ako kota, they let me signed my new contract stating that i was renewed until july 24, 2014 w/ allowance.So before i flew out i talked to him and made it clear to him if they’ll pay me my subsidy ( local allowance) while im in my business trip, he said i should be paid..i returned home this may unfortunately i wasnt able to accmplished my quota, then i reported to the office mid May and there i was asked to sign a new contract stating that from Feb-April i was renewed w/ o allowance so i got confused because originally that not the contract i signed before i went out on business trip, i went to hr and ask about it and said nagkamali daw un nag issue ng contract wala da ako allowance tlga..i talked to my director and asked him about it coz i was askig for explanation, i said im a single mother and ive been using my money since feb until now june, i was asking about my subsidy for the month of march and april that i was expecting to get coz i need to pay for my son’s tuition fee..and he said pag iisipan pa dw nia..pumasok ako til now and the HR said na wag dw ako mag expect na may maremit sa accnt ko kasi nakahold dw un subsidy ko requested by my director.kindly advise

    [Reply]

  217. Hi Sir. Magtatanong lang po sana. I am a part-time teacher and I signed contract with my employer for SY 2013-2014 (Nov 2013 to March 2014). Wala po akong narining n comment or evaluation of my performance during that time. Then after the semester I never renewed a contract with them and no longer teach in that school. However, this June 2014 the Dean wrote a complaint to the HRD regarding how I did my work for last sem. The HRD wrote me a letter asking for explanation and scheduled a hearing for us. Tanong ko lang po if considered p ako n employee by that company? then required pa ba ako mg-comply sa mga demands nila? Please advise po

    [Reply]

  218. Good Day po..Gusto ko lng po sanang magtanong. I am directly hired by the company and my contract states that I am a contractual employee. sbi po dun they can terminate my contract on or before March 21 2014 pero sinabihan po nila ako na hindi na nila ko irrenew nung March 26 2014 and knowing po na i did a performance appraisal po. Nung knausap po ako ng HR regarding sa hindi nila pgrerenew sa akin ang sinabi lang po nila sa akin ay hindi na nila ko irrenew. I filled for illegal dissmisal na po. may laban po ba ako sa case ko?

    [Reply]

  219. Hi just want for some advice last June 30 i submit my resignation letter but before that i receive a letter from our hr for the show cause memo(1st notice) that is why on June 30 i decided to submit my resignation letter but on July 4 I was called on the Hr for the hearing and i was terminated due to violation of the attendance.My question is did an employer can terminate an employee who already submitted a resignation letter???

    [Reply]

  220. Can a company issue a notice to explain after the effectivity date of resignation of an employee?

    [Reply]

    admin Reply:

    If the employment is already terminated (because of the resignation), it may be too late for the employer to issue notice to explain.

    [Reply]

  221. Hi,
    I need your opnion/advise to this. I am a call center agent and since ive been working as a call center agent for like 5 years somehow i easily get sick. I got sick and was advised to rest for 6 days by our company doctor however when the i was about to return to work o was referred to report to HR directly for hr hearing. Now my question is…. I have the med cert which can speak for me that i was really sick can the company still can terminate me?

    Hoping to hear from you soon. Thank u

    [Reply]

  222. Good day

    I have a question, I’m a regular employee for almost 4years and I’m a assistant stockman, the stockman resign 2years ago and I’m the one handle all his report but I don’t have a contract that I will do the task of a stockman. Now I ask my supervisor that today 7/8/2014 that I won’t do it the stockman job for now it is because I can’t handle it anymore, then they react about what I said and give me a menu notice to why why did I do the report of stock a man.

    Now they want me to dismissed or terminate me, what should I do? Is my reason valid for not doing the job of a stockman, because I do that for almost 3years and I want to get back on my job designation as assistant stockman?

    Please help me thank you

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  223. hi,
    good day!
    just would like to request your opinion on my redundany case.
    the management requested to end me after 3 months. so i am currently applying, an fortunately a company is willing to hire me but is requesting me to start at an earlier date which would require me not to reach the 3months grace period set by my present employer. the question is can i demand to end at an earlier date?
    thanks

    [Reply]

  224. Hi. It was just this Sunday when I checked my schedule for the next day cause my shift starts from Sunday to Thursday and we have different shift every Monday but I was surprised when I found out that I don’t have any schedule for the whole week. I checked two of my tools to confirm and asked my colleagues if they do have sched already. They do and I’m the only one who don’t have. I went to work the next day (Monday) I just followed the schedlue that I had last Monday then another colleague told me that she doesn’t have any schedule which made me worry more cause we both had executive complaint with the same customer. I work as a Customer Service Representative of an Airline by the way. Now, this Monday after shift I talked to our MC (Mission Control) to ask him why I don’t have any sched since my Team leader cannot give me an answer and surprisingly we found out that me and my colleague are both on the list for termination. I texted my colleague to set her expection. Yesterday (Tuesday) I still came to work and my colleague came to me crying and told me that our team leader has confirmed that we are for termination but she cried because she was touched cause our supervisor is looking for a way to help us. Cause what the client wants is to terminate us right away but it is noted in the blue book of the company itself that we should be given 30days notice. It was discussed to us the reason for termination is because of the exexutive complaint. Five agents had this executive complaints but only three of us will be terminated including me and my friend who is in the same company. The reason why we are included cause we are the one who disclosed info which for us won’t harm the account or is not really a serious matter that will result to termination. I was only able to disclose the number of passengers (which I’m not aware I cannot disclose because it was not clearly discussed to us) but after that I insisted on the caller that there’s no other info I can provide for privacy policy. Same thing with my friend, she disclosed a number of possible passengers with this particular nationality but she emphasized that what she’s giving is just a “possible” number of what the caller needs to know since we don’t have a way to find out if how many passengers with thia nationality are on that flight. We were able to explain our side with the HR however they told us we cannot take calls until today (Wednesday) but may be able to take calls on Thursday. Thursday came, no schedule yet. We received a call from HR Officer yesterday (Friday). He asked us to sign an incident report. I don’t want to sign it cause I cannot accept that so I called my supervisor on her fone. She told me that once I sign it, doesn’t mean I’m accepting kt. HR told us to sign it and he’ll explain what’ll happen. After we sign it, he told us that there would be a hearing on Aug7 (thursday). He told us that, it is just for formality and we need to submit a written explantion. What worries me is that all the employee that they had suspended were not able to return to work and our supervisor already told us that before during our short meeting that if someone has been suspended most likely it will just lead to termination. Some of the supervisors saw us in the pantry after we sign the incident report they told us to fight for it cause even for them, what the account’s decision is not fair since it is not clearly stated on the privacy policy that what we have disclosed is a highly confidential matter and it was not even discussed to us during our training. Can you please advose of what to do if worst case scenario came? If our case will lead to termination, what would the next step shall I do? I just reached my 6month tenureship this July 21, 2014. I need your advise, please. Thank you.

    [Reply]

  225. hi gud pm po pwede po bang mag terminate ng regular employee kung hndi alam ng employee kung may mali na siyang ginawa kase wala naman sa company rules and regulation at bigla ka iimbestigahan bababaan ka ng notice of violation tpoz ung mali n ginawa nmin failure to report pasok n po ba agad kmi sa labor code 282 para ma terminate kmi sa trabaho dalawang notce din po ang dumating una 6days suspension ung pangalawa po termination of employment na sana po masagot nyo ang aking katanungan maraming salamat po

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  226. On dec31,2014 i had an accident,nabasag ung sakong q. Doctors advised meto rest for month. After a month i went back to work and aubmitted all medical records for sss reinbursement. I know its a month to process pero ung nagfollowup aq after a month knowingna naipasa q ung records at nghhntay nlng aq ng cheke, don lng nila sinabi na nawala ung binigay q sa jnila at hnd na nila mkita un. Meaning wala aq mkukuha sa sss, that record contains all my xrays. Can i sue my company for negligence? Or ia there any way na mkakakuha paq ng reinbursement knowing na wala naq mipplit na record don sa nawala nila. Help po thanks

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  227. sir ako poh ay isang driver body guard tinerminate ako ng aking agency dahil daw late na ang aking pagbigay ng report sa nangyayaring nakawan sa loob ng bahay na aking pinagtratrabahuan,nagpaliwanag poh ako na kumuha muna ako ng ebidensiya at ngayon na mayron na ako ebidencya kaya ngayon lang ako nagreport,ang katwiran poh nila late daw ang pagbigay ko ng report,magkano poh ang babayaran ng employer sa akin at ano poh gagawin ko,,please reply sir/maam asap

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  228. sir what if the regular employee was suddenly gone to the list of work schedule, without any notice and then when he asked the admin about it, they said he was terminated due to his last violation sleeping while on duty, and then he was trying to settle with them but they said he is not entitled of separation pay, only 13th month pay, so what case should he suit to them???

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  229. sir if the employer was terminated an employee without termination paper is that valid??

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  230. i was suspended aug 2 and the admin con took place last aug 13..until now,no notice of decision had been forwarded to me..ilang araw po ba ang dapat hintayin?puede po ba na tinerminate na ako without notice kasi nakalagay dito,”If the dismissal is for just cause but without prior notice and hearing, the dismissal is valid but the employer may be required to pay nominal damages to the dismissed employee….ano po ba ang mga sinasabing nominal damages?entitled po ba ako sa 13th month pay?thanks in advance po sa reply…

    [Reply]

  231. Hi po i was suspended by my company because i did a violation against the company house rule. We are a tenant in a particular building so basically there are different companies who stays in our building so technically someone drop a phone and it was left at our front desk, i saw it and i actually stole it but i paid the price by retrieving to the person whom i bought it. I admitted my sins, and got suspended but no specific date so until now i am still suspended for about a week now. Is there a possibility that I can get terminated? Our company is not registered in our country we don’t have taxes, SSS, pagibig, phil health. Please help thank you

    [Reply]

    JP Reply:

    whom i sold it* typo

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  232. Our business has less than 10 employees, in fact only 4 employes in the clinic. The work arrangement is no work, no pay. One employee was terminated for a just cause for verbally abusing and physically assaulting the disabled daughter of the employer.. I know that there is no separation pay if patient was terminated for a just cause. The employee wants to sue the employer for not giving him his separation pay. A friend told me that if employees are less than 10 , it is not mandatory for employer to give separation pay. Thank you very much. God bless you for giving free legal advice. Thank you very much.

    [Reply]

  233. Hi! I would like to share my experience and also would like to ask for legal advice. I was 3 months pregnant and was advised by my OB to have a bed rest for 3 weeks due to threatened abortion which was lasted January 31. I reported back to work Feb 3 but only until Feb 5 due to constant pain and again advised to rest for another 2 weeks. My leave started from Feb 6 to Feb 20. On the 21st, I failed to inform my tl that I won’t be able to go to work. The following monday I send a text a message that I will just hand over my resignation letter on friday. Come on friday, I failed to go to office due to I’m not feeling well, I informed my tl about that, but I haven’t receive any response from him. around 10pm friday, he replied that if i can’t submit my letter i will be tagged as awol and will be terminated. the following monday March 3, I went to the office even if not feelling well and on bed rest. just to hand over my letter. But I was so disappointed when my tl said that he already submitted my termination paper to HR. I have nothing to do. July 30 of the same year, I went back to the office to ask for my coe and L501 to comply with my sss maternity requirements. I spoke to the site hr and he was surprised that he didn’t find my termination paper, he also said that it is against the labor code that my supervisor didn’t accept my resignation letter. I want to ask if I can go back to the company and file for the damages. Even i’m on bed rest I still went to the office and he did not consider my situation that i’m on my critical stage of my pregnancy. Thanks!!!

    [Reply]

  234. hi,
    sana po ay masagot pu ninyo ang concern ko. ito po ang url ng cnend ko (http://www.laborlaw.usc-law.org/2010/02/06/termination-process-just-causes/comment-page-10/#comment-242214) salamat pu ng marame. sana po ay marame pa kau matulungan na tulad namen…

    [Reply]

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