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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302 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?

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  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

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  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?

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    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.

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  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.

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  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?

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  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?

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  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

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  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.

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  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

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  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?

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  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?

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  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?

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  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.