In general, an illegally dismissed employee is entitled to one or more of the following reliefs:

  1. Reinstatement;
  2. Payment of Backwages;
  3. Separation Pay;
  4. Payment of Damages; and
  5. Award of Attorney’s Fees.

Right to Reinstatement.

An employee who is unjustly dismissed from work is entitled to reinstatement without loss of seniority rights and other privileges. (Article 279, Labor Code.)

Reinstatement Meaning.

Reinstatement is a relief granted to an illegally dismissed employee which restores him to the position from which he was removed, that is, to his status quo ante dismissal. Reinstatement should be without loss of seniority rights and other privileges.

Remedy when Reinstatement is no Longer Possible.

As a necessary consequence of the finding of illegal dismissal, the illegally dismissed employee becomes entitled to reinstatement as a matter or right. The employer must reinstate him to the position he was holding prior to his dismissal. Ideally, this should be the case.

However, in some instances, although the dismissal of the employee is determined to be illegal, reinstatement may no longer possible for a number of reasons. In such case, separation pay in lieu of reinstatement may be awarded.

Following are some of the instances where payment of separation pay is allowed in lieu of reinstatement:

  1. When the relationship between the employer and the employee had become strained as to preclude a harmonious working relationship;
  2. When reinstatement becomes a legal impossibility;
  3. When the employee no longer wish to be reinstated;
  4. When prudence and fair play so dictates; and
  5. When reinstatement is not practicable due to loss of confidence.
Doctrine of “Strained Relations” Concept.

Under the doctrine of strained relations, the payment of separation pay has been considered an acceptable alternative to reinstatement when the latter option is no longer desirable or viable. On the one hand, such payment liberates the employee from what could be a highly oppressive work environment. On the other, the payment releases the employer from the grossly unpalatable obligation of maintaining in its employ a worker it could no longer trust. (Coca-Cola Bottlers Phils. vs. De Leon, G.R. No. 156893, June 21, 2005.)

Nevertheless, the principle of strained relations should not be used so indiscriminately as to bar the reinstatement of illegally dismissed workers, especially when they themselves have not indicated any aversion to returning to work, as in this case. It is only normal to expect a certain degree of antipathy and hostility to arise from a litigation between parties, but not in every instance does such an atmosphere of antagonism exist as to adversely affect the efficiency and productivity of the employee concerned. (Ibid.)

The doctrine of strained relations may be invoked only against employees whose positions demand trust and confidence, or whose differences with their employer are of such nature or degree as to preclude reinstatement.

In Maranaw Hotels vs. NLRC, G.R. No. 123880, February 23, 1999, the Court refused to apply the doctrine of strained relations on the ground that the position of a room boy is not such a sensitive position that demands complete trust and confidence.

Right to Backwages.

An employee who is unjustly dismissed from work shall be entitled to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.

Backwages Meaning.

Backwages is the restitution of earnings unduly withheld from the employee because of illegal termination. It partakes the nature of a penalty the employer has to pay for illegally dismissing an employee.

Computation of Backwages.

Inclusive period. Full backwages is to be computed from the time compensation was withheld from the employee up to the time of his actual reinstatement.

Base figure. The based figure to be used in the computation shall include not just the basic salary, but also regular allowances and other benefits or their monetary equivalent, i.e., transportation, emergency living allowance, 13th-month pay, etc.

Wage rate. The computation of backwages may be based either on the current wage rate or the wage rate at the time of the dismissal. If current wage rate is awarded, it must be expressly stated in the decision. If not expressly stated (award is unqualified), the wage rate at the time of the dismissal should be used. (Paramount Vinyl vs. NLRC, G.R. No. 81200, October 17, 1990.)

Methods of Computing Backwages.

“Deduction of earnings elsewhere” rule. Under this rule, the award of backwages to an employee could be reduced by subtracting the wages actually earned by him from employment during the period of his separation, or the wages which he could have earned had he been diligent enough to find a job. The employer would be allowed to adduce evidence on these matters. This rule was abandoned in Mercury drug case primarily because the deduction of evidence was found to only delay execution process.

“Mercury Drug” rule. To remedy the delay brought about by the first rule, and to speed up execution process, the Supreme Court in Mercury Drug case, 1974, adopted the policy of granting to employee backwages for a maximum period of three years without qualification and deduction.

Method used under RA 6715. With the passage of RA 6715, both the rules above were abandoned. The rule now is that the employees are entitled to full backwages without deduction or qualification.

Illegal Dismissal without Backwages.

As a general rule, an employee who is dismissed due to the unlawful act of the employer or to the latter’s bad faith is entitled to backwages as a matter of right, backwages being a direct and necessary consequence of finding of illegal dismissal.

However, there are instances where despite illegal dismissal, the illegally dismissed employee is not entitled to backwages. This happens in cases where good faith is evident on the part of the employer in dismissing the employee, i.e., there is just cause to dismiss employee, but the dismissal is found by the court to be too harsh a penalty.

Effect of Failure to Claim Backwages.

The award of backwages resulting from illegal dismissal of employee is a substantive right. Thus, it has been held that the employee does not forfeit his right to claim backwages even if he failed to claim for the same in his complaint.

Separation Pay.

As stated above, separation pay is the relief awarded to employee when reinstatement is no longer feasible or practicable, or when reinstatement is no longer desirable or will not serve the best interest of the parties.

Amount of Separation Pay: Formula.

The amount of separation pay in lieu of reinstatement is not fixed by the Labor Code. But the trend in recent cases is to compute the same using the formula – one month pay, or one month pay per year of service. (This formula was used in the 2005 case P. J. Lhuillier vs. NLRC.)

In other older cases, the court used one half month pay per year of service.

Cases

  1. Separation pay and backwages are distinct and separate from each other. A Labor Arbiter cannot order that the separation pay be deducted from the backwages. (Solis vs. NLRC, G.R. No. 116175, October 28, 1996.)
  2. The NLRC reverses the decision of the Labor Arbiter and ordered the employees’ reinstatement, but failed to award backwages. On appeal filed by the employer, the Court of Appeals (CA) awarded backwages although the employee did not appeal the decision. The Supreme Court ruled that the award made by the CA is proper. Backwages is a mere consequence of finding of illegal dismissal. (St. Michael’s Institute vs. Santos, G.R. No. 145280, December 4, 2001.)
  3. Backwages was not granted to the employee because the employer was in good faith when it dismissed the employee who received P7,000.00 from an applicant for illegal installation of power line. (Meralco vs. NLRC, G.R. No. 78763, July 12,1989.)

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.
attorney's fees, backwages, money claims, separation pay, Termination of Employment
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32 comments

  1. sir gud day po! sir ask ko lng po kung matatawag ba na illegal dismissal yung ginawa sa amin na paglipat ng former company namin sa other company na ang sabi nila na ito ay pansamantala lamang at ngayon ay mahigit na anim na buwan na kami na walang nakikipag usap sa amin sa former employer namin tungkol sa lenght of service namin. ang gusto nila ay magresign kami sa pinaglipatan namin at saka daw namin malalaman yung ibabayad sa amin na wala sila pinapakita na computation ng makukuha namin. ano po dapat namin gawin? ano po ba pwede namin isampa na kaso sa former employer namin?

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  2. margie plata Comment:
    March 9th, 2011 at 01:28 pm

    good day. Employee is a contractual for 1 yr. Contract supposedly ended on Jan 8, 2011. Management informally planned to regularize employee. No papers for regularization was filed after Jan 8. However, management found out on Jan. 20 that employee is among those involved in a serious misconduct which happened on Dec.29,2010. Due process was afforded to the employee, she was notified to explain in writing her participation & a hearing was also done. On Feb. 4, 2011, she was informed thru phone (she was absent that day) that based on the written notice issued that day the sanction imposed on her is termination of her contract but considering that she was a candidate for termination, she was offered to come back after two months. She and another employee dispute the decision made by management regarding their participation in the misconduct. She was absent for the ff weeks because her son was hospitalized. She reported for work supposedly to make a turnover on Feb 14 & 16. On Feb 16, Management recalled her termination of contract, told her she is a regular & the sanction imposed on her will only be suspension. She refused to accept and she didnt want to come back to work anymore. She did not report for work anymore. Is there an illegal dismissal?

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  3. hi, just to asked, I’, having a problem at work. I’ am a regular employee, it’s just so happen that if you reach 5 years you are entitled to get your early retirement. I am currently at my 4yrs and 6 months of being employed at one of the prestigious call center in the Philippines, my dilema started when i decided for a lateral transfer, meaning to say i asked to transfer from another account w/c is also handled by the same company. Unfortunately I,ve noticed that the trainer doesn’t like me and everytime i go to the training class it makes me so uncomfortable. Among the trainees I’am the most tenured one to make the story short she failed me. At the last day of the training w/c is the graduation day during our first break she and her assistant and together w/ the Team manager of the said account was present during our conversation, she said that i cannot proceed to the production bec. she failed me in just a matter of 1 point. I respected her decision and asked permission from her if i could go home already since I am the only one who did not passed and i will not be graduating for her class. I fully explained to her in a professional way that just for human rights per se i could not bare to see them graduating and i’am the only one who did not, and seeing them being happy would be miserable on my part. explained it in terms \ mam, i hope u understand u know naman the feeling\. She said that she would permit me but it would be a deduction on my part, i said its okay. She mentioned that she would recommend me for another account w/in the same company and she instructed that i will be called by the recruitment if there would be an account available. I thank her and hug her together w/ the the assistant and the Team manager. The following day i sent an email to our office reg. the status of my employment and the turn around time, but instead of an answer after 3 days i received a letter from the HRD Manager that my trainer reported me that after i found out that i failed in the assessment I already left and after that they never heard from me. I contested the accusation of the trainer in writing and I spoke directly from the manager and explained my side and said to them that I’ am willing to return to work and I’am just waiting for another account. HRD manager wanted to give a show cause notice, but she said that it wont be necessary she said that she would just recommend me for another account from another site w/c i requested. The following day i spoke w/ the recruitment and promised me that she will be forwarding my paper from the other site and she said that the training would start on May 2, and she then said that if i haven’t recieve any call from them she said that just call her back. I made a follow-up call last Tuesday \APRIL 26, 2011\ I informed her that i haven’t gotten any call from them, she said that she would make a follow-up on them as well. Until now I’m still waiting i haven’t recieve any feedback from them and the training as she said would be on may 2, that would be on Monday. As far as i know if I’m not mistaken that there is no such word as floating if you are a regular employee, they hold my salary for two cut-off already. Currently this would be my 23 day of being unproductive. I did not resign and I’am not terminated. I think that this would be a constructive dismissal, what should i do?. I just wanted to know my rights and the documentation that i would be needing if i will forwarding my complaint to NLRC. pls help

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  4. What about the duration of the release of the backpay? Wala po bang batas kung ilang buwan dapat bago ma-release ang backpay? Kasi po ako nag-resign then nakuha ko po yung backpay ko after 3 months.
    Almost everyweek or a month ako mag-follow up sa kanila. Yung backpay ko is yung Final pay ko po (pinagtrabahuan ko until my last day at the office) + 13th month, and minus other deductions, etc…

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  5. Good Day,

    First of all, thanks for the opportunity for allowing me to share my concern. It would be a very big help to me and my wife if we can get some advice on our situation.

    Our situation is that my wife has been wrongfully terminated in her company and it’s causing us delays in obtaining her COE which we will use in filing for a SSS Maternity Pay.

    My wife was working in a call center and was 5 months pregnant at that time. It was a high risk pregnancy that her OBGYNE advised her to rest until delivery. Her supervisor suggested for her to file for a Leave of Absence since she’ll be gone for more or less 5 months. So she did so. She left the accomplished LOA form in the hands of her supervisor who said that she’ll take care of it. This happened around December 2010.

    On February 2011, she recieved a letter stating that she has been terminated due to Abandonment of Duties. This shouldn’t be the case since she filed for an LOA. So she texted her supervisor for help in rectifying it which her supervisor said she will. Due to the prolonged leave and difficulty of her pregnancy, she expressed her interest in resigning from the company to her supervisor thru text message and was acknowledge by her supervisor and even set up an appointment for her exit interview and clearence after her delivery which was on June 2011. But she didnt submit a resignation letter since she wasnt asked to submit one.

    To her surprise, Her Exit Interview form still showed that she was terminated due to Abandonment of Duty. So She explained the situation to a HR reprensentative during her exit interview and had her termination reason corrected. (By the way, in a call center, all employees that left the company are tagged as a termination regardless if it’s voluntary or not).

    My wife was able to clear and process everything and was given an instruction form on how to claim her last pay and COE. She was also able to get a photocopy of her exit clearance form signed by her supervisor, manager, and the HR representative with the details of her remaining leaves that’s convertible to cash and an estimated amount for her final pay which was around 15k.

    Around the 1st week July, she called to follow up on the status of her last pay and her COE as we would need this to file for her SSS Maternity Pay as a separated member since the company wont process it for her due to her termination reason which was Abandonment of Duty. They still didnt change it in their system after countless times of disputing this.

    So my wife again went to the office and this time spoke to the HR manager to explain the situation again and was told that they wont change it as it’s already in the system. My wife even showed the HR Manager the copy of the exit clearance form which stated she voluntarily resigned due to health reasons but was told there nothing that can be done coz it’s already locked in the system. She was even insulted and blamed by the HR Manager that it’s all her fault for going on AWOL. My wife explained that she filed for a LOA because of her high risk pregnancy but was just told he doesnt care and left saying that he still has some meetings to tend to without even attempting to listen or fix my wife’s concern. So we just decided to file the SSS Maternity Pay as a Separated Member.

    My wife folled up on the status of her last pay and her COE. They said that my wife’s last pay may be available either on July 27 or August 3. Just this week, we called and tried to ask for consideration to expedite her COE as we need to file it for her SSS Maternity Pay. However, they said they wont release it until we can settle our outstanding balance.

    We were shocked when told that my wife owes more than 7k to the company for the reason that they overpaid her. The last time she recieved a pay from the company was on November 2010. She was even amazed that she still recieved a pay when she was already on leave. She called her supervisor and was told than she still have sick leave credits available thus the reason for her pay. But as per the representative she spoke with, instead of having 12 available VLs (based from the exit clearance form), she only has 5.

    They didnt even help us with the SSS Maternity Pay due to the termination reason that was not changed even with multiple attempts to rectify it even with suppoting documents. They’re also giving us a hard time to process it ourself by not releasing her COE and making us owe them when in fact they didnt even compute the last pay properly coz they didnt include her Tax Refund & Prorated 13th Month bonus.

    We will still attempt to ask for consideration to release her COE and also ask how her last pay was computed and why did it change from claiming 15k to owing 7k. But in case if they are not that cooperative or helpful, what can we do? Is there any legal action that can be done to help us in this situation?

    We would also like to ask for your expertice regarding a few things:
    1. Is it legal for them to change the # of VLs when the original document that was signed and submitted during the exit interview said she has 12 available and not 5? This also includes the amount of her last pay.
    2. Is it also legal that the Tax Refund and the prorated 13th month bonus will not be included in the last pay computation. The representative said they wont include it if the employee has an outstanding due if the employee has an outstanding due?
    3. We also would like to submit a complain for the way the HR Manager treated us but turns out he’s in charge of it. Is there a law against the act on how my wife was treated?

    I apologize if my post is too long. I just want be as detailed as possible as we really need the help for this.

    Thanks again for the opportunity in letting us share our concern. We hope to get any response from you on this.

    [Reply]

  6. acquireAsia Comment:
    August 5th, 2011 at 12:38 am

    Good day!

    Gusto ko lang po malaman if i can file a complaint, or if my previous employer is doing the right thing.

    I resigned as a call center agent effective May 19, 2011. processed my clearance and surrender all the training and product materials. they told me that my back pay (final pay) will be release within 4-6 weeks, from the 4th week till today i’ve been trying to call them and asking for updates, sometimes no ones answering and he most they will tell me that your not yet on the list. But its more than 12 weeks now, and they keep on telling me that you’re not on the list yet try calling back again after 2 weeks,

    please help me.

    Thanks!

    [Reply]

  7. good day!
    i would just like to ask if it is right for my employer not to sign my resignation letter. her reason is it’s for her to decide because she’s my supervisor? and will i still get my back pay even if i will do immediate resignation?
    thank you so much!

    [Reply]

  8. carissa taupan Comment:
    January 24th, 2012 at 12:20 pm

    hi….

    ahmm may complain lng poh ako..this is about my back pay and also my cash bond..kc poh its been 6months already, and until now di ko parin nakukuha ung back pay ko and also my cash bond..AUGUST 15, 2011 poh aku nawala sa knila kc nailipat poh aku sa ibang cooperative..so its almost end of january na,until now wala parin ako update about sa back pay ko and cash bond..and now nag resign na poh ako..ung second cooperative na humawak sakin is until now di ko parin nakukuha ung back pay ko and also cash bond,mag 3 months na po sya this february 2012…same issue with my first cooperative..ang tanong ko lang poh is how long lang poh ba talaga ang processing ng mga back pay same thing with the cash bond refund..???? hope you understand my situation….kasi poh ung dalawang cooperative na yun napakabilis nilang mag deduct ng cash bond every cut off…tapos pag mag refund na, sobrang tagal na…please do help…di ko na poh kasi lam wat gawin..please reply in my email on wat to do… thank you so much…

    [Reply]

  9. Good Day,

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

    thanks..

    [Reply]

  10. Hi!
    ask ko lang po kung ano pwede gwin ko? under agency po kc ako almost 3 yrs na po ako ndeploy s isang logistic company. Recently, ngkaroon ng problema s department nmin. marami po ang nawalang items namin pero my suspek na po sila. Nagkaroon ng investigation s department namin and lately tinanggal po kami ng walang advice. Pumasok pa po kami ng mga kasamahan ko ng umaga pero nahold n po kami at hindi na pideretso s work place at pinagreport n po kmi sa agency nmin. Karamihan po s kasamahan ko ay 8 yrs. n sa company n un pero under agency p rin… Please, advice mo nman me kasi wla nman po kming ngawang kasalanan s company n un at pingbubutihan nman nmin work nmin..

    [Reply]

  11. Demiella Villarico Comment:
    May 20th, 2012 at 06:57 pm

    Gud eve po. Isa po akong cashier sa isng motorcycle company. Nsuspend po ako for 6 days for making my own cert of employmnt na pinasa ko pra sa application ng postpaid plan at nserve ko npo ung suspension ko. after my suspension ay nkatngap ako ng memo for retraining, after 1day nlamn ko na iflofloating ako wla po akong mggng regular store n duty, tga binan laguna po ako tpos ilalagay po ako sa pgigigng reliever, ang my direction dw po nun ay yung ate ng manager ko na vice pres. ng company n pnyagan nmn ng regional manger ko n gwin skin dhil aswa sya nung ate ng mnger ko. Feeling ko po nkhanap mlng cla ng butas skin dhil last sept pa po nla akon gusto mtngal dhil ung manager ko po nsuspend last year ng 6days bec. of audit result n ngnakaw sya nung naaudit o kme ngsvi lng ko ng totoo mgmula nun nramdaman ko na pinahihirapan ako at pinagiinitamn ng manager ko. ang akin lng po ayoko maalis sa alabang branch dhil mlapit sa residence ko, sa ngaun ngfile po ako ng constructive dismissal. My laban po ba ako at pwede pa ako mkblik sa dting branch ko.

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  12. Gud day, I am in contract based contract in one of BPO industry here in Cebu. Makatarungan po ba na kami ang magbayad ng aming company ID worth 250 pesos. MAy training bond po ako, makakasuhan ba ako if i will tender immediate resignation. Outbound pu ung account namin, I want let go na for the reason na wala kaming commission. PLease help me… thanks !

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  13. ano po ang ibig sabihin ng …one month pay per year of service or 1/2 month pay per year of service whichever is higher(separation pay on retrenchment)? Pls.give a sample computation. thank you.

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  14. good day isa po akong acctg staff sa isang business establishment at ako po ay naterminate sa trabaho ko. meron po ba akong makukuha mga benefits sa dati ko pong mga boss.

    [Reply]

  15. EDESA GRAMA Comment:
    July 25th, 2012 at 08:41 am

    Good Day!

    Can I still file complaint even if the dismissal was already 3 months ago? I didn’t sign anything, neither did they give me notice or letter of termination..They told me they will give me separation pay so I don’t need to file a complaint, but p to now, they haven’t paid me. and it seems they no longer will.

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  16. sir,or mam,magandang hapon po,magtatanung lang po ako kz nag file po ako ng complain sa NLRC for money claim sa illegal dismissal-actual,non-payment-over time,yan po yung nakalagay sa complain ko,agains sa ko agency at employer.kaso po yung pinapasukan ko sa KSA na polyclinic pag katapos po ng dutty ko sa 8hrs,pag my nanganganak po sa madaling araw ako po ang nag dudutty sa labor,kase dun po sa luob ng compound ng clinic kaming mag asawa nakatira,e wala nmn po silang binabayad sa dutty ko at wala po caming time boook at time card simula ng dumating ako hangang sa pinauwi kami ng hnd nmin nalalaman kung anung dahilan ok nmn po yung pagtratrabaho namin,pano po kung hanapan ako ng NLRC ng ibidensya na nag dudutty ako wala po akong mailalahad kung hnd tawagan yung doctor,at yung mga letter ko sa employer na nahingi ako ng increasing sallary para po dun sa overtime dutty ko,pati nga po pag absent ung mga indiano at saudi janitress ako po laging tinatawag nila para pumasok dun sa mga dutty nila,sana po matulungan nyo ko at mapayuhan,thank you po,cheche

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  17. sir or mam,isinampa ko po yung kaso sa NLRC kase po dun sa POEAQ counsil ang gusto pong bayaran lang ng agency naming mag asawa ay yung natitira naming buwan sa computation ng counsil yun pong 9month kaming dalawa na pong mag asawa,eh saman talang ang una pong kinuwenta ng counsil sa POEA ay ang Overtime dutty ko,pano naman po yung pinag puyatan ko tuwing hating gabi sa labor pag my nanganganak,halus kung utusan nga po nila ko kinakalampag nila yung pintu namin,wala naman po akong natatangap na bayad sa Overtime ko dun,sana po my maibigay kayong payo kung pano po ang dapat kong gawin,at sana po ay matulungan ninyo kami,thank you po cheche,

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  18. magandang araw sa lahat..
    kahit ang problema ko ay di kagandahan.
    ganito po yon, halos buong pamilya ko po ay nagtatrabaho sa isang hacienda dito po sa lugar namin.
    ang tatay ko po maliit ang sahod 3,000 pesos lang po kada buwan walang day-off kung minsan over night pa.

    yung boss po namin walang pakialam at kadalasan lagi po kaming nakaririnig ng di magandang salita mula sa boss namin.
    nitong taon po na ito ramdam namin ang kanilang pang gigipit dahil gusto po nilang kaming paalisin sa trabaho at ipagigiba po yung bahay namin..
    ano po ba ang pwedi naming gawin?
    maawa po kayo at sa lahat na nakikibasa nito advice naman po.

    umaasa po ako na sana inyong matulungan.
    maraming salamat po.

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  19. Good day! I need your help po. Nagwowork po ako sa bpo, sinerve po samin yung preventive suspension due to ssn misuse-possible fraud nung jan.31, bnigayan po kame ng 120 hours para magsubmit ng nte. However, nagsend ng email yung client nung feb.01 stating that we’re already terminated. Wala kaming idea at walang nag inform sa amin na ganun n pala desisyon nila. Naka-hold ngayon yung salary namin,kahit nabuo namen yung isang cut-off bgo kame masuspend. May sinasabi pa na possible n wala kaming makuha na kahit ano, dahil sa threat dw ng client na magpepenalty daw yung company namen dhl sa case na bnbintang samen. Pakiramdam namin n ndeprive yung rights namin as an employee. Ano po pwd namin gawin?

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  20. Good day. bawal daw mangutang sa kapwa empleyado base sa policy ng kumpanya. tama ho ba na gamitin ito basehan ng termination kung karamihan sa amin ay ginagawa ito.

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  21. I filed my resignation today. So while waiting for a reply, I continued working on my assigned task. After about 2 hours, I needed to send the file to my so-called boss. It was then that I found out that I no longer have access to my email. Just like that! No email, no Skype message. None at all!

    And so I asked the so-called HR personnel: “Would you know why I can’t access my email? Can you help fix it?” She said that the so-called boss asked for my access to be terminated. And that my last day with the company was last Friday.

    If the need arises, would you know what should be done to push this case forward? Or is there even a case? What would be the best action step? Such incident MUST be dealt with accordingly. Note: I am doing a home-based work. My boss is from the Philippines however the company that we are working for is based in Hong kong.

    Please advise. Thanks!

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  22. Good Evening po!

    Gusto ko sana magtanong tungkol sa pano paggawa ng Position Paper. Tungkol po ito sa illegal dismissal na na e file ko sa Labor.Ano po ba ang elements and what arguments should be stated that show the merits of their action.Kawalan ng pera ang nag-udyok na baka pwede ako nalang ang gagawa.Hoping for your reply.

    Stacey

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  23. sir, panu po kunghindi ka na-regular pero lampas na ng regularization date mo tska lang sinabi na hinde ka mareregular? diba po illegal dismissal un? wala din [po ako pinirmahan na kahit anu like non-regulariazation paper or even end of contract paper..basta nlng po ako pina-clearance pagkasabi sakin na hinde ako mareregular..anu po bang pedeng hingin na danyos about it coz im pallning to file a leaga case about it…ty po

    [Reply]

  24. Magandang araw! Isa akong empleyado ng
    pribadong kumpanya. Nag-resign na ko sa kanila nung august 2013 pa pero hanggang ngayon wala pa rin yung C.O.E ko pati yung 13 month pay ko. Halos 8 years din ako nag-serve sa kanila as a salesman, kinakatakot ko lang na kapag hiningan ako ng C.O.E sa bagong pinapasukan ko ay wala akong maibbgay, meron ako kopya ng dissmisal letter na para sa akin tapos biglang bawi sa demotion na lang yung memo. Nag-resign nalang ako kaysa hindi ko sila pasukan, hindi ko alam kung parang iniipit nila ko, wala naman akong utang sa kanila isa pa yung ATM card ko pinasurrender nila sa akin kahit alam ko na may sahod pa ako dahil sa mga pinasok ko pa. Pinagbayad pa nila ako ng P150 nung time n pinasurrender yung ATM card ko kasi daw sira daw samantalang ginagamit ko lang yun kapag kukuha ko ng sahod, hindi ko naman yun ginagamit kahit sa pagkuha ng vale namin. Gusto ko po sila labanan pero wala pa ko alam kung ano gagawin ko, pahingi naman po ng advice para lumakas yung loob ko asap. Salamat.

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  25. gusto ko lang pong itanong if may laban po ba ako sa former employer ko dahil nagreklamo po ako sa dole sa dahilan na hindi magbibigay ng 13th month pay sa akin.. ang problema, wala akong kopya ng aking certificate of employment at kopya ng aking resignation letter dahil nasa kanila po ito. ang tanging kopya ko po lamang ay ang aking kontrata sa nasabing kumpanya. maari po kasi nilang palabasin na ako’y tinanggal nila at hindi ako talaga nagresign.

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  26. im preganant for 6 months ng iterminate po ako ng company ko ano po ung possible ko makuha di po bawal un dahil wala naman ako mapapasukan after nun,at never po ako umaabsent talaga mula ng pumasok ako nagbuntis po ako at lagi po ako nagbababathroom ano po ang dapat ko gawin.may laban po ba ako dito

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  27. cristy cartagena Comment:
    October 25th, 2013 at 06:33 pm

    regular employee po ako ng isang companya, tinangal nila ako at kinasuhan ng gross habitual, pinagbintangan din po nila ako na nagbulsa ng 1500 na walang katotohanan, sinetup po ako ng aking superior upang lumabas na nagnakaw ako, nagbuo po ng gravance committee ang company ngunit parang naging onesided at hindi tiningnan ang aking explanation. Minura mura po ako ng aking superior at tinutukan ng gunting , pinalabas pa po ng gravance committee na masama ang ugali ko, hindi ko po matanggap ang resulta. 13 yrs npo ako nagtrabaho sa companya ngunit ayaw po nila ako bayaran ng separation pay dahil after 10 yrs daw bago ako naregular. sa sampung taon po ay napakaliit po ng sweldo ko at wla pa pong bayad ang aking sss pag ibig philhealth, 5 yrs po na 200 a day ako from 2000 to 2004, 2007 to 2010 , 75 percent ng minimum wage lang ang aking sweldo, 2010 july hangang 2013 lang po nila tinaasan ang sweldo ko non nalipat ako sa kanilang sister company, sabi nila 3 yrs lang daw po ang babayaran nila sakin dahil yun lang po yung time na naregular ako, pano po yung 2000 to 2010 bakit po kaya hindi nila ito isasama sa computation, hihingi po sana ako ng payo saka kung san po ako pwede lumapit maraming salamat po

    [Reply]

    admin Reply:

    Makabubuti po na lumapit kayo sa isang abogado para matulungan kayo sa inyong kaso. Tingin ko ay maraming violations ang company ninyo. Una, bawal sa batas o isang krimen ang hindi pagbabayad ng mandatory contributions sa SSS, Pag-ibig, at Philhealth. Pangalawa, mali rin na mas mababa kaysa sa minimum wage ang sahod ng isang empleyado. Pangatlo, dapat isama sa computation ng separation pay mo ang buong panahon ng pagtatrabaho mo sa kumpanya.

    [Reply]

  28. Alexis Salazar Comment:
    June 5th, 2014 at 02:23 pm

    Hi Sir,

    Question My manager terminated me from work which is a British.Due to mistakes that i have comitted sa work.Pero wala pong mga coaching logs.Wala pong PIP or performance improvement plan.Wala pong process na sinunod.Ang kaso po na force na po akong pumirma.and then they brought me to HR to sign resignation letter.
    Wala po silang makitang just causes to fire me my Manager that i comitted mistakes which i think did not cause the company to loose money.or looase business.

    Pwede pa po ba akong mag apela at mag file ng illegal termination.

    [Reply]

    admin Reply:

    There is illegal termination if the employee is just coerced to sign the resignation letter.

    [Reply]

  29. Rejie Boy Comment:
    July 12th, 2014 at 07:32 am

    Hi…good day poh! ask ko lng po, is there such Mandatory OT and Work on Restday? sa callcenter po ako nagtratrabaho and we are required to render 1 hour OT everyday and go on Work on Restday.. pag di mo kami susunod ay may kaukulang sanction. Do we have any option not to render OT and or work on our Restday?

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  30. Hi! I would like to share my experience and also would like to ask for legal advice. I was 3 months pregnant and was advised by my OB to have a bed rest for 3 weeks due to threatened abortion which was lasted January 31. I reported back to work Feb 3 but only until Feb 5 due to constant pain and again advised to rest for another 2 weeks. My leave started from Feb 6 to Feb 20. On the 21st, I failed to inform my tl that I won’t be able to go to work. I was tagged NCNS. The following monday I send a text a message that I will just hand over my resignation letter on thursday (feb 27, 2014) Come on friday, I failed to go to office due to I’m not feeling well, I informed my tl about that, but I haven’t receive any response from him. around 10pm friday, he replied that if i can’t submit my letter i will be tagged as awol and will be terminated. nagtataka ako kc sobrang late n ung text nia sken. The following monday March 3, I went to the office even if not feelling well and on bed rest just to hand over my letter. But I was so disappointed when my tl said that he already submitted my termination paper to HR. I have nothing to do. tinext ko ulit xa kung kelan ako pede bumalik pra sa process ng clearance ko, sabe nia balik nlang daw ako sa ibang araw, walang definite date. nagttxt pren aq sakanya to follow up kung kelan aq pede pumunta pra asikasuhin n ung clearance ko, march 12, still wala ng response. July 25, nung nagtxt ulit ako skanya about sa coe ko dahil nga kelangan ko ng asikasuhin ung sss ko. July 30 of the same year, I went back to the office to ask for my coe and L501 to comply with my sss maternity requirements. I spoke to the site hr and he was surprised that he didn’t find my termination paper, ang sabi nia nde dw ata naipasa sakanila, he also said that it is against the labor code that my supervisor didn’t accept my resignation letter and not consider my situation during that time. [By the way, my L501 and certificate of no advance payment was given last july 30; my coe was also released last Sept 17 with my last pay amounting to P38.00] I want to ask if I can go back to the company and file for the damages. Even i’m on bed rest I still went to the office and he did not consider my situation that i’m on my critical stage of my pregnancy. I have documents and med cert that will support all my absences and proof that I am unable to work until my delivery date. Thanks!!! I hope you will reply.

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