Article 283 of Labor code (Termination of employment) | Legal Diaries |
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- เผยแพร่เมื่อ 21 ต.ค. 2021
- Learn more about Article 283 of Labor code (Termination of employment) in today’s episode of #KalingangKatribu Legal Diaries. Hosted by Elmer Manuel Navarro with Atty. Arrha De Leon.
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How about po ngayon mo lang nalaman na hangang bukas ka nalang at wala kang alam kung bakit in short on the spot po
Is it apply to Government COS and Job order?
Good evening po maam and sir,may tanong po ako, dati po production operator po ako sa company, tapos nagapply po ako sa company namin ng forklift operator, sabi po ng admin namin, hindi pwede palitan ang position sa i.d. ko dahil nagapply po ako sa company ng production operator ,eh ngayon po forklift operator na ako, ano po ang dapat gwin kasi po parang may bais na nangyayari sa company nmin pati po kming mga skill work patay po ang rate nmin sa production operator, anu po ang dapat at nararapat para maibigay sa amin ung karapatan nmin bilang skill worker.
Sir,mam tanung ko lng poh,kng wla pinirmahan na kontrata sa trabaho wla daw poh kaming laban?
Hi po sana mapansin.. Pwede po materminate yung emoloyee sa kasalanam 2 yeras ago na nkkalipas?
Sir maam ano po legal code nang helper ang inaplayan pinag tatrabaho xa bilang skill?
good eve po,ano po ba ang pedeng ikaso s boss na nagsasalita 'baboy" s empleyada nya. ang sinasabihan nya ay assistant manager nya.
Idol tanong kulang po isa po akong delivery driver ng11years na mild stroke ndi na po ako pinabalik ng compapy sa pg ddrive gosto nila ilipat nila ako ng trabaho my mkukuha po b ako pag aalis nlang ako my siperasyon fee po b aķong mkuha
Ano ho pag kakaiba Ng separation sa termanition KC sir may ayuda Ang dole n kailangan mag pass Ng clearance sa trabaho paano po Kung Ang nakalagay sa clearance mo eh saperation at Ang pwd ho lng daw eh termanition.kv Ang Sabi nila Basta inabut k Ng lockdown n mawalan k Ng trabaho sa taon nyun.
Idol panu po pag 6month aq ngtrabho SA company ,tpos ngpaterminate aq makukuha kB ung 15days ko tapos need ba tlga mgpirma Ng cancellation papers pra mkbili Ng visa po sna masagot niyo po idol🙏
good day,probationary contract ako below 6 months, 3 months in actual, will be terminated due to cost cutting or nagbabawas ng tao, paano po ang pay ko noon, severancez back pay 13th month, etc, thank you po.
atty ask lang papano kong kaka 60 years old mo lang bigla kang tinangal at sinabi sa iyo na hindi ka na pwede mag duty sa security ni wala manlang memo pwede mo kasuhan illegal dismissal?pls reply t.y.
Help naman po kung may laban ako, illegal dismissal against my employer
I am a team lead. My start date was Feb 17, 2020 and I was terminated last November 23rd due to a Category D violation issued to me last November 8th. We had a hearing last November 18th before I got terminated.
I believe the NTE served to me was faulty. Let me explain.
For the last 2 years with the company, I never had any violation until this happened.
NTE 1:
Incident date: September 30, 2022
NTE served date: October 7, 2022
Category: D (terminable)
Instance: 1st offense
Offense: Acts Against Good Conduct and Behavior Negligence
Violation: Failure of the manager or superior to implement company policies, rules and regulations, work procedures and standards, etc.
Hearing date: October 28, 2022
Result: Termination mitigated to Final written warning.
Result issued date: November 2, 2022
Details:
1. I was unable to email IT to request permission to use an external camera on the team's monthly engagement day.
2. The compliance officer captured me on the CCTV watching the company's engagement video that was posted by IT to the Admin Google Chat group.
My explanation:
1. I admit my mistake in failing to obtain permission for a camera even though it was a scheduled team day, and I sincerely apologize; I have already corrected my actions, as I was able to submit to the procedure and incurred no further violations the following month.
2. I got the go signal from the head of IT that I and the agents, can watch the company engagement video, and he even allowed me to save it on our account's folder for the agents to watch as well. He even backed me up, and he assured me that he would tell his team we wouldn't be red-tagged on this. So I refuse to agree that this is a violation.
My dispute: The company did not provide actual decision letter stating whether I was truly guilty or not of the accusations, especially since I am disputing the allegation of violation when I watched the company engagement video when I was given the go signal by an upper manager that it was not illegal to watch. I disputed this with my direct supervisor. I was demanding the statement of the actual decision so I would have a clear understanding of whether my violations are legitimate or not. Even the HR head and and my supervisor during the hearing, were unsure about how to proceed with the 2nd violation since the IT head allowed it. The more I need a proper decision letter, I was told they would not give me that, and the document of the minutes of the meeting is the only thing they can give, and it's enough. This was really confusing to me as this case lacks proper documentation. Though the decision notice was reissued, removing the suspension clause, it was still confusing in part because of the lack of an actual decision statement.
NTE 2:
Incident date: October 29, 2022
NTE served date: November 8, 2022
Category: D (terminable)
Instance: 2nd offense
Offense: Acts Against Good Conduct and Behavior Negligence
Violation: Failure to follow HIPAA / SAT / PCI Procedure
Hearing date: November 18, 2022
Result: Termination
Result issued date: November 23, 2022
Details:
The compliance officer reported that since I have reported a Category D violation of a manager (he posted photos on Facebook showing the production, the computers and the client's name and KPIs which is a grave violation), I MUST also get an NTE for browsing Facebook on my workstation which is also a Category D violation.
My explanation:
I have not accessed Facebook because I would like to violate the company's policy, but because I have to get my photo evidence from there. I have only accessed the Manager's questionable album with the pictures and I did not login nor browse other profile. CCTV also shows that I have only accessed the photos that I am reporting as evidence.
My disputes:
1. The incident date should be corrected to October 28th instead of 29th. This is based on the time stamp of my conversation with the compliance officer.
2. The NTE should also be corrected to be a 1st offense and not a 2nd offense since it is a different violation from the first NTE.
3. The NTE was served 11 days after the correct incident date. We were trained that NTEs should be served in a timely manner, should be real time or at least within 7 days after the incident. Otherwise, it will be invalid.
4. The 2nd NTE, I believe, was served with malice, or a form of retaliation. Instead of them thanking me for reporting and saving the company's reputation, they instead went ahead and back track through my browsing history to also accuse me of the same violation I have reported.
5. I believe that the hearing was just held not to listen to my side, but they are just going through the motions. Which kinds of negates the due process required. I feel I was not given enough consideration compared to the manager I have reported that has even a graver violation that I do. They assured me that the manager has been sanctioned but still the questionable photos are still posted online which makes me question the integrity of their decision on my case. By the way, the manager is a close friend (travel buddy) of the HR head and production manager, who are the signatories of my NTEs which ads malice to the case or conflict of interest.
6. My supervisor is also liable with negligence as he was the one who is the issuer of my NTEs
Gud pm po sir ma'am,,,ask ko Lang po ISA po akong waitress,, receptionist po SA isang resort po,,minsan po nagkasakit po ako na umabot SA 3 weeks nagbigay Naman po ako Ng medical certificate na galing po SA doctor ko po tapos po nagpapa alam po ako SA komoanya po SA text po hinde po nila ako sinasagot,,,nung pumasok na po ako after pong bumuti ang asking pakiramdam po pinagalitan po ako Ng management pinagawa po ako Ng termination letter na alam ko pong wala Naman po akong ginawa maliban Lang po SA pagkakasakit,,,2 weeks na po along makapasok ulit tapos nagkasakit po ung asawa ko na wala pong mag aalaga SA kanya Kaya po hinde po ulit ako nakapasok nagtext po ako SA company na hinde po ako makakapasok pero hinde po Pala nila nababasa lahat Ng MGA text ko Kasi naka blacklisted na po Pala ako SA phone Ng company tapos po nung pumasok na po ako kinaumagahan pinagalitan po ako Ng company asawa ko Lang daw po ung nagkasakit dapat uunahin KO daw ang trabaho ko Kung ano ano na pong masakit na salita ang binato nya po sakin
Ako tatanggalin na ako kasi ibebenta na ang SHOWROOM namin ng GAS, tapos termination of Employment. Tapos binigyan ako ng mababang grade kahit mataas naman ang benta. Ayos lang naman tanggalin ako kasi dapat bayaran pa rin niya ang pag tanggal ko. It's so unfair Kasi 6 month ang contrata ko, tatanggalin ako ng 3 month 😢😢
Pag tinanggal ka po ba, may makukuha ka po ba?
Panu naman po kung may rason sa absent tapos na termanate
guard po ako terminated po ako
Atty pwede bang iterminate ang isang empleyado Kasi pinag quarantine Ako ng 14 days ng amo ko Kasi nag katrangkaso Ako noong July 29 tapos minimohan niya Ako tapos tenimanate niya Ako dahil ang Dami ko DAW absentee
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