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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Will they Include in my COE my Admin hearing case?

Will they Include in my COE my Admin hearing case?

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rexrap2017


Arresto Menor

[justify][justify]I have 2 cases that was filed by a BPO company for my admin hearing. 1st is Acts Against Good Conduct and Behavior -Dishonesty and Fraud, and 2nd Acts Against House Rules/Safety and Security. In the first place I did admit that I have done these mistakes and what I am thinking is that I will just go on AWOL and the case will not be taken against me? is that true? I have until March 14 to explain what happened. I am also thinking if I will go and face the admin hearing and tell all them the truth and I am just curios if they will still put it in my COE. Will I still get my separation pay since I followed procedures and tell them that I did it with honesty?

ador


Reclusion Perpetua

If you go AWOL then the more reason the company has to terminate your service easily.
Submit your reply to the NTE issued. IF they schedule an admin hearing, attend and defend yourself. Produce your evidences if you are not at fault. If you did commit the acts they cited against you, and it was proven, accept the consequence.
This is not just a matter of COE or moving onto the next job/company or separation pay. You should be more concerned of learning from this and the accountability and responsibility that comes along with working for corporations/employers.

DHEZ_DRIZZLE


Arresto Menor

xxx



Last edited by DHEZ_DRIZZLE on Thu Mar 23, 2017 4:47 pm; edited 2 times in total

HrDude


Reclusion Perpetua

rexrap2017 wrote:[justify][justify]I have 2 cases that was filed by a BPO company for my admin hearing. 1st is Acts Against Good Conduct and Behavior -Dishonesty and Fraud, and 2nd Acts Against House Rules/Safety and Security. In the first place I did admit that I have done these mistakes and what I am thinking is that I will just go on AWOL and the case will not be taken against me? is that true? I have until March 14 to explain what happened. I am also thinking if I will go and face the admin hearing and tell all them the truth and I am just curios if they will still put it in my COE. Will I still get my separation pay since I followed procedures and tell them that I did it with honesty?

1. You think you can get away with the charges against you by going AWOL? Of course not. Management can still push through with the investigation and terminate you if necessary.

2. You used the word "mistake". Dishonesty and Fraud CANNOT be a result of mistake as there exist deliberate and malicious intent.

3. A COE will not be affected by the existence of an admin case nor the fact that the employee is terminated. That fact will NOT even be included therein.

4. If you are terminated for a Just Cause, you  CANNOT claim separation pay.

HrDude


Reclusion Perpetua

DHEZ_DRIZZLE wrote:Hi atty, I received an NTE for admin hearing today  dated Mar 16, 2017. Its indicated there that I allegedly had my badge in/out from Jan 3 to Mar 15, 2017. I was on a floating status and my BPO company issued a No Work No Pay form starting Jan 3, 2017. I decided to go to work and had my badge in/out starting Jan 16, 2017 hoping that I will still get paid, which I still did til Mar 15, 2017. I didnt receive any call or update coming from our leaders or HR up to this writing. My TL, the one whose responsible on approving my log in/out report told to our HR that I advised her that I enrolled on a Comms Skill training so thay I can have the reason to continue on reporting in the ofc. They've been asking me to reply on the said notice and I am planning to honestly admit my mistakes because of my financial status. I am 8 mons pregnant and having my child soon and up to this writing I havent receive any update coming from HR and our leaders regarding my employment status. They told us last Dec 2016 that they will immediately redeploy us for new account but we havent received any, it already lasted 3mos now. I know that this would lead for termination whatever reasons I may give but do I have a chance to win or have a clean state instead (to receive a clean COE) if I file a case to DoLe reGarding the No Work No Pay they issued but no one ever try to contact me or other agents to give us an update for redeployment? Is it legal to signed the letter in behalf of other person? Is this also a valid point, review for termination is faster than review for redeployment? I hope that I can receive an immediate reply coming from you. Thank you.

Just answer the NTE.

1. Your are not on 'floating status', you are on a 'reserve status'. The company can try to find you an account within 6 months. If not, they would have to 'redundate' you and separate you from the company.
2. If this is a case of fraud, you have NO chance.
3. COEs will not be affected by admin cases and/or its results.
4. Is it legal to signed the letter in behalf of other person?
YES, if the person singing the document has an authority to sign in behalf of the other person.
5. Is this also a valid point, review for termination is faster than review for redeployment?
YES, processing of admin cases are distinct and separate from all other admin processes.

DHEZ_DRIZZLE


Arresto Menor

xxx



Last edited by DHEZ_DRIZZLE on Thu Mar 23, 2017 4:45 pm; edited 1 time in total

HrDude


Reclusion Perpetua

1. Again, your COE will not be affected if you get terminated. COEs only state that an employee is part of the company from this up to this date.
2. Can I negotiate on them to let me file a resignation letter? YES you can but the acceptance and approval thereof is with the prerogative of the management.
3. Unfair Labor Practice applies only to unionized setups. Again, your company mandated to find you a new account for 6 months. You cannot compel them to update you everyday or once a week or whatever.
4. "I dont think that our company will let me under redundation because there are other cases that they would really look for a reason to just terminate the agent rather paying them a separation pay".

You are speculating. Prove it. If there is a reason to terminate you, why not. If none, then none.

DHEZ_DRIZZLE


Arresto Menor

xxxxx



Last edited by DHEZ_DRIZZLE on Thu Mar 23, 2017 4:46 pm; edited 1 time in total

HrDude


Reclusion Perpetua

You CANNOT use mistake. What you did is NOT a MISTAKE if you deliberately did the act. Misrepresentation/forgery/falsification are considered FRAUD. If you admit Misrepresentation/forgery/falsification, then they have a very very big chance of terminating you.

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