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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Terminated due to unauthorized absence

Terminated due to unauthorized absence

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1Terminated due to unauthorized absence Empty Terminated due to unauthorized absence Mon Dec 10, 2012 2:29 am

AyRate


Arresto Menor

A friend was recently terminated due to unauthorized absence, he had flu for 1 day, and he informed his boss to apply for a sick leave, but his SL was not applied because he was told after a week that he did not have a medical certificate, which no one asked for to apply his SL, and on their company handbook it is not stated that a medical certificate is needed for 1 day of absence, not unless a certificate was asked.

he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

council

council
Reclusion Perpetua

How long has he been working in the company?

was he accorded due process (notice, hearing, decision)?

http://www.councilviews.com

Pedro Parkero

Pedro Parkero
Reclusion Perpetua

AyRate wrote:A friend was recently terminated due to unauthorized absence, he had flu for 1 day, and he informed his boss to apply for a sick leave, but his SL was not applied because he was told after a week that he did not have a medical certificate, which no one asked for to apply his SL, and on their company handbook it is not stated that a medical certificate is needed for 1 day of absence, not unless a certificate was asked.

he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

hindi po yan legal. lahat naman ng tao ay nagkakasakit. at hindi lahat ng sakit ay ikinokonsulta sa doktor kung saan pwede makakuha ng medical certificate. Ang termination ay kagimbal gimbal at masyadong mabigat na parusa para sa ang isang araw na pagliban na trabaho-ito ay illegal termination

4Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Mon Dec 10, 2012 10:21 am

council

council
Reclusion Perpetua

AyRate wrote:
he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

Follow-up question:

Was the FWW given because he was also sick during the previous absence? If so, was he told that a medical certificate was needed for any length of sickness?

http://www.councilviews.com

5Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Mon Dec 10, 2012 11:11 am

AyRate


Arresto Menor

council wrote:
AyRate wrote:
he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

Follow-up question:

Was the FWW given because he was also sick during the previous absence? If so, was he told that a medical certificate was needed for any length of sickness?

here is the progression:

sep - flood,1day, with advice - written warning
oct - allergy attack,1day, no advice - final warning, although no advice for a need for medical certificate per instance was given, esp for 1day sick leaves
nov - flu,1day, with advice - termination

can this be counted as gross and habitual?

council wrote:How long has he been working in the company?

was he accorded due process (notice, hearing, decision)?

He stayed there for almost a year, yes he was given NTE, hearing, notice of decision

6Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Mon Dec 10, 2012 11:20 am

Pedro Parkero

Pedro Parkero
Reclusion Perpetua

AyRate wrote:
council wrote:
AyRate wrote:
he was on a final warning due to previous absences as well, thus he was terminated

Is this legal?

Follow-up question:

Was the FWW given because he was also sick during the previous absence? If so, was he told that a medical certificate was needed for any length of sickness?

here is the progression:

sep - flood,1day, with advice - written warning
oct - allergy attack,1day, no advice - final warning, although no advice for a need for medical certificate per instance was
nov - flu,1day, with advice - termination

can this be counted as gross and habitual?

council wrote:How long has he been working in the company?

was he accorded due process (notice, hearing, decision)?

He stayed there for almost a year, yes he was given NTE, hearing, notice of decision

the company policy is legally flawed. kayat lahat ng desisyon ng nanggaling sa policy na yan ay tsarannn illegal...

isumbong niyo ke big brother nasa NLRC house.

7Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Mon Dec 10, 2012 11:24 am

AyRate


Arresto Menor

Nag file sya sa sena ba tawag dun? nagusap sila at ang sabi sa kanya e ibibigay ang backpay+leaves+13th month+tax refund nya, hindi ba dapat may damages din syang makukuha?

8Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Mon Dec 10, 2012 11:52 am

council

council
Reclusion Perpetua

AyRate wrote:Nag file sya sa sena ba tawag dun? nagusap sila at ang sabi sa kanya e ibibigay ang backpay+leaves+13th month+tax refund nya, hindi ba dapat may damages din syang makukuha?

That's as far as SENA can go. They cannot rule on damages.

Your friend will have to go to NLRC if he wants more.

http://www.councilviews.com

9Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Mon Dec 10, 2012 11:58 am

Pedro Parkero

Pedro Parkero
Reclusion Perpetua

AyRate wrote:Nag file sya sa sena ba tawag dun? nagusap sila at ang sabi sa kanya e ibibigay ang backpay+leaves+13th month+tax refund nya, hindi ba dapat may damages din syang makukuha?

ewan ko lang brader, diko dina alam sino si sena.

ang ibig kong sabihin pwede niyang ipaglaban ang kanyang karapatan na magpatuloy sa pagtratrabaho. yung mga backpay.. 13th.. na yan e parang okay lang sa kanya na natanggal siya... pero kung don naman masaya fren mo, okay lang yan.

damages? malamang pwede...

10Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Mon Dec 10, 2012 12:07 pm

council

council
Reclusion Perpetua

SENA = Single Entry Assistance ng DOLE.

SENA prescribes 30-day mandatory conciliation–mediation services to effect fair and speedy settlement of all DOLE cases.

This program provides workers speedy, impartial, inexpensive, and accessible settlement procedure of all labor issues or conflicts to prevent these issues or conflicts from ripening into full-blown disputes.

http://www.councilviews.com

11Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Mon Dec 10, 2012 12:22 pm

Pedro Parkero

Pedro Parkero
Reclusion Perpetua

council wrote:SENA = Single Entry Assistance ng DOLE.

SENA prescribes 30-day mandatory conciliation–mediation services to effect fair and speedy settlement of all DOLE cases.

This program provides workers speedy, impartial, inexpensive, and accessible settlement procedure of all labor issues or conflicts to prevent these issues or conflicts from ripening into full-blown disputes.

parang wla yatang meaning ang "N". kidding Wink

12Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Mon Dec 10, 2012 3:56 pm

attyLLL


moderator

here is the progression:

sep - flood,1day, with advice - written warning
oct - allergy attack,1day, no advice - final warning, although no advice for a need for medical certificate per instance was given, esp for 1day sick leaves
nov - flu,1day, with advice - termination

can this be counted as gross and habitual?

imo, that is not gross and habitual negligence, but another example of overly harsh sanctions on attendance

https://www.facebook.com/BPOEmployeeAdvocate/

13Terminated due to unauthorized absence Empty Re: Terminated due to unauthorized absence Wed Dec 12, 2012 2:50 pm

stargazer


Arresto Mayor

from my point of view, the progression you mentioned is not gross and habitual.

they better have a good definition of this habitual absences in their company policies coz for sure they will loss if a case if filed.

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