Employee refused to sign/received the memo and warnings

hi, i would like to ask what can be the legal action to an employee who refused to sign/received the warning four times and insisting that she/he did not violate any rules and policies.

The story goes like this, the employee is part of the administrative level (an accountant) and given an incentive privileged leaves of 15 days SL and VL. since the time she was given this privileged she was constantly absent like in a month she can use her SL 5-8 times. that's why the company came up with a policy of limiting the leaves 2.5days per month to avoid misuse or leave abuse. She was given a warning many times by the admin still no improvement to her performance. aside from abusive use of leave she was always late. At first she will accept the warnings and memos. 2011 she started to refused to accept her warnings 3 times and the admin needs to  constantly remind her to file the SL. she even get to the point of threatening the admin and said "May pa-labor labor pa kayong dalawang nalalaman!" and she said that even if she uses all her leaves she can still file in the sss for a leave with pay. 

I am asking for help on how to handle this kind of employee. Can i ask for an atty to make a letter so that at least kabahan nmn sya sa mga ginagawa nya na everything is based on legal?

thank you.

the problem may be that you are already issuing disciplinary actions without issuing a notice to explain first. you should give the employee a chance to explain

Actually this is not her first time, since 2011 we've been discussing to her about her leave abuse. This year i constantly remind her verbally since january that she exceeds her limitations untill May of this year and i gave her the summary of her leaves. Im giving her chances and hoping for improvements but there is none. this is not the first time she refused to accept all her warnings.
Some admins told me na its another violation which is insubordination. I want a legal action regarding her dicipline at work kse pati admin staff na tthreaten n nya even the employees because kpag kkausapin sya professionally nag hhysterical sya sa office like shes very defensive..

Gusto nmin documented lahat kse pinaghawak n sya ng payroll nun 2009 then nasilip nlng nmin na gngwa nya paid lahat ng sunod sunod nya na leaves pro nsa policy kse dpt adjusted un dhil may limit per month.. If one wk sya absent paid lht yun for her dhil nagfile daw sya. Kaya binalik sakin un pag gawa ng payroll and yung sss maximum contribution and not based on gross salary brackets then i found out na bungi pla un contri nya sa sss kaya gsto nya max ang contri nya kht un gross nya hindi max sa bracket so company pa nag shoulder ng kulang nya.
Funny lang ksi concern nmin un performance nya sa work dhil lagi sya absent then snb pa samin na kht ubusin nya un leave sa company sa sss nmn daw sya magffile paid prin.

miajacen

If I was you HR,

I would ask his immediate supervisor to only allow her 2.5 if she filed for a VL so the rest of the days were absent or AWOL. I would also ask her to have her VL approved prior to her date of absence.

For SL, if her absence exceeds three days, I will ask her to secure a Medical Certificate. Should she failed to present 1, her SL will not be credited since SL is for SL purposes ONLY.

If you give her a memo and she refused to sign, the put refused to sign sign it and have 2 other witnesses (must be supervisor or manager) sign also that she refuse to receive.

You can continue with due process until you can terminate her.

If you need more guidance, you may PM me

Just related to this topic

So pwede po bang pilitin ang employee na pumirma kahit ayaw nya?

Pwede ba syang issuehan ng bagong NTE na insubordination?

what do you mean by pilitin? threaten with bodily harm? against the law yan. kelangan mo lang ng witness na ayaw nya iteceive, parang ni receive na nya din.

hindi pwedeng insubordination kasi hindi mo pwedeng iutos na ireceive nya

Salamat po

pero kase po di po ba ang di pagpirma sa Disciplinary memo ay lack of respect for management and staff being out of control?

So hindi po ba sya pwedeng grounds for another NTE na insubordination or discourtesy?

You can still issue the memo and just write refuse to accept or sign..

then pag naka 3 memo na.. pwede nyo na iterminate.. basta padalhan nyo notice to explain, then notice of termination..

mishael032409 wrote:Just related to this topic

So pwede po bang pilitin ang employee na pumirma kahit ayaw nya?

Pwede ba syang issuehan ng bagong NTE na insubordination?

Just serve and when refused to sign or receive, get at least 2 disinterested witnesses to sign the memo indicating therein that the employee refused to sign.