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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Absence without leave

Absence without leave

3 posters

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1Absence without leave Empty Absence without leave Thu Jun 27, 2013 12:00 pm

doggieborg


Arresto Menor

Hi. I had an employee who i considered not as a regular worker, because he comes to work whenever he pleases.There are times that he does not come to work for weeks at a time.He has been warned to ask permission several times.A month ago, he did this again and returned to work without notice.So i dismissed him.Now i have a letter from DOLE for illegal dismissal and other offenses.Was it illegal for me to terminate him?

2Absence without leave Empty Re: Absence without leave Fri Jun 28, 2013 8:59 am

vane

vane
Reclusion Temporal

may due process bang nangyari?

3Absence without leave Empty Re: Absence without leave Fri Jun 28, 2013 10:30 am

doggieborg


Arresto Menor

What is the proper procedure in this case? The laborer went awol several times but we dont give pink slips or other documents because we are just in the business of farming sa bukid.

4Absence without leave Empty Re: Absence without leave Fri Jun 28, 2013 2:10 pm

vane

vane
Reclusion Temporal

u should give him a chance to explain then admin conference then the decision

5Absence without leave Empty Re: Absence without leave Sun Jun 30, 2013 9:15 am

attyLLL


moderator

at this point, you have to focus on proving his absences. i hope you have attendance records.

if you are unable to settle with him, at the bare minimum, you will be made to pay nominal damages for failure to follow due process. worse if he is found to have been illegally dismissed. his salary will be deemed to be continuing until the case is decided with finality.

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