SUSPENSION AND INVOLUNTARY RESIGNATION

Hi! I would just like to ask what case can I file for this situation. I was suspended 4 days in total as a penalty for my 4 days absences, 3 of which was supposedly a medical/sick leave and the other absence was because my husband was sick. When I went back to report back for work, I gave all the med certs including my husband's to justify my absences. No NTE was given to me. After 4 days, I was given 3 NTEs; 1) for my 3 absences which was originally filed for medical leave 2) for my husband's sickness 3) for violation on company procedures and processes ( displaying uncontrolled behavior while on mute and on a call which happened on the 4th day after I went back to work, [I work in a BPO btw] ). The imposable penalties were 3-day suspension for my 3 day s absences, 1 day suspension for the behavior and termination for my 1 day absence due to my husband's sickness. I was given 5 days to explain in writing. Our Code of Conduct states that if the imposable penalty is suspension of more than 1 day and for termination cases, an admin hearing should be performed and it doesn't say that an explanation letter is a prerequisite to admin hearing. No admin hearing was done. I did not give any explanation letter as I was waiting for an admin hearing as well. On the 8th day from issuance of the NTEs, my supervisor went for a vacation leave thus delaying the due process I have been waiting. After 14 days 2 NODs were presented to me; 1) 3-day suspension for my 3 days absences and 2) 1 day suspension for my uncontrolled behavior. No NOD was given to me for the termination case. I filed an appeal because I find the penalty unjust and unfair as I was not given an ample time to be heard. My supervisor then got mad and was pointing out that my stats are not good so I shouldn't complain. My point was I was not given due process. I also don't have any form of verbal and written warning. This supervisor started humiliating me in front of my team mates and in the social media. Even my leave credits were manipulated. I decided to resign forcefully because I can't take the stress anymore. But I'm planning to file for a case at NLRC.

Hello po..update nman po mga admins and atty..thanks..

You may file for constructive dismissal

Thanks po sa reply HR Adviser. Pwede kaya ako mag file kahit mga after 6 months na? Nakahanap na po kase ako ng bagong work and I heard pag nagfile ako ng case,I would have to be present para sa hearing. Ayoko naman po maapektuhan yung attendance ko sa bagong company.

yes you can still file. It depend upon the arbiter if he will request your presents or just allowed your lawyer to represent you

Ok po.thanks po sa feedback..