New Hire Advice

Hello,

I was hired as an employee on November 15, 2013 and I've signed a contract to that effect. According to my contract, I was an employee effective November 15, 2013. I had an original training schedule on November 18, I went to work for two days, but I was informed, that the training class would be moved on November 25. I went to the office on November 25, and they informed me that it would again be moved on December 6. I have received no phone calls or letters or any form of communication from the HR department. December 6th came and I still didn't have any communication with the HR department. I decided to message a friend on facebook so they can ask our recruitmer. The recruitment department called me up and they informed me again, that the training class will start on December 16. Up to this point, I've sent them messages and they haven't sent me a reply. I am still an employee of the company as far as I know. Would the company be liable for not letting me know when I can work?

Thanks for your help.

Towi

Constructive dismissal.

What do you mean po by constructive dismissal?

Parang dinismiss ka na pero di lng dinaan sa official process.

So have they done something illegal po? If ever mag file ako ng complaint, may grounds po ba ako?

I've done a little reasearch po about constructive dismissal. Papaano po ba ako magfifile ng complaint? What's the best way to file a complaint po?

thank you po sa advice nyo and more power

Go to nearest DOLE office and file it.

I have spoken to an HR representative. According to her, wala pa daw next batch for training.

The real issue is rescheduling me from an active roster. Due to some health issues, I asked if they can move me to the next batch. They agreed. They allowed me to move to the next batch pero wala na palang next batch.

I've talked to someone and they recommended that I request for separation pay. Is that possible?

Thanks in advance

It is possible but the computation of separation pay is 1 month salary x the number of years serve. Assuming that your salary is P15,000. (15,000/ 12 months) * 1 month (Nov 15- Dec 15)= P1,250. It is computed this way because it is pro-rated

If I were you, try SEnA so that the company will be construed to give you a final schedule for training.

what's SEnA?

sorry hindi po ako familiar sa terms.

Thanks !

Single Entry Approach. It is use to conciliate employee-employer dispute without straining the relationship

And how will I do that po? will I go straight to DOLE?

Towiwi,

Ang pag file ng SENA ay ginagawa sa opisina ng DOLE na malapit sa place of work mo.
Hindi mo eto magagawa sa mall, sa palengke o kung saan pa man.

Pagdating mo ng DOLE office may guard dun, maglista ka ng name mo, tapos paturo ka sa area ng nagbibigay ng SENA form.
Tapos sagutan mo nga dapat sagutan dun, mga claims na henehenge mo sa employer mo.
Tapos pirmahan mo eto.
Ilang saglit lng ipagbigay alam ng opisyal dun kung kelan ka babalik para sa conciliations na paguusap.

Tapos pwd kna umuwi, pero dadaan ka muna ulit sa guard at mag log out.

Tapos papara kna ng tricykel o jeep man o bus tapos magbibigay ka pamasahe.

Hope nakatulong eto.

Thanks for the advise.

Btw, you don't have to be condescending. I appreciate you giving guidance and all, and if you feel high and mighty because you know the law, then go - have a good laugh.

I asked because I didn't know. You don't have to be an ass about it.

based sa experience ko hindi masyadong pinapansin nang mga employers yang SENA sa dole.. pag hindi sila umattend i rereset lang nagn panibagong hearing.. pag hindi pa din sila umattend, wala naman magagawa yung DOLE.. endorsed din nila sa NLRC.. so ang suggestion ko kung matibay ang kaso mo.. i diretso mo na sa NLRC at don ka na mag file.. sayang ang 1 month dyan sa SENA sa dole..