illegal dismissal and holding of my original requirements

i have a case sa nlrc, kc po nagbaba ng notice of end of provisionary agreement ang gen. manager namin sakin last dec28, wherein as per provisionary crontract na napirmahan ko ay effective dec8 lang po, tapus ang grounds nila ay mostly for terminaltion. pinapirmahan nila skin without attachment ng evaluation skin. then now, they are not releasing my original requirements kc daw may case pa kami sa nlrc and pati din po ung last pay ko.
they wanted me to endorse ng lahat ng pendings ko.
please i have to know what to do, i have a recorded meeting na tinatanga nya kami, tapus

anu po ba pwede ko isampa na kaso sa paghohold nila ng original documents ko at sahod?

What requirements did they withheld?

As per your last pay, if it exceeds p5,000, you may file money claims at NLRC

RyanJayJunio wrote:i have a case sa nlrc, kc po nagbaba ng notice of end of provisionary agreement ang gen. manager namin sakin last dec28, wherein as per provisionary crontract na napirmahan ko ay effective dec8 lang po, tapus ang grounds nila ay mostly for terminaltion. pinapirmahan nila skin without attachment ng evaluation skin. then now, they are not releasing my original requirements kc daw may case pa kami sa nlrc and pati din po ung last pay ko.
they wanted me to endorse ng lahat ng pendings ko.
please i have to know what to do, i have a recorded meeting na tinatanga nya kami, tapus

anu po ba pwede ko isampa na kaso sa paghohold nila ng original documents ko at sahod?

Just file money claims sa DOLE.

nagfile na po ako, ang problema ko din po ung mga requirements ko na lahat original nasa kanila, 3 employers na po ung hindi ko natuluyang pasukan because i dont have all my requirements, di nila binibigay hangang ngaun. kahit nakapagpa-clearance at nakapagpa-received na ako ng endorsements ko.

Pre-employment requirements (NBI, police, etc) whether original or not, becomes a company property (201 file of an employee) and is not required to give it back to the employee once resigned.

Do you have an agreement that the company will return your requirements once you resigned?

including original birth cert, transcript, e1?

Why did you give your original BC, TOR & e1.

You can try asking it from them. There is no law stating that they must give back your requirements. Or ask your lawyer if you could include it in your position paper

HR Adviser wrote:Why did you give your original BC, TOR & e1.

You can try asking it from them. There is no law stating that they must give back your requirements. Or ask your lawyer if you could include it in your position paper

Contrary to that.
Original documents is still personal property of the employees. Only that HR people try to ask for original documents for clarifications purposes and should be returned to owner afterwards.
The actions of not giving back the originals are just RETALIATORY MEASURES done by some erring HR people, that is t delay job hunting activities by the employees.

Just include in your claims that all original docs should be returned to you immediately.
If they can't return it, file NEGLIGENCE on HR part.

Alex,

Is there a law barring HR to get original documents? We require original NBI, Police, brgy clearance, NSO birth certificate, drug test and cedula for security purposes.

ryan, i recommend you just get new originals of these documents

HR Adviser wrote:Alex,

Is there a law barring HR to get original documents? We require original NBI, Police, brgy clearance, NSO birth certificate, drug test and cedula for security purposes.

Contrary, was there a law also that requires you to get original documents?
Can you show me?

There's none but can be considered as COMPANY PREROGATIVE

HR Adviser wrote:There's none but can be considered as COMPANY PREROGATIVE

Noted.
So as part of obligatory measures, you can ask it anytime as part of your security measures. But it may considered negligence in part of HR if they were not going to return it to owner.
There must be a mutual policy regarding this. Sometimes over exercise of prerogative may lead to oppression and results to difficulties in part of the applicant because it costs money to re-apply for original documents. Things which most HR neglect. Therefore, I can say that the need more seminars on how to care and take another course of what HUMAN really means to.

How come not returning becomes negligence? I don't see any relation. Pre-employment requirements are basic requirements. And asking for the original copy is not over exercise. Alex naman, para requirements lang malaking issue na? Kailangan pa talaga may mutual policy pa? Para namang sinasabi mo na napakawalang hiya at hindi na makatao ang mga company just because they ask for some original requirements.

HR Adviser wrote:How come not returning becomes negligence? I don't see any relation. Pre-employment requirements are basic requirements. And asking for the original copy is not over exercise. Alex naman, para requirements lang malaking issue na? Kailangan pa talaga may mutual policy pa? Para namang sinasabi mo na napakawalang hiya at hindi na makatao ang mga company just because they ask for some original requirements.

Of course I didn't say that na walang hiya.
Walang consideration siguro pwede pa.
Even for employment or not, any original even photocopied docs are still owners property.
Companies asked for records and legal requirement purposes. For original docs, like NSO certificate, I remember DFA for passport req asked for original.

Nasa HR na yan na nag cheheck if talaga bang threat or criminal yung applicant.
By just simple looking at the original and the photocopied docs, parang alin ng naiiba checking lng yan madame HR.

Yung issue ksi dto ayaw ibalik ni HR ang original docs.
Bakit pagmamay ari nyo ba lahat?

Alex,

As I've said earlier, once you give your requirements, it becomes a company property. Just as when you give me a house, it becomes my property and not yours. Also, you just can't simply revoke it. Simple premise as that.

And there are previous scenarios that prompted the company to ask for original documents. Anyways, this documents can still be asked from NSO, NBI, etc. Also,especially for big companies like us, it is really time consuming to verify records to all of our new hires especially now that you can just get authentic looking documents from baclaran, divisoria and else where

We should have owned you if we own everything