forced to resign

Hello,
  2 years ago nag work po kami sa lending company na pag-aari ng 2 pinoy na magkapatid, nagkaron ng time na nalugi yung company kaya nag retrench cla ng half of employee. Kami naman na natira pinag trabaho pa rin para raw sa survival ng company, pero after 4 months nag advice ung 2 may-ari na need na raw isara ung company. Ni-require nila kami na mag pasa ng resignation letter tapos binigyan naman kami ng promisory letter na babayaran kami sa last pay namin pati yung deducted taxes sa salary na di nila nai-remit for the last 4 months, nakalagay din sa letter na hintayin lang raw namin  pag nagka pera from other collectibles saka sold assets. 

  Until know wala kami nakukuha, okay naman yung status nung isang amo namin kasi meron pa rin cyang company na pinapa takbo then yung isa naman stable din sa iba nyang incomes. Nagpa-follow up kami kaso lagi nila sinasabi wala raw silang maibabayad, yung iba naman sa min nag try mg demanda kaso during hearing matigas raw talaga yung magkapatid.

  Gusto ko sana malaman kung ano yung una ko na gagawin para makapag complain kasi bago lang sa kin yung ganitong legal actions. May mga nababasa ako na magpunta raw ako sa DOLE, NLRC saka mga public attorney kaso di ko talaga alam kung ano dapat unahin   


thanks in advance for your advices and sorry pala kung mala novela itong post ko

poor_employee

sabi mo yung iba nakapag demanda na.. san sila nag demanda? ano nangyari?

Patok wrote:sabi mo yung iba nakapag demanda na.. san sila nag demanda? ano nangyari?

Hi Patok,
 thanks sa pagbasa sa post ko, yup natawagan at na meet ko na rin yung mga nag demanda, majority sa mga sinasabi nila wala raw nangyayari eh, ung iba naman sinasabi sa kin hinayaan na lang nila. Wierd lang kasi malalaki yung mga last pay nila tapos hahayaan na lang nila yung kaso,   saka nung nag meet ulit kami pansin din ng iba sa min eh mukhang super relief na sila after nung mga hearings encountered.

  Gusto ko sana asikasuhin mag isa yung sa kin kasi may doubt na  ako na baka na aregluhan yung iba na nag demanda  since they dont share too much info sa result ng hearings nila ska baka may internal agreement na cla between them and the owners at nasabihan na rin para di na rin gumawa ng hakbang yung iba   . I admit I'm not yet matured and bago lang ako sa mga ganitong lakarin pro kasi 2 years na rin yung utang nila sa kin.

poor_employee

hindi pwedeng walang nangyari.. malamang nakipag areglo yang mga yan hindi lang sinasabi.. i suggest you file your own case sa NLRC.

Patok wrote:hindi pwedeng walang nangyari.. malamang nakipag areglo yang mga yan hindi lang sinasabi.. i suggest you file your own case sa NLRC.

Hi Patok,
 thanks sa attention mo sa post ko, noted sa NLRC muna ako pupunta, I'll keep everyone posted here for the results.  

 I hope all wont mind if I ask: malaki ba chance na makuha ko yung utang nila sa kin?. Knowing those owners mukhang matigas kasi talaga saka ayaw makipag cooperate. Yung collectibles ko sa kanila are yung last pay ko saka yung salary dedcutions ko gaya nung taxes saka yung SSS loan ko na dineclare nila na hinuhulog nila pero inamin din na hindi pala. And as of my gathered info, mahirap raw kasi singilin yung taong ayaw talaga magbayad even if capable naman yung may ung tao??


poor_employee

Hello po :)i just need pieces of advice. I was sick for 5days and was not able to go to work may valid documents nman ako from the doctor. My Team Leader didnt like the fact na absent nnaman ako. Nun nakabalik n ko sa work she asked me to log out (call center agent po ako) tapos she asked mo to sign my disiplinary action form and an attendance mngt plan form. Snbihan ko xa that day na ill fe filing my resignation on mar15 so obvious naman po na effective un apr15. The day after i told her that she went to my station and asked "where"s your paper(resignation letter)" sbe ko sa mar15 pa nga ako mag ffile . Tapos 2nd day she sent me a txt msg asking for my resignation letter again. She may not be vocally telling me na mag resign na ako agad but it feels like shes forcing me to file my resignation as soon as possible. As far as i know, resigning is voluntary.
Help lan po legally kun ano vinaviolate nyang law sa gngwa nya sa aken? I cant focus from work anymore coz im so emotionally disturbed n po. She's mad kase out team's absenteeism sucks kase lage ako absent but i dont think employees deserve that kin of treatment po .SANA MAY TUMULONG saken

di ka man lang tumawag nung nag absent ka nang 5 days?

wag ka mag resign.. just do your work... let them terminate you..

hello
i also had the same experience and was asked to do it while i am on medical leave. pwede ko pa ba silang i-report sa DOLE or NLRC? it has caused irreparable damage to me...
i had this abnormal uterine bleeding last january and na-raspa ako. doctor's advise was to rest for 60 days. ang sabi ng HR manager, di allowed ang matagal na absence since nagamit ko na raw lahat ng SLs ko at wala pa raw akong 1 year. eh i provided them my med cert and regular employee naman ako. been with them for 11 months and nag-absent lang naman ako nitong nagkasakit na ako. i hold one of the key positions in the company. sabi pa nila, hindi pwedeng mag-stop ang business dahil sa wala ako. eh may gumagawa naman na ng trabaho ko dun.
i feel aggravated. i remained nice to them and that hurts. i know i have been a good employee, di ako pasaway. di ko deserve yung ginawa nila sa kin. i had plans of leaving but not with what they asked from me. i know na may mali na sa gusto nilang mangyari, di ako makapag-isip na ng tama bcoz i have a medical condition pa. and when my family and friends learned what they did to me, my belief and right to complain strengthen.
please advice.

distressed mom wrote:hello
i also had the same experience and was asked to do it while i am on medical leave. pwede ko pa ba silang i-report sa DOLE or NLRC? it has caused irreparable damage to me...
i had this abnormal uterine bleeding last january and na-raspa ako. doctor's advise was to rest for 60 days. ang sabi ng HR manager, di allowed ang matagal na absence since nagamit ko na raw lahat ng SLs ko at wala pa raw akong 1 year. eh i provided them my med cert and regular employee naman ako. been with them for 11 months and nag-absent lang naman ako nitong nagkasakit na ako. i hold one of the key positions in the company. sabi pa nila, hindi pwedeng mag-stop ang business dahil sa wala ako. eh may gumagawa naman na ng trabaho ko dun.
i feel aggravated. i remained nice to them and that hurts. i know i have been a good employee, di ako pasaway. di ko deserve yung ginawa nila sa kin. i had plans of leaving but not with what they asked from me. i know na may mali na sa gusto nilang mangyari, di ako makapag-isip na ng tama bcoz i have a medical condition pa. and when my family and friends learned what they did to me, my belief and right to complain strengthen.
please advice.

You can complain to SSS and/or DOLE for this.

1. For your condition, you may be entitled to maternity leave due to the procedure done (check mo to be sure).
2. Their action may be a violation of the Magna Carta for Women - depending on interpretation, your condition may apply:

• Leave benefits of two (2) months with full pay based on gross monthly compensation, for women employees who undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months;

i have applied my sickness benefit from sss and they approved 21 days out of the 60 days that was written in my med cert. after my operation,  i informed and asked the hr manager about the magna carta for women, though i told him that im not even sure if im qualified. he said he will review it but then he also replied na duda sya na maglalabas ang company ng ganung kalaking pera. on the following days, he said na hindi ako qualified. question: am i still entitled to magna carta even if i have informed them that im resigning this month (this happened when i dropped by the office last month). may habol pa ba ako after giving in to them to process my resignation (done on feb. 17).
i received a call from the hr manager yesterday morning. he asked if i have a job already. inaalok nya ako ng work, ayusin ang records ng hr. 1 month lang sya pero it will depend how fast i can finish. ang bayad per hour, P155.00 net, 100 hours max within 4 weeks. naiipit ako, kasi need ko rin ng income but then im still hurting and may plan na ako dalhin sa labor itong ginawa nila sa kin.

Dear Attorneys,

I just would like to ask if we have sufficient grounds to file a case against my wife's employer.

My wife started working for a real estate company as a client relations officer. After just 1 week, she was told that she would be terminated because she was an undergraduate. Here are the facts:

1. It is pretty clear on her resume that she did not graduate and only had 3 years of college education. There was no indication that she was a graduate whatsoever.

2. She had 3 interviews before she was hired. She was never asked about her educational attainment.

3. She signed a contract. She was required a medical exam (which we ourselves paid for). After signing, she had to wait 2-3 weeks before she could start working. She had to buy a lot of "corporate" attire and shoes for the job.

4. On the last day of her first week, her supervisor told her in a private meeting that she would be terminated.

5. Upon hearing the shocking news, she asked if she could be given at least a few weeks until she can find a new employer. The supervisor said she would have to check with their corporate office. She was told to go home at noontime of that day.

6. After almost a week of waiting, she was told that she can't be employed any longer and that she NEEDED TO RESIGN ASAP.

7. She was told that after she passes her resignation letter and be cleared, she would IMMEDIATELY get the compensation for the 1 week that she worked for.

8. After a few days, she followed-up with the company regarding her pay. She was now told that she would have to wait 2-3 MONTHS before she can get the compensation. Without any other choices, she passed her resignation letter.

9. A few days after she passed the letter, she was told that she will NO LONGER BE COMPENSATED because SHE HAD FALSIFIED HER DOCUMENTS.

The termination was sudden, without any prior written notice, even though she DID NOT LIE about her educational attainment and THERE WERE NO DOCUMENTS FALSIFIED.
To add insult to injury, she will NOT BE PAID after being promised that she will.

It was clear that the lapse was made by their HR, because they failed to determine whether or not she graduated. In fact, as an indication of this flaw, the company SUSPENDED TWO OF THEIR HR STAFF because of the incident.

We have a 1 year old daughter to feed. Because of this very sudden event, our finances had to suffer. There wasn't even a tiny bit of consideration. Not even the 1-week pay. She was left hanging high and dry.

We have all the text messages of her boss and the HR manager.

Do we have a case? If yes, what's the first step?

Your free legal advice would mean the world to us. We believe we deserve to be heard.

Thank you.