ILLEGAL DISMISSAL!!

Good Day to all of you!!! Here's my story.... Ive been working for this Company for almost 11 months as a Food Attendant (Waiter) all i know is that i am already considered as a Regular Employee. I haven't sign any contract,all i remember is the 201 file that the H.R personnel let me accomplished. then suddenly this October 8,2010(Im hired on Nov.16 2009)the H.R Personnel told me that they are terminating my Service.because my monthly Evaluation been low? and they also included some of my late's and absences which is only minimal.i ask them for any due process,suspension or something to get me retained, i haven't receive any memorandum from the company ,still they don't grant me any.they said all i have to do is surrender my company uniform and file up my clearance form to get my 13month pay and salary.Im a family man got 2 kids 1 6yrs old daughter and a 5month old baby boy.im so stressed right now... don't know what to do? were i am going to get the money for my family daily needs? please anybody... let me know what to do? here are some of my questions? 1) in my 11monhts of service do am i considered as a regular employee?2)do i have a right on this case?3)do i have to sign the clearance papers to get my 13month pay and salary?4)do the company have the rights to dismiss me just like that? THANKS AND GODBLESS TO YOU......

if you are sure that you did not sign a contract prior to being hired, then you were a regular employee from day 1.

there is some risk in signing the clearance. the company will claim that you waived any right to go after the company. if you really cannot live without receiving your pay, then i recommend you accept the money and sign the waiver. there are cases decided that your economic needs force you to sign the waiver.

based on your narration, this appears to be illegal dismissal. your remedy is to file an illegal termination complaint at the NLRC.

THANK YOU VERY MUCH ATTY.! IT ENLIGHTENS ME.I JUST RECENTLY FILED A COMPLAINT AT THE NLRC LAST OCTOBER 11 2010 WE WILL BE HAVING AN HEARING THIS COMING NOVEMBER 11 AND 25,SA TINGIN NYO PO BA ATTY. MALAKI PO BA LABAN KO SA COMPANY NAMIN?SOME OF MY CO-EMPLOYEES SUPPORTS ME,SABI NILA ILABAN KO DAW YUNG KASO KO PARA MAGISING ANG KOMPANYA NAMIN,KASI MARAMI PA AKONG KASAMAHAN NA NATATAKOT NA BAKA BIGLA DIN SILANG TANGALIN SA TRABAHO NG BIGLAAN. THANK YOU AND GODBLESS....

“1) in my 11monhts of service do am i considered as a regular employee?2)do i have a right on this case?3)do i have to sign the clearance papers to get my 13month pay and salary?4)do the company have the rights to dismiss me just like that?”

On question number 1, please consider what our Labor Code says: Regardless of the written or oral agreements of the parties, an employment is deemed regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. (Art. 280)
However, there are two kinds of employment which are considered as exceptions to this provision, the project and seasonal emplopyees.
If you started in that restaurant as a probationary employee, and you have been allowed to work after the probationary period, you will be considered as a regular empoyee and will be entitled to security of tenure.
The meetings on Nov. 11 and 25 at the NLRC are the mandatory conciliation and mediation conference before the Labor Arbiter where you will be free to discuss, inter alia (among others) with your employer the chance of amicably settling the case upon a fair compromise.
I presumed that you have enumerated all the possible causes of action in the complaint sheet such as ULP and social security and OT claims, if any.

i agree with res judicata, with the small exception that the box of Unfair Labor Practice should be checked. that's a precise legal term referring to management and union relations and the ulps are interference with union activities.

Good Day! Nakipagsettle na po ung company na inireklamo ko sa NLRC, they signed the paper in all to pay me pero pag balik sa NLRC knowing na ok na bigla po nila binawi at sinabing wala na daw po kc ung mga taong nirereklamo ko sa company. Sabi ko po sa kanila itutuloy ko pa rin po reklamo ko agaist them. Seeking an advice.Thanks po.