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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Insubordination

Insubordination

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1Insubordination Empty Insubordination Fri Jan 09, 2015 3:49 pm

Aleksandr


Arresto Menor

Question: I have a friend who was given NTE for Insubordination because she requested to be on 1-month leave due to personal issues, she opened a bar and needs to focus there for 1 month. Her boss didn't allow her. So, instead of going on leave, she just text in daily that she will not go to work for 1 week. Hence, she's informing her boss that she won't go to work. She knows it's unexcused absence. But her NTE includes both sanctions to unexcused absence and insubordination which is possible termination.

Is that legal? How can she explain her side on the NTE. Help please.

2Insubordination Empty Re: Insubordination Fri Jan 09, 2015 3:56 pm

Aleksandr


Arresto Menor

Addendum: As per law, what is the prescribed time of serving NTE? The incidents happen on Dec. 17-19, 2014, but she only got the NTE on Jan. 6, 2015.

3Insubordination Empty Re: Insubordination Fri Jan 09, 2015 4:26 pm

council

council
Reclusion Perpetua

the company can file whatever case for any infraction they feel the employee has committed.

it is up to the employee to reply and prove that he did not commit the infractions.

prescribed time: as long as it is within reasonable time.

I think the nte was given within a reasonable since it's the holiday season. nobody wants to have an nte ruin their holidays.

your friend is lucky that she wasn't charged with conflict of interest and other violations of the employment contract esp relating to having another job which may conflict with her work.

http://www.councilviews.com

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