terminated due to absences

hi atty, question please. i am on training and still on a probationary status. i got sick and with valid medical certificate. i was absent for 8 consecutive days. when i got back the company already provided a termination paper. i did not undergo any hearing nor signed any notice to explain. i refused to sign the termination paper and told them that i will seek legal advise for this matter. what shall i do?

You are a probationary employee who failed training due to absences.
If there are no more training classes for you to catch up then the company can terminate your employment without need for any hearing or notice to explain.

well there are classes upcoming. also i was performing prior to the absences. almost done completing the training.
im not sure whether i still have to go to nlrc or just rest my case.

go to NLRC. There should still be due process as you are entitled to security of tenure within the probationary period.

We have the similar case Re : Illegal Dsmisal........ I went to NLRC yesterday, filed my complain thru SENA and was scheduled to meet my employer or it's representative for a dialogue and maybe thru amicable settlement by next week, but before that, i sought the advise of DOLE ( Officer of the day ) and was given different views of reference guidelines regarding the case... In my opinion, if you have documents to show that will support the reason for your absences, you have a higher chance of being given with due process...... Don't take much from the discouraging advise of some council on this forum, it's just an opinion... Be on your own feet to stand, win or lose at least you did something worthwhile for yourself..... SMS me if you wish to hear some updates regarding my case .. 09252667887

thanks sir karl. yes. i went there today.
sir nilo, yours was quick, i am scheduled next feb 10.
i guess ill have to wait.
its saddening coz prior to this company, the previous one i stayed for 5years. and this termination would definitely be a bad sight on my resume.

Did you sign any pass-fail training guidelines at the start?

Something like -

ATTENDANCE
- That I understand that the threshold for attendance is 98% of the required work hours for the whole
duration of Class room Training and Academy Bay.
-
- That in cases where I would not be able to report to work or come in on time, proper notification will be given at least 2 hours prior to the shift.

- That I will provide the necessary documents required as justification for my absence/tardiness

- That I do not incur more than 2 instances of Tardiness throughout Classroom Training and Academy Bay

- Should I incur either less than 98% attendance or more than 2 instances of Tardiness regardless of the total duration of lost hours, I will not be endorsed to Operations.

Probationary employees, like you, enjoy security of tenure during the probationary period. As such, you can only be terminated for just and authorized causes with the strict observance of due process.

File a complaint as you were illegally dismissed.

I know that we should pass the attendance, but if the absence was legal and you have documents to support, or even if i should really be terminated I should be atleast notified beforehand right. or as what you have advised there should be a due process.

Yes, if the absences were justified and the employer will not honor the same, the employer risks being sued.

The duty of the employer here is to validate and verify the supporting documents. If valid, the employer cannot terminate an employee by this reason.

yes the termination paper i received stated excessive absenteesm. but the absences that i have incurred have all medical certificate.
thanks, i guess i have to wait for the scheduled conference.

Perhaps you could enlighten us on the attendance policy of your company.

Hi,

I was also terminated for gross and habitual negligence, I was absent for 3 consecutive days because I was sick. I furnished them copies of my med cert and notified for the incurred days. The company didn't honor it and I was tagged as NCNS even I had personally appeared on the 3rd day and the 2 prior days also has med certs. According to the HR, it won't be considered as excused because I wasn't confined in an ER.

As what I can remember this policy isn't on the contract I signed and this was just sent via email for the company's attendance policy.

1)       An employee who will call in sick during this period should present a valid medical certificate from a hospital accredited by our current HMO provider, regardless of the number of days of absence. Failure to present a valid medical certificate to substantiate claims for absence due to medical or health reason shall warrant the imposition of the appropriate corrective action.

2)       Unsubstantiated reasons for non-medical or non-health related absences during these days shall warrant the imposition of the appropriate corrective action. Absences before and/or after one’s day(s) off or  plotted Vacation Leave  falling within declared critical work days shall warrant the imposition of the appropriate corrective action.

3)       Any other excuse except for the following is considered unacceptable reasons for missing work, even if supporting document is provided:

·         Sickness resulting to hospital confinement – shall be supported by a medical certificate

·         Having contagious illness – shall be supported by medical certificate

·         Bereavement leave – shall be supported by death certificate

·         Emergency leave – shall be supported by valid documentation

·         Sent home recommended by the Company nurse –applies to employees who reported to work but given a recommendation to rest at home by the company nurse due to their health condition. If additional days of rest is required, a medical certificate is needed.


4)       For cases that require Medical Certificate issued by a hospital accredited by our HMO, the all information below is required:
·         Doctor’s complete name, license number and contact information
·         Diagnosis, exploratory laboratory tests (if applicable)
·         Required number of day/s rest and the doctor’s recommendation for treatment
·         Fit to work clearance

Kindly advise if this policy confirms to the labor law.