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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » Late notice

Late notice

3 posters

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1Late notice Empty Late notice Tue Sep 06, 2016 11:00 am

mrwang


Arresto Menor

There was an incident report made to an employee about 9-10 months and sanction woild be a possible termination but for some reason HR wasn't abke to issue the memo to the concern employee. Can they still give this memo to the employee?

2Late notice Empty Re: Late notice Tue Sep 06, 2016 11:13 am

council

council
Reclusion Perpetua

No.

http://www.councilviews.com

3Late notice Empty Re: Late notice Tue Sep 06, 2016 11:20 am

mrwang


Arresto Menor

But if incase they push through with the memo and sanctiin and insist that they have the right to issue even it is late can thos be brought up to NLRC?

4Late notice Empty Re: Late notice Tue Sep 06, 2016 11:40 am

HrDude


Reclusion Perpetua

mrwang wrote:But if incase they push through with the memo and sanctiin and insist that they have the right to issue even it is late can thos be brought up to NLRC?

Yes, of course but they can still impose a lesser sanction though.



Last edited by HrDude on Wed Sep 07, 2016 5:49 am; edited 2 times in total

5Late notice Empty Re: Late notice Tue Sep 06, 2016 6:12 pm

mrwang


Arresto Menor

Thanks for this..hopefully they won't insist on the memo. Our HR has a hbbit of doing that and sad to say some employees have been terminated

6Late notice Empty Re: Late notice Wed Sep 07, 2016 5:46 am

HrDude


Reclusion Perpetua

mrwang wrote:There was an incident report made to an employee about 9-10 months and sanction woild be a possible termination but for some reason HR wasn't abke to issue the memo to the concern employee. Can they still give this memo to the employee?

YES, but HR can no longer impose the sanction of Termination. Any infraction/wrongdoing/irregular act will not be corrected nor regularized by the passage of time. As such, HR still, can process the incident report but can only impose a lesser sanction.

If HR failed to process the incident report on time, the same should not be taken against the employee rather, it should be taken against the HR.

If HR insists on the sanction of Termination, this will now be construed as against due process accorded to every employee.

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