Company Policy " Tardiness" Issue

Good Afternoon.

Today I receive an Incident Report (IR) regarding habitual Tardiness stating that,

For the Month of July/August 2016, it is shown that you have incurred a 73 minutes of Habitual Tardiness. This following are the details.

*   July 17       -- 55 min late
*   July 21        -- 1 min late
*   July 29        -- 1 min late
*   July 30        -- 5 min late
*   August 17    -- 5 min late
*   August 18    -- 2 min late
*   August 19    -- 2 min late
*   August 20     -- 2 min late

Base on the Company Handbook, 5.4.7 Tardiness and Absences: Habitual Tardiness (Reporting more than 10 minutes late for work five times within a period of 30 days or accumulating 90 minutes or more in a 30-day period. The Sanction of accumulation 73 minutes of tardiness is 3rd offence which is written reprimand + 1 day Suspension.

Prior to this I also received an IR dated May 2016 stating that I accumulated 53 minutes late in the Month of January and also accumulated 70 minutes late in the Month of March.  What I did is I spoke to my manager asking why I receive an IR even though the details of my tardiness on those months did not break/violate the Company Handbook Tardiness and Absences considering that it refers Habitual Tardiness as Reporting more than 10 minutes late for work five times within a period of 30 days or accumulating 90 minutes or more in a 30-day period. But she told me that even though the details of late did not violate, it is still ground for an IR due to the late pattern.

My Question is:

1.) Is the pattern of my tardiness really a ground for IR even though the Company Handbook refers habitual tardiness as Reporting more than 10 minutes late for work five times within a period of 30 days or accumulating 90 minutes or more in a 30-day period?

2.) IF the Answer is YES, does a Private Company/Management really have a legal rights to issue me an IR and might Sanction me for Termination even though their reason differs to what is stated in the Company Policy.?

3.) If the Answer is NO, what would should I do (Except of Promising not to be late anymore of course). what would should I do? Can you please give me an advice? Because for my understanding the details of my tardiness did violate or exceed the limit (meaning it is not an offence) and doesn’t deserved an IR but still they issued it.


I'm afraid that soon if i will be late of accumulate 10, 20 or 30 minutes they might issue again an IR and will be sanction for Termination. Please enlightened me. I would gladly appreciate your legal advice. God Bless.

1. Yes, as long as they don't impose sanctions. I think the IR is being used merely to inform that and record that this has been your "performance" in the past.
2. Yes, if the sanction is not based on the IRs that did not violate the company policy. im guessing but the HR is probably going to sanction you for the july/august IR and use the march and may IR to establish prior pattern.

The next IR wont probably be used to terminate you but since a pattern has been established.
Just consider yourself warned.
An IR is just a report that something occurred during your work that is a cause for concern. It can be used to inform, reprimand, warn but more specifcally an IR is used to officially document the incident. Para lang di mo masabi na "i was not informed". Or to establish that you are not contesting the facts. In your case that you were really late for those days.

Why don't you check with your HR for your questions instead? In my experience, HR folks usually are very good at clarifying these matters of policies.