Administrative hearing tomorrow for excessive tardiness for termination

Good day sir,

I have been served a memo last week for excessive tardiness for the period 12/06/2016-12/20/2016 (payroll which is our cut-off period) for having more than 3 instances of tardiness.

I have been previously suspended last February 2015 (covering the period of 2014) for 1 month due to excessive tardiness. The next offense would be for termination.

Here are the lines under our tardiness policy:

TARDINESS

There shall be no grace period. Arrival beyond the designated working time shall have corresponding deductions in salary except for employees in the Professional/Technical (P/T), Supervisory (S), and Managerial (M) levels.

Tardiness of more than two (2) hours shall be considered as a half-day absence or leave.

Unexcused tardiness in reporting for work for three (3) times within a two (2) week period, regardless of rank, shall be subject to disciplinary actions as prescribed in the Codes of Conduct and Discipline. Likewise, their punctuality record shall be considered during performance appraisals, rewards programs and salary reviews.

Last January 2016, I have also asked our previous HR Officer (mentioned here as xxx now resigned from the company) clarification regarding the 2 week period via Microsoft Lync and saved it on text file. Conversation as follows:

[1/18/2016 1:48 PM] xxx:
po
[1/18/2016 1:49 PM] ME:
tanong lang ako regarding yung not more than 2 instances ng tardiness w/in 2 week period ng tardiness ...
[1/18/2016 1:49 PM] xxx:
?
[1/18/2016 1:49 PM] ME:
ano yung 2 week period?
[1/18/2016 1:51 PM] ME:
1-15 tapos 16-30/31 ba?
[1/18/2016 2:00 PM] xxx:
dpende sa cut off weeks
[1/18/2016 2:01 PM] ME:
panong cut-off weeks?
[1/18/2016 2:01 PM] ME:
let's take this January for example ...
[1/18/2016 2:02 PM] ME:
yung jan 1-16 is the first cut-off tapos yung jan 18-30 and second cut-off tama po ba?
[1/18/2016 2:03 PM] xxx:
yes
[1/18/2016 2:03 PM] xxx:
pero hndi lagi ganon
[1/18/2016 2:04 PM] xxx:
nagstart un sa start date mo
[1/18/2016 2:04 PM] ME:
panong start date?
[1/18/2016 2:05 PM] ME:
para bang kapag ang start date ko is Feb 1 then Feb 1-13 tapos Feb 15-26 ganon po ba?
[1/18/2016 2:11 PM] xxx:
yes
[1/18/2016 2:11 PM] xxx:
then 27-march somthng
[1/18/2016 2:11 PM] xxx:
then continues na yun teh
[1/18/2016 2:12 PM] ME:
ok thanks ... one more thing po ... any feedback regarding yung medice allowance if pwede yung prescribed maintenance medicine?
[1/18/2016 2:12 PM] xxx:
wht medicine?
[1/18/2016 2:14 PM] ME:
atenlol para po sa blood pressure ...
[1/18/2016 2:15 PM] ME:
once a day yung recommendation sa akin ...
[1/18/2016 2:22 PM] xxx:
sge go
[1/18/2016 2:22 PM] xxx:
reimbrse mo na
[1/18/2016 2:29 PM] ME:
kk tnx very much po =)

Effective January 1, 2017 we were transferred to a different subsidiary (but technically the same company) and signed a new contract for said company on the condition that we retain tenure from previous business unit as well as current salary and benefits.


I am expecting an administrative hearing anytime now.
My questions are:

1. Is it legal for the company to issue the memo at all given that we are now under a different company name? I mean can Company B penalize me for something I did for Company A given the condition of continuous tenure?

2. Is my conversation with our previous HR Officer viable given that our policy for the 2 week period is very broad?

3. Will my conversation with our previous HR Officer hold ground because I don't have more than 2 instances of tardiness within a 2 week period if the 2 week period is for 1-15 and 16-31 cut-offs?

4. Is it legal not to reset the schedule of penalties given that it has been almost 2 years since my last offense?

5. Should the schedule of penalties be reset to verbal warning since we're under a new company name even if it is under the condition of continuous tenure?

6. Can I assert that 1 week is defined as a period of Monday to Saturday and not for example Wednesday to Tuesday, etc., because there is no exact policy indicating Monday to Saturday as our regular work week (no shifting schedule for 6 years since working here)? Therefore our policy of any 2 week period would signify any 2 Monday-Saturday work week(Can I assert this?).

7. Is it legal for the new HR Officer to be orienting new applicants that the 2 week period is from 6-20 and 21-5 without and written policy specific to this cut-offs (only the vague "2 week period" line in the policy)? Btw I wasn't oriented regarding this 6-20 and 21-5 cut-off. I was only informed about the new policy via email that is why I clarified the cut-off last 2016 because the new policy is very general.


I hope I get an immediate response from you before our administrative hearing.

I remain.

Thank you.

ME

1. Is it legal for the company to issue the memo at all given that we are now under a different company name? I mean can Company B penalize me for something I did for Company A given the condition of continuous tenure?

YES, you said so yourself that company B is a subsidiary of A and that your tenure will not be affected. It can be assumed that your profile has been retained and the incidents connected to your profile has also been transferred to company B.

2. Is my conversation with our previous HR Officer viable given that our policy for the 2 week period is very broad?

You could try. You said that the last sanction for you was last Feb, 2015, it would be too harsh if they would consider the same considering that it was 2 years ago. Check your code of conduct, maybe there is a 'cleansing period' for your violation.

3. Will my conversation with our previous HR Officer hold ground because I don't have more than 2 instances of tardiness within a 2 week period if the 2 week period is for 1-15 and 16-31 cut-offs?

You could try. Just open this up in your admin hearing.

4. Is it legal not to reset the schedule of penalties given that it has been almost 2 years since my last offense?

Yes, there is nothing in the law that violations and its penalties has to be 'reset'.

5. Should the schedule of penalties be reset to verbal warning since we're under a new company name even if it is under the condition of continuous tenure?

Check company B's code of conduct if the same is the same as that of your previous company. Check also if there is a 'cleansing period'.

NOTE: NO ONE can compel a company to 'reset' its penalties. Not even the President of the Philippines.

6. Can I assert that 1 week is defined as a period of Monday to Saturday and not for example Wednesday to Tuesday, etc., because there is no exact policy indicating Monday to Saturday as our regular work week (no shifting schedule for 6 years since working here)? Therefore our policy of any 2 week period would signify any 2 Monday-Saturday work week(Can I assert this?).

You can try but this will be futile. Your interpretation is NOT correct. If the rule is a two-week period, you CANNOT demand that it should start on Mondays or any particular days.

7. Is it legal for the new HR Officer to be orienting new applicants that the 2 week period is from 6-20 and 21-5 without and written policy specific to this cut-offs (only the vague "2 week period" line in the policy)? Btw I wasn't oriented regarding this 6-20 and 21-5 cut-off. I was only informed about the new policy via email that is why I clarified the cut-off last 2016 because the new policy is very general.

If the old and new company has the same code of conduct, you CANNOT deny that you had not undergone 'orientation' and that you do not know the policy because of this. You are with the old company for more than a year, it is impossible that you dont know your attendance policy even if your are not 'oriented'. You are considered negligent if you claim that you do not know.