Terminated due to my hospital confinement

Hi,

I hope someone can give me useful insights regarding my concern. I worked for a BPO company and my employment's on prabationary status since I am still a trainee. During my training period, I was admitted at the hospital as per advise of a physician. My supervisor and the ops knew about my confinement. During the second day of my confinement, my immediate supervisor texted me that they are terminating my employment as per the ramp agreement, a trainee needs to commit 100% in attendance. I have my copy of my ramp agreement and my contract. It was stated in the ramp agreement if an agent did not conform with the agreement he will undergo a due process. I haven't got an NTE(prior my supervisor's text) either a summon from the HR for the notice to be heard. I also validated this from the HR/Employee Relation and they just confirmed that my supervisor terminated me because they did not receive a documents of my confinement. I just received a letter signed by my supervisor that she terminated me( did not receive a notice of termination). Can this be a valid case to file in NLRC?

What is the due process outlined in your contract?

The letter signed by your supervisor IS YOUR NOTICE OF TERMINATION.

Hello Jadis,

The due process wasn't elaborated on the contract. However, such instances like absenteeism, the due process for it is as follows: 1. Supervisor will draft NTE and explain the grievances of such to the agent 2. Upon 48 hours of agent's response, it will be deliberated if it's a valid excuse 3. No notice of termination should be given without HR's signatory

jaam93 wrote:Hello Jadis,

The due process wasn't elaborated on the contract.  However, such instances like absenteeism, the due process for it is as follows: 1.  Supervisor will draft NTE and explain the grievances of such to the agent 2.  Upon 48 hours of agent's response, it will be deliberated if it's a valid excuse 3. No notice of termination should be given without HR's signatory

Your logic is misplaced my friend. This is the due process for the termination of the services of the employee for Job Abandonment.

You were NOT terminated by reason of Job Abandonment but by 'Non-certification' or non-completion of the terms and conditions of your training.

You do have to sign a non-cert doc though