SUSPENSION

Good day Atty!

I am working as an online ESL tutor for Korean students po. The company asks us to come to work 15 minutes before the shift starts. Employees arriving later than 15 minutes prior to the start of a scheduled shift would "be considered late", and will be given 1 point as their disciplinary action kapag na late po ng 15 minutes before the shift starts. If na ka perfect attendance po ang isang employee sa isang buwan, makaka receive po sila ng attendance incentive.

Sa case ko po, I incurred 8 points dahil I couldn't come to work 15 minutes before the shift starts.I usually arrive at 1:50 or 1:55 Pero never po akong na late sa actual schedule namin which is from 2pm to 11pm so dahil po dito, forfeited na po ang attendance incentive. Binigyan pa din po ako ng memo regarding tardiness dahil hndi ako nakaka punta 15 minutes before the start of the shift. They also removed my students but i still go to work doing nothing. Subject for suspension na po ako because of ot and they forfeited all kinds of incentives for 3 months.

Ang question ko po,

- Legal po bang bigyan ako ng memo regarding my attendance kahit hndi nmn po ako late for the shift which is 2-11pm?

- Legal po bang tangalan ako ng students without prior notice?

- Legal din po bang tangalan ako ng incentives for 3 months?

I am hoping for your response.

Salamat po.

does this mean you will have no salary for 3 months?

Good day atty,

I will still be receivening my salary every month. However, all incentives such as attendance incentive, student's renewal incentives are already forfeited for three months. Meaning, I will only be receiving my salary every month without the incentive. They also removed all students. I just come to work and do nothing. The management doesn't know when will they give me students again. Pumapasok pa rin po ako at 2 weeks na po ako walang students. Ang work po namin ay Online English tutor for Korean students.

if you were required to arrive 15 mins before, then that time should be paid.

do you feel they're trying to make you resign? punting a you in the freezer can be considered constructive dismissal if the intention is to make your situation unbearable.

you can write to management to complain that their punishment was not warranted or too harsh. you can later file a complaint for illegal constructive dismissal at the nlrc.

Atty, thanks po sa advice nyo.

Good day to you again Attorney!

I filed constructive dismissal against my employer last month. June 09 was the first hearing. I discussed all the details with the employer's lawyer. Both arbiter and the employer's lawyer asked the amount of settlement if ever I will agree to that idea, so the lawyer could discuss it with her client which is the employer.

Today,was the second hearing. The employer's lawyer said that they are not willing to pay any amount of settlement. The arbiter advised to pass a position paper, but I insisted to have a reshuffle and let the case handled by another arbiter, which means another set of hearing will be scheduled.

Attorney, I'm actually confused on what to do next. I hope you could give me advice and tips about this.

1. Is my decision right to request for a reshuffle?
2. I don't know what to expect from the arbiter who just seemed to be listening instead of making things clear on my part.
3. Should I consult a PAO lawyer? How much would it cost to get a PAO lawyer?
4. since I request for a reshuffle, the arbiter asked me to file a letter of request to them. as a complainant, do i have the option to choose an arbiter?

5. How much would it cost to file a position letter? would it cost 10 thousand pesos?

I am hoping for your advice on this matter. Thank you very much for replying to my previous concern.

where is this?

was there a date set for filing of position paper?
i feel you were expecting too much from the arbiter. you just pissed him off.
you can consult pao. it will be free if you qualify.
no, you do not have option to choose the arbiter. it will be raffled.

10k for a position paper is very steep.

so you don't report to work anymore?

Thank you for the reply Attorney.

Attorney,

Yes, Attorney. I do not report to work anymore. I filed it at NLRC. You're right sir. Its my fault to expect too much. I realized that I did the wrong decision asking for a reshuffle. They allowed me to file the position paper until the last week of June. I am thinking if it is okay not to continue with the reshuffling. Can I still go go to the arbiter's office and submit a letter to cancel the reshuffle and submit the position letter?

Thank you very much attorney in replying to my message.

i recommend you don't file any letter at all, and just file a position paper. the gave you only 1 week to do it?