"MISREPRESENTATION "

GOOD DAY PO ATTY...

I am currently employed po under probationary status. Our management discussed to me that they wouldn't consider me as a REGULAR EMPLOYEE despite working on their company from Sept 22, 2010 up to the present.. for the reason that i didn't inform daw our HRD regarding my pregnancy, i just confirmed my pregnancy last MAY 9, 2011 the day i had to make a 3 week leave due to my delicate situation that might lead to unwanted abortion... they said my offense falls under MISREPRESENTATION. And they will consider me as REGULAR na lang after my maternity leave.

i started working on this company last August 9 2010 as their trainee. Sept. 22 2010 was my date hired according to them under probationary status.

kindly help me and enlighten me on this matter..
is this just? and right?
anu po ang pwede kung i demand sa kanila?

you are already a regular employee by operation of law because your probation cannot exceed 6 months.

how many months are you pregnant?

are they allowing you to take your paid maternity leave?

attyLLL wrote:

are they allowing you to take your paid maternity leave?

Hi,

Would like to seek clarification on "paid maternity leave" - which laws or issuances provide for these?

I am referring to the maternity leave benefit.

attyLLL wrote:I am referring to the maternity leave benefit.

Of course.

My interpretation to your statement was that MLs are considered paid leaves - which I have not yet experienced in my previous employers.

hi atty,

good morning po...

yes, they allow me to take maternity leave for 78 days po... and mag 6 months na po akong pregnant this coming july.

all they cleared to me lang po was, they're gonna consider me as REGULAR after my maternity leave... ang pagkakaintindi ko po ay, they will only be signing my CONTRACT as regular pag tapos ku pong manganak.

what i do not understand is, anu po kaya yung iniiwasan nila for them to not consider me as regular employee yet? =(

i just dunno po pala if that leave will be paid atty..
kasi po my superior was saying something about SSS. i have submitted po kasi the sss requirements w/o my boss' knowledge, to be able to get its benefit..

did you sign any agreement which says you are extending the probationary period? If not, I don't recommend you resort to filing any case. try to handle it internally. you can begin with writing an email that you believe they are not making a right decision because you are already a regular employee after having worked for 6 months.

hi atty...

i didn't sign any contract to extend my probationary status... will do what you said po..

thanks po ng madame... =)