Every Other Day Suspension

i work in a call center for 3 years and 8 months already. Last Sept 10-13 2011, i was out of the office due to sickness. Sept 10, 2011 i called my operations manager to inform her that i cant make it to work due to sickness, after several attempts, my call was left unanswered so i decided to just send her a message saying that i'll be out for that day. I never received any reply from my manager as acknowledging my message. The following day(sept.11 20011) i went to the hospital to have a check up with my doctor, my doctor issued me a medical certificate and advised me to have a 3 days bed rest. So i tried to calle my Operations Manager again to inform her that i need to have 3 days bed rest as advised by my Doctor, for whatever reason's my manager still did not answer my call so i sent a text message again stating the days that i'll be absent, and again no reply coming from my manager. I was already under the impression that my Manager already acknowledged my text message so the following 2 days, i did not call her and text her anymore. When i returned to work, my immediate supervisor issed me a Notice to Explain letter because i was tagged as NCNS(No Call No Show) for 2 days(Sept 12 and 13) and a possible sanction of Dismissal from work. I replied on the letter explaining my side and I attached my Medical Certificate. An Admin Hearing was conducted, again I explained my side and they ask me to tell them the proper call-out procedure. So i said call Operations Manager 2 hours prior the scheduled shift (which I did). To sum it up, they insisted that I am guilty of not following the proper call-out procedure because according to them i need to call everday and i failed to call the following 2 days. They did not listen to my explanation that the reason why i did not call anymore because I was under the impression that they accept my text notification. The HR Manager told me that my case is for Dismissal and I am Guilty, He then ask me what will I do if they Terminate me, so i answered if they could mitigate it to a lower sanction since I dont have any attendance issues and that there was no open communication established and that it is just a matter of miscommunication. The HR Manager ask me "what if we can not mitigate it and we still terminate you?". I answered "If that's the case, there's nothing I can do but to accept it". The HR Manager ask me again "are you not gonna ask for a graceful exit?. I asked the "Sir, are you trying to convince me to resign instead of accepting the termination?. The HR Manager said "No".
To cut the story short, The they not terminate me because of lack of supporting documents, they cannot find the Sign of Sheet
bearing my signature saying that 2 instances of NCNS will give me a sanction of Dismissal. They issued me another Notice to Explain Letter and ask me to write my explanation again. this time tha sanction is 5 days suspension. I followed their instruction and gave my reply to them. Now, my immediate supervisor gave me a piece of paper stating the days that i am suspended, and to my surprise the schedule was on a every other day basis. Oct. 5, 2011, Oct 7, Oct 12, Oct 14 and Oct 20. I ask my Supervisor why is it like that, he said he dont know and that workforce just send the email to him. I have a copy of our Code of Conduct and it was written there as follows

"f) The HR Department through ER/LR shall prepare a memo indicating the dates of suspension which would be on a continuous basis, duly noted by the Regional ER/LR Manager and the Operations Director stating that re-occurrence of the act will mean a longer suspension period or dismissal from the Company."

Again the dates of my suspension is just written on a piece of paper. I just need your feedback regarding my case.. Thanks in advance and More Power!

what is your question?

My Question sir is if its legal to suspend me in an every other day basis?

i can't find any directive from the dole regarding this. in my opinion, it can be allowed, under the argument that it is beneficial to the employee that he won't go through pay periods with a large chunk out of his pay. at the same time, operations will not be impaired.

attyLLL wrote:i can't find any directive from the dole regarding this. in my opinion, it can be allowed, under the argument that it is beneficial to the employee that he won't go through pay periods with a large chunk out of his pay. at the same time, operations will not be impaired.

if their argument would be the large chunk of my pay to not go through one pay period, all the days of my suspension are all part of one pay period (10/06/2011 - 10/20/2011 )

and also it is written in our Code of Conduct that suspension days should be on a continuos basis.

"f) The HR Department through ER/LR shall prepare a memo indicating the dates of suspension which would be on a continuous basis, duly noted by the Regional ER/LR Manager and the Operations Director stating that re-occurrence of the act will mean a longer suspension period or dismissal from the Company."

I think Operations would not be impaired if they schedule my suspension on a continous basis because it is still lost hours for the account since we are paid by client by Dialing Hours, therefore even if they scatter my suspension days, it is still lost hours for the operations.

your remedy will be to file a letter to your HR and ops managers stating your position and quoting your code of conduct.