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Inhuman and unbearable treatment accorded the employee by the employer or his or her representative;

+7
mikos23
carl09ivan
council
eji22
shiela88
attyLLL
nva2672
11 posters

Go down  Message [Page 1 of 1]

nva2672


Arresto Menor

Can the following instances be considered for above reason:

I may have problems with my attendance, because I have minor children and no one would look after them when I go to the office its been quite sometime now I couldn’t find a sitter or house helper that my attendance sufferred

My mind gave up and I thought of committing suicide because my supervisor informed me that I am bound to lose my job, I had too many debts to pay my bills, the school and all thus I went on AWOL, I received the RTWO and explained what happened, I came back my salary was put on hold which caused financial difficulty to me to a point that I can no longer report to the office as I was totally broke, I begged to get it released but there was nothing they can do. Our electricity has been cut off thus if I go to work my kids will be left alone in the dark I texted my supervisor but denied receiving the message. I was totally broke and could even afford to call a landline as I need to pay the fare to get to the nearest telephone access, they again put me on AWOL and again placed my salary on hold, I was surprised that they processed the payroll earlier they released the Dec 31 payroll on December 23. Me and my kids spent the Christmas without electricity and food to eat. I have bargained to continue working and promised not to be tardy I gave away my kids to my sister to be able to do so.. I begged to release my salary this December but Payroll said no one will approve my payroll and they they can only release it Next year January 15… I don’t think I can cope up with my kids nothing to eat again in the next 20 days Can you please help me advise me please


I am an eligible Solo parent, I asked for parental leave which they declined stating that the company offers above leave credits that the law requires. Now I learned that another solo parent from another account is enjoying the same benefits.

I asked for Flexible work schedule which is another privilege for a solo parent but you declined as it may affect the core hours. Operation asked me what is the best time for me to go to work. I asked for 12am-9am, and they gave me, 11pm-8am, my neighbor comes to my house at 11pm to sleep with my children, I need travel time that is why I get late. Now, that I have totally no one to leave my children to, because we moved to another house, I asked for a 9pm to 6am schedule because the school has been writing me that my children goes to school without any food to eat or money because I am still at work when they need to go to school but instead my schedule has changed from 2:45pm-11:45pm. My children are still in school until 3pm, who will pick them up? It's really too frustrating to know that you can provide a permanent schedule to another solo parent in another account.

Some agents can be absent without notifying their superiors so long as they are close friends. NCNS is authorized absent or it can also be PLA if you need a longer one. Tardiness is tolerable, if you are close to your supervisor as well.

nva2672


Arresto Menor

My termination is in Process. For Habitual tardiness and AWOL. I'm asking for another chance and HR escalated the case to the Committee. HR had informed me that there might be no chance for that. I asked that if that is the case I asked for a graceful exit instead of termination to be able to use my tenureship and apply to other company. But in as much as I want to be present my financial status has become more difficult becaus they keep holding my salary. I understand that they had to do that according to the company rules but holding it for almost a month in this time of year christmas, new year! walang mga awa!!!

attyLLL


moderator

do you have a solo parent ID from dswd?

the provision you are invoking is a reason for resigning without notice.

how many lates and absences have you committed in the last year? last 6 months?

why are they holding your salary? can you quote the handbook provision?

https://www.facebook.com/BPOEmployeeAdvocate/

4Inhuman and unbearable treatment accorded the employee by the employer or his or her representative;  Empty yes I have a solo parent ID Thu Dec 29, 2011 6:49 pm

nva2672


Arresto Menor

yes I have a solo parent ID. pe
madami na po ako na incur na absences at lates.. ang hirap po talagang patang pata ang katawan ko kaya n

attyLLL


moderator

i've handled a similar case, and the best we could do was to get the company to make a reasonable settlement. on the other hand, she was allowed to resign

https://www.facebook.com/BPOEmployeeAdvocate/

shiela88


Arresto Menor

Hi there. I have an issue as I am planning to file an immediate resignation. They have approved immediate resignation before but on my case, they stated that I have to render 30days. May I use 2.Inhuman and unbearable treatment accorded the employee by the employer or his representative to file an immediate resignantion as I feel that we are being treated unfairly on the office. First of all, our schedule for casting is a mess. Your on RD then you will be tagged as absent as you were not inform that you have a shift that day. Aside from that, the work load that is being given to us at times are "suprised" work load. Not even trained for it. Please, I am in desperate for a help here as I they said, that if I wont render 30 days I would be tagged as AWOL and not be given my back pay.

7Inhuman and unbearable treatment accorded the employee by the employer or his or her representative;  Empty Overtime Tue Feb 28, 2017 8:04 am

eji22


Arresto Menor

In my work, we need to render tremendous amounts of overtime almost everyday. Like this week, I need to render overtime because there is a project delivery in Monday, Tuesday, Wednesday, and Friday. Yesterday I came to work just past 7am, and then my time out was 11:55 pm. I want to tender an immediate resignation - can I use '(2) Inhuman and unbearable treatment accorded the employee by the employer or his representative' to file an effective-immediate resignation? I think I'll have serious health problems in the future if I continue with this job because of lack of sleep. And also another problem is we have a bond because of trainings upon hiring. I think I'll just choose to pay it (I don't know how but I think it's for the best) instead of waiting for August which the bond ends. Hope you can give me your professional advice in this, thanks in advance!

council

council
Reclusion Perpetua

eji22 wrote:In my work, we need to render tremendous amounts of overtime almost everyday. Like this week, I need to render overtime because there is a project delivery in Monday, Tuesday, Wednesday, and Friday. Yesterday I came to work just past 7am, and then my time out was 11:55 pm. I want to tender an immediate resignation - can I use '(2) Inhuman and unbearable treatment accorded the employee by the employer or his representative' to file an effective-immediate resignation? I think I'll have serious health problems in the future if I continue with this job because of lack of sleep. And also another problem is we have a bond because of trainings upon hiring. I think I'll just choose to pay it (I don't know how but I think it's for the best) instead of waiting for August which the bond ends. Hope you can give me your professional advice in this, thanks in advance!

Immediate resignation because of alleged inhuman and unbearable treatment due to required overtime? No.

http://www.councilviews.com

carl09ivan


Arresto Menor

I just want to know why there's a hold on my resignation. I
tried to communicate with my Coach but no response was given. I was already
absent without official leave since October 11, 2017 because of Acute
Kidney Injury. I was able to tell my Coach after a week and was able to
submit my resignation October 18, 2017 and she said that she will let me
render a 30 days more to complete my resignation without official medical
certificate from the doctor that I should leave the company immediately. I
went to my Doctor for follow up check October 23, 2017 and was told my
condition has not changed and still need some time off but the Doctor is not
allowed to give medical certificate to let me leave at the company as soon
as possible. I was able to give my medical certificate including all the
laboratory test to my team mate the next day because I was not able to run
into my Coach. My team mate said that my Coach did not take my medical
certificate because she could not take my resignation as well. Now my company wants me to attend an admin hearing because of this matter.

mikos23

mikos23
Reclusion Perpetua

Carlo,

What is the question?

carl09ivan


Arresto Menor

I just want to know why there's a hold on my resignation. I
tried to communicate with my Coach but no response was given. I was already
absent without official leave since October 11, 2017 because of Acute
Kidney Injury. I was able to tell my Coach after a week and was able to
submit my resignation October 18, 2017 and she said that she will let me
render a 30 days more to complete my resignation without official medical
certificate from the doctor that I should leave the company immediately. I
went to my Doctor for follow up check October 23, 2017 and was told my
condition has not changed and still need some time off but the Doctor is not
allowed to give medical certificate to let me leave at the company as soon
as possible. I was able to give my medical certificate including all the
laboratory test to my team mate the next day because I was not able to run
into my Coach. My team mate said that my Coach did not take my medical
certificate because she could not take my resignation as well. Now my company wants me to attend an admin hearing because of this matter. Does this fall under Inhuman and unbearable treatment?

mikos23

mikos23
Reclusion Perpetua

no it does not fall in to the inhuman and unbearable treatment.

Hold on your resignation - maybe its because u want it immediate and they want it 30 days. thus, they did not accept your resignation letter.

Just attend the admin hearing and explain your side.

arnoldventura


Reclusion Perpetua

If you were forced to tender your resignation because of inhuman and unbearable treatment, it may be considered as constructive dismissal, which is a form of illegal dismissal. Try reading this to understand better the employment termination process, which should follow the steps mentioned in this article. https://www.alburovillanueva.com/discipline-suspension-termination

beejay01


Arresto Menor

Same question, can i use the reason for not rendering the 30 day rule(3) Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; since they failed to remit my mandadory benefits since i joined the company

lukekyle


Reclusion Perpetua

personal opinion hindi pwede yang reason kasi yung hindi pag hulog sa sss or philhealth is considered a crime against SSS not against you, kaya hindi mo sya pwedeng kasuhan sa fiscals office ng hindi pag hulog sa sss, kelangan SSS ang mag file ng charges.

beejay01


Arresto Menor

Ok thanks sa advice pareng luke

HrDude


Reclusion Perpetua

WHATEVER your reason/s is/are, nobody can compel you to work against your will. This is against 'Involuntary Servitude' and no less than the Philippine Constitution protects labor against this.

The 30-day Notice rule is not absolute as the same is NOT mandatory. It is only a suggestion that both the Company and the employee can use. If an employee does not render, the Labor Code suggests only that damages may be instituted.

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