How do we fight 'Constructive Dismissal'?

**pop3corn** · October 9th, 2012 03:41 AM

Originally Posted by basti08

hahaha di ko alam eh... buhay na nila yun. basta wag silang hanap damay mga buseeeet sila! hehe

Tulungan mo sister mo, be the 3rd wheel

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**slapz** · October 9th, 2012 04:09 AM

Dapat dyan, i-politics na din. Makipagclose na sya sa higher sa mga baklang yan.

**basti08** · October 9th, 2012 03:27 PM

Originally Posted by pop3corn

Tulungan mo sister mo, be the 3rd wheel

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nice suggestion ah hahaha!

Update: Kinausap ng dalawang baklita yung sister ko kahapon, pinapaki-usap na wag na sya mag file ng OT kasi hindi daw nila maju-justify sa management yung OT hours ng sister ko. Something is just not right. Still, my sister refused to withdraw her OT filing. Since she is entitled to it anyway. We will be talking to a Labor lawyer soon as all bonuses my sister is due at Nov is released and she is good to go with her next company she is currently negotiating with. Sayang din naman kasi, just being practical.

**tsupermario** · October 9th, 2012 09:56 PM

if she will be needing a certificate of employment from the company, she should get 1 1st before any case is filed

**phezthie** · October 10th, 2012 11:16 AM

if your sister is planning to assert her right through legal means, i would suggest to start building her case already..

start collating the necessary docs, formalize the concerns and issues, secure all the things needed so that no leverage later on can be used against her, dont rely on verbal communications always put it in writing...HTH

**basti08** · October 10th, 2012 11:56 AM

Actually, plan is that she secure her position in another company, tender resignation and gather evidence as suggested by the lawyer during her 30-day notice.

**wowiesy** · October 10th, 2012 01:47 PM

Originally Posted by basti08

Actually, plan is that she secure her position in another company, tender resignation and gather evidence as suggested by the lawyer during her 30-day notice.

it won't hurt to start gathering evidence early.. di mo sigurado na kapag tender ng 30 day notice.. ay papapasukin pa sya or yung access nya to documents and information ay hindi na ililimit...

**phezthie** · October 10th, 2012 04:17 PM

^^its better to be prepared than sorry...

**basti08** · October 10th, 2012 08:15 PM

Originally Posted by wowiesy

it won't hurt to start gathering evidence early.. di mo sigurado na kapag tender ng 30 day notice.. ay papapasukin pa sya or yung access nya to documents and information ay hindi na ililimit...

she's doing that now. kaso syempre mas detailed na evidence makukuha namin pag na-advice na ng lawyer I mean we'll dig on the specifics kapag may lawyer's guidance na, but right now, we are collecting the obvious.

**phezthie** · October 10th, 2012 08:59 PM

initial evidence needed:

proof of employer-employee relationship - payroll or pay slip, contract of employment
proof of dispute - application or payment request of OT rendered, refusal of employer or its agents to approve payment, or payslip showing its rejection/denial although with proof of actual OT rendered
proof of constructive dismissal - letter asserting the employee's right and the reply of the employer... if adverse, gather proof that the relationship was strained or became antagonistic after sending the demand letter.. collate the subsequent memo and communication...check fellow employees who are in the same situation and willing to execute affidavit corroborating the case to be filed.
severance of employment - as much as possible, do not submit resignation letter. leave only until and after you have already built the case..