How do we fight 'Constructive Dismissal'?

[basti08]

In employment law, constructive dismissal, also called constructive discharge, occurs when employees resign because their employer's behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign. Since the resignation was not truly voluntary, it is in effect a termination. For example, when an employer makes life extremely difficult for an employee to attempt to have the employee resign rather than outright firing the employee, the employer is trying to effect a constructive discharge.
The exact legal consequences differ between different countries, but generally a constructive dismissal leads to the employee's obligations ending and the employee acquiring the right to make claims against the employer.

Typical causes
The person causing the dismissal does not need the authority to dismiss, as long as they acted in the course of employment.[3][10]
[edit]Grounds
Constructive dismissal is typically caused by:-
unilateral contract changes by the employer such as:
deliberate[11] cuts in pay or status (even temporary[12]),
persistent delayed wages,
refusal of holiday,[13]
withdrawal of car,[14]
suspension without pay (or even on full pay[15]),
dramatic changes to duties, hours[16] or location (beyond reasonable daily travelling distance[17]), or
breach of contract in the form of bullying, e.g.:
ignoring complaints,[18]
persistent unwanted amorous advances,[19]
bullying and swearing,[20]
verbal abuse (typically referring to gender,[21] size[22] or incompetence[1]),
singling out for no pay rise,[23]
criticising in front of subordinates,[10]
lack of support (e.g. forcing to do two peoples' jobs),[24]
failure to notify a woman on maternity leave of a vacancy,[25]
refusal to confirm continuity on TUPE transfer,[26]
revealing secret complaints in a reference (even ones required by a regulator[27]), or
breaches such as:
behaviour which is arbitrary, capricious, inequitable, intolerable or outside good industrial practice,[28]
offering an incentive to resign to avoid performance managing capability,[29]
refusal to look for an alternative role due to workplace stress,[30]
disproportionate disciplinary penalty,[31]
employer cons employee into resigning.

How do we fight this? My sister is facing one right now. She's having a hard time dealing with two new gay bosses who she thinks wants her out of the office.
She have rendered more than a hundred hours of OT last month, yet was only granted 5 hours be paid. She at most of the time being asked to re-do every work that she has done only a few minutes before shift ends thus extending her work hours to yet another 4 (at the minimum)or so hours and would refuse to check her work prior to avoid mistakes. My sister is getting sick of the unsound work hours she's recently been complying. Worse is with all those OTs, not all is being approved to be paid. She's really having an emotional, moral, mental and physical (due to stress and fatigue) beating up every day of her workday. The most recent was last Saturday which is her rest day, she was asked to come to office for an important datas to be fixed. My sister came in at 8AM, her two bosses came in at 5PM and then started to make her life miserable again. And yet again, asked to do what she did all over again,,,from ground up. In short, at around 4am Sunday, with my sister's very weak senses already, sleepy eyes and demoralized feeling, she was later on allowed to go home.



I just wanna beat her bosses head to death!!!!

[_Qwerty_]

an employee needs to serve 30 days notice if he/she wants to resign, however, under part B of article 285 of the labor code, resignation of employee with just cause, the employee does not need to serve a written notice.

Just Causes for Termination by the Employee

*Serious insult by the employer or his or her representative on the honor and person of the employee;
*Inhuman and unbearable treatment accorded the employee by the employer or his or her representative;
*Commission of a crime by the employer or his or her representative against the person of the employee or any of the immediate members of his or her family; and
*Other analogous causes.

If the employee has concrete proof of the injustice done to her, then she can file a case at NLRC for separation pay, which is 1 month salary for every year of service.

[_Qwerty_]

you can also read this case.. G.R. No. 170087

Constructive dismissal is an involuntary resignation resulting in cessation of work resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an employer becomes unbearable to an employee.

http://sc.judiciary.gov.ph/jurisprud...002/150092.htm

In Globe Telecom, Inc. v. Florendo-Flores, we ruled that where an employee ceases to work due to a demotion of rank or a diminution of pay, an unreasonable situation arises which creates an adverse working environment rendering it impossible for such employee to continue working for her employer. Hence, her severance from the company was not of her own making and therefore amounted to an illegal termination of employment.

[_Qwerty_]

G.R. No. 177937

Thus, as an illegally or constructively dismissed employee, respondent is entitled to: (1) either reinstatement, if viable, or separation pay, if reinstatement is no longer viable; and (2) backwages. These two reliefs are separate and distinct from each other and are awarded conjunctively.

[robot.sonic]

mas ok pa siguro mag resign na lang. matagal din yang kaso sa labor. mas stressful. may kakilala ako na nagfile ng labor case. mas malaki pa nagastos nya sa mga pamasahe + other expenses compared sa binibigay ng court.

[_Qwerty_]

may mga free lawyers naman sa PAO.. depende kasi kung ilang years na sister mo don.. kung matagal na at more than 10 yrs na.. malaki din sana makukuha sa separation pay..

mas ok pa siguro mag resign na lang. matagal din yang kaso sa labor. mas stressful. may kakilala ako na nagfile ng labor case. mas malaki pa nagastos nya sa mga pamasahe + other expenses compared sa binibigay ng court.

[basti08]

It's not about the money *robot.sonic, parang nakakainis lang na nagagawa nila yun, tapos makakalusot na sya.

btw, in this company, my sister was pirated cause of her exemplary work record. tapos etong mga bagong bading nyang boss kung pag initan sya eh 'WAGAS' talaga ampotek! btw, may offer naman na sya sa ibang company. actually, it was her company before bago sya lumipat sa current company nya. we were thinking of ways to call the attention of, i guess, authorities or management, for them to know some of the bosses practices of bullying their subordinates. btw, my sister isn't just any ordinary employee. her position is in managerial level, she's lucky that she doesn't get to commute to go home on mornights she's released from office. pano na lang kung ang pumalit sa kapatid ko eh hindi masyadong nakaka angat sa buhay? tapos papauwiin nila ng gabi, pag tatrabahuhin nila ng 18-20hrs a day? kawawa naman. para sana hindi na maulit.

[timrev]

naku stressful yan ipatira mo nalang sa labas...

[asb75]

How do we fight this? My sister is facing one right now. She's having a hard time dealing with two new gay bosses who she thinks wants her out of the office.
She have rendered more than a hundred hours of OT last month, yet was only granted 5 hours be paid. She at most of the time being asked to re-do every work that she has done only a few minutes before shift ends thus extending her work hours to yet another 4 (at the minimum)or so hours and would refuse to check her work prior to avoid mistakes. My sister is getting sick of the unsound work hours she's recently been complying. Worse is with all those OTs, not all is being approved to be paid. She's really having an emotional, moral, mental and physical (due to stress and fatigue) beating up every day of her workday. The most recent was last Saturday which is her rest day, she was asked to come to office for an important datas to be fixed. My sister came in at 8AM, her two bosses came in at 5PM and then started to make her life miserable again. And yet again, asked to do what she did all over again,,,from ground up. In short, at around 4am Sunday, with my sister's very weak senses already, sleepy eyes and demoralized feeling, she was later on allowed to go home.



I just wanna beat her bosses head to death!!!!

Nakakalungkot at nakakainis yun situation nang sister mo, hay Crab mentality. Try nang sister mong mag abroad? at least bagong enviroment at maayos na suweldo.

[CVT]

Sa ganyang kaso,- talo ang asar....

Bagalan ang trabaho na may kasamang pasipul-sipol... Ilaglag sa basura ang sense of urgency...

17.0K:out:

[rnillas]

try mong i charge sa Cavite para mahatulan ng alam mo na para magulantang ang mga bading.

[pop3corn]

Magsyota din ba yun 2 boss

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[basti08]

Magsyota din ba yun 2 boss

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

[pop3corn]

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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[basti08]

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.

[slapz]

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

[tsupermario]

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

[phezthie]

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]

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]

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...