Legal ba ang Forced Leave w/out Pay?

[van_wilder]

tnx sa info sir wowiesy, bigla na lang lumabas daw ang forced leave policy eh

the management has the prerogative to issue or not. because its their company. they own it.

[tsupermario]

I disagree na you have to pay separation (or whatever those payments are called) doon sa tao terminated for just cause or for authorized causes... nasa batas naka lista ang just causes - mga circumstances na kailangan magbayad ng employer sa empleyadong tinatanggal sa trabaho.... nasa batas din naka lista ang authorized causes - mga circumstances na hindi kailangan magbayad ng employer sa empleyadong tinanggal sa trabaho... i think these are reasonable... kung papasok sa usapan yung tagal ng serbisyo etc... the terminated employee SHOULDN'T EXPECT na bibigyan siya ng tenure nya dahil terminated sya for AUTHORIZED CAUSEs... siya ang nagkamali eh... tapos ipagpipilitan pa na siya ang babayaran... now if the employer will still give him financial assistance... it's his prerogative.. magpasalamat na lang kung may natanggap...

sir baligtad...

What is separation pay?

Separation pay is given to employees in instances covered by Articles 283 and 284 of the Labor Code. An employee's entitlement to separation pay depends on the reason or ground for the termination of his services. An employee may be terminated for just cause (i.e. gross and habitual neglect of duty, fraud or commission of a crime) and other similar causes as enumerated under Article 282 of the Labor Code and generally, may not be entitled to separation pay. On the other hand, where the termination is for authorized causes, separation pay is due.

http://www.dole.gov.ph/faq/details.asp?id=F0000223

As to the computation of the amount of separation pay, refer to this link: http://www.gov.ph/faqs/labor_terminationpay.asp

[Gen. Miting]

slight O.T.

meron ako i-tititerminate na employee namin, i found out na this year alone, ang total absences niya is 25 days or almost 1 month. maluwag kasi kami sa empleyado kaya hindi namin napansin na ganito na pala kadami ang na-accumulate nya

and so I asked a ranking employee to tell him the news na his performance and attendance are being monitored with a written memo na he will get reprimanded/suspended if he still continues his unauthorized absences.

aba after telling him, 2 days after, hindi na pumasok at sinunod-sunod pa ng 5 araw. we tried calling/texting him thru his listed numbers, naka-off ang cellphone. we called his wife, his mother (thru another employee's contact list) hindi din sinasagot.

and so I ordered, na bawal muna sya pumasok and suspended siya and he needs to talk to me before allowing him to work. 7 days later, we received a text from an unlisted number na kung pwede daw kunin nya yun mga remaining days na-work na salary kasi walang-wala daw siya

we ignored the text kasi nga unlisted. malay ko ba siya nga yun. on the 15th, we received yet the same message from another unlisted phone.

my question is, puwede ba i-terminate ang employee na'to based on AWOL reasons lang? i'm willing to pay naman yun mga remaining days na nag-work and computed amount of separation pay based on the months (yes wala pa siya 1 year) that he worked.

[CVT]

You can terminate an employee who's on AWOL, but you need to document it. Send him a registered mail to effect this. I am assuming that his AWOL were properly documented in your HR....

7000:diver:

[tsupermario]

you'll need to send him 2 written notices. the 1st notice will inform him the grounds for his termination and afford him a chance to explain. after the receipt of the 1st notice and after giving him a chance to explain, you can send a notice of termination if you decide to still terminate him.

[mayhem]

tama nga yung sabi nila, you have to look into the company policy with regards to benefits, leaves of absence and termination.

i'm not sure on how many paid leaves sa public and private companies, pero if you're entitled to a paid leave and you're not using it annually then the company has the right to impose forced leave.

some newbie employee fall into prey with some companies let new employees sign a waiver or agreement which is open ended. basically aside from contract of employment na pinipirmahan nyo eh minsan meron sinisingit na waiver na kasama sa pagpirma.

oftentimes, pirma na lang ng pirma ang mga bagitong empleyado ni hindi man lang binabasa ang sinasaad ng contract. kaya in the end talo ang empleyado kung minsan.

Just a word of advise, don't rushly sign contract of employment without reading into the details otherwise ang pagsisisi ay nasa huli.

moreover, mali yung basta basta na lang na mag impose ng forced leave policy na di informed ang employee in the form of memo. at kung me union ang isang company, any new memorandum with regards to employee benefits dadaan muna yan sa consensus agreement otherwise if hindi mareconcile internally, they will raise it to NLRC i think for much legal and binding ang proceso.

Kalimitan kasi ng mga sprouting companies lalo na sa call center, company policies are sometimes vague and open ended not like established companies na lahat eh plastado.

much better ask advise from a corporate or labor lawyer for sound advise.

[wowiesy]

you'll need to send him 2 written notices. the 1st notice will inform him the grounds for his termination and afford him a chance to explain. after the receipt of the 1st notice and after giving him a chance to explain, you can send a notice of termination if you decide to still terminate him.

naka premise dito (maybe not clearly on legal grounds, but pati na rin sa essence of fair play) na he was informed na subject to termination kapag naka 25 days AWOL ka na... like if this is covered by your Code of Conduct.. pero kung walang Code of Conduct or walang evidence that he was informed and acknowledged receipt of the copy of the Code of Conduct.... baka gawin pa nyang lusot yan... there's a risk but it's still your call... and besides... yung pagluluwag nya may be construed as tolerance or pangungunsinti... so parang pinabayaan mong ganun.. therefore you have waived your right to discipline him on the previous offenses....

ang advice ko ganito:
1. Papuntahin mo siya sa office nyo
2. Serve mo sa kanya memo (notice na awol sya ) include yung most recent awol lang nya at kung ilang araw yun.. in this notice, you specifically give him the chance to give his side in writing... and failure to do so within a certain number of days means he has waived his right to defend himself.... in this memo.. ilagay mo na rin na this may be subject to disciplinary action (like how many days suspension or perhaps termination.. ) kung uubra... at ibibigay mo yungsahod nya... isama mo na rin sa document na to... parang ikwento mo ano ang nangyari leaving upto this memo... in this way, you are laying the basis for future action, if any...

3. if he receives the memo... verbally sabihian mo na lang na pumasok na siya... at iintayin mo yung sagot nya.... pag hindi nya receive.. send it via registered mail with return receipt... (although this will take some time).. and then wait for his reply...

once nakuha mo na yung sagot nya... it's your discretion na to decide kung suspendihin mo lang o tanggalin mo.. if i were to decide and sabi mo nga maluwag ang kumpanya... suspend mo lang siya without pay... for 2 weeks perhaps.. with express notice na kung uulitin nya uli ang ganitong offense ay matatanggal na siya... in a way maluwag nga.. but kung bigla mong hihigpitan... baka maging concern mo yung ibang employees mo na bigla mag re reklamo na bakit bigla higpit.... in this way.. may basis ka... then unti unti mo na rin higpitan yung sa iba...

kung di naman sya sumagot.. he has waived his right to defend himself.. so you can decide na rin... but make sure you put it in writing at manotify siya...

that's your 2 notice rule at work... time consuming.. effort consuming... pero mas malaki ang possible problem, hassle at tension kung di ka sumunod sa ganito.. at inakyat nya sa DOLE or NLRC ang kaso....

[wowiesy]

sir baligtad...


http://www.dole.gov.ph/faq/details.asp?id=F0000223

As to the computation of the amount of separation pay, refer to this link: http://www.gov.ph/faqs/labor_terminationpay.asp

sabi nga ba.. i had a gut feeling na baliktad eh... pero yung essence... Just Cause and Authorized Cause... one kailangan may separation pay.. the other wala....

[1D4LV]

You can terminate an employee who's on AWOL, but you need to document it. Send him a registered mail to effect this. I am assuming that his AWOL were properly documented in your HR....

7000:diver:

yup. correct.

[_Cathy_]

OT: Pano naman kung gusto ko mag leave tapos ayaw ako payagan? Entourage kasi ako sa wedding ng cousin ko pero sabi boss ko malabo daw ako makapag leave Wala pa kasi ako 1 month sa company e may training sa araw na yun.