Is she entitled for a separation fee or not?

[shiela1234]

Before I begin, I would like to point out the people in this letter.

1.) Brother In-Law - My husband's younger brother
2.) Sister In-Law A - My husband's younger sister
3.) Sister In-Law B - My husband's younger sister
4.) Employer - Me

Hello, I need some inputs and advice.
I have this company. My brother in-law is working as our company driver and a sister in-law (in-law A) working in the office starting January 2010. She convinced her sister ( in-law B ) to work with us. March 2010 in-law B just reported to the office with out any application nor submit resume. In-law B accepted without thinking for one reason because she is a sister of my husband. first week of June 2010, in-law A did not report to office at no reason and texted in-law B that she will resign, but did not submit resignation letter. Middle of June, employer had a meeting with all the staff, in-law B showed serious misconduct that insulted her employer in front of other employees. It was real unacceptable behavior. Employer then talked to in-law B to better leave the company at soonest possible time if she is not happy working with us. But then she cried and cried and ask sorry. Another chance was granted. January 2011, Brother in-law left at the office 12noon and never came back, just like that as if nothing happen. Employer asked for an explanation letter so he could come back to work but still nothing. Weeks, months never showed up. Until employer consider him out of the company without resignation letter again. From then on In-law B character and behavior at work is getting unusual to the point that it is not acceptable. Or shall I say " Serious misconduct; Willful disobedience of employer’s lawful orders connected with work ". Employer adviced her to resign. At first she acted so bad. Employer wanted to give her 2 months notice so she can find another job but she started deleting files on her working computer. Employer then ask her to tender her resignation right away on the same day, but in-law B said she will not tender resignation. Employer ask to return the mobile phones and others that is owned by the company but she refused to return.

2 days after, in-law B texted that employer should give 2 months separation fee to her and went back to the office, submitted her resignation letter and other company belongings.

IS SHE ENTITLED FOR A SEPARATION FEE OR NOT?

To add also, we do not have an employment contract as we are a small company with less than 5 employees. We only have verbal agreement.

Please help.

Your ideas will be very much appreciated. Thank you.

[Altis6453]

Before I begin, I would like to point out the people in this letter.

1.) Brother In-Law - My husband's younger brother
2.) Sister In-Law A - My husband's younger sister
3.) Sister In-Law B - My husband's younger sister
4.) Employer - Me

Hello, I need some inputs and advice.
I have this company. My brother in-law is working as our company driver and a sister in-law (in-law A) working in the office starting January 2010. She convinced her sister ( in-law B ) to work with us. March 2010 in-law B just reported to the office with out any application nor submit resume. In-law B accepted without thinking for one reason because she is a sister of my husband. first week of June 2010, in-law A did not report to office at no reason and texted in-law B that she will resign, but did not submit resignation letter. Middle of June, employer had a meeting with all the staff, in-law B showed serious misconduct that insulted her employer in front of other employees. It was real unacceptable behavior. Employer then talked to in-law B to better leave the company at soonest possible time if she is not happy working with us. But then she cried and cried and ask sorry. Another chance was granted. January 2011, Brother in-law left at the office 12noon and never came back, just like that as if nothing happen. Employer asked for an explanation letter so he could come back to work but still nothing. Weeks, months never showed up. Until employer consider him out of the company without resignation letter again. From then on In-law B character and behavior at work is getting unusual to the point that it is not acceptable. Or shall I say " Serious misconduct; Willful disobedience of employer’s lawful orders connected with work ". Employer adviced her to resign. At first she acted so bad. Employer wanted to give her 2 months notice so she can find another job but she started deleting files on her working computer. Employer then ask her to tender her resignation right away on the same day, but in-law B said she will not tender resignation. Employer ask to return the mobile phones and others that is owned by the company but she refused to return.

2 days after, in-law B texted that employer should give 2 months separation fee to her and went back to the office, submitted her resignation letter and other company belongings.

IS SHE ENTITLED FOR A SEPARATION FEE OR NOT?

To add also, we do not have an employment contract as we are a small company with less than 5 employees. We only have verbal agreement.

Please help.

Your ideas will be very much appreciated. Thank you.

The simple answer: NO.

Employees who are separated from the employer due to just or authorized causes under the LABOR CODE are generally not entitled to separation pay. More so if the termination of employment was due to resignation of the employee.

Just a word of advice, follow the requirements of due process in giving sanctions or termination of employees so you won't have a problem if they choose to file an illegal termination case. And, be sure to document every single violation they commit so that these can be recorded and presented later on.

HTH!

[uls]

grabe kapal ng mukha

di nag trabaho ng maayos, di nag resign ng maayos, hihingi pa ng separation

amazing

[Monseratto]

Pag resignation, wala ng seperation pay. Just slap the letter if she intends to sue you.

If she doesn't appear in any payroll or signed any payslip, lalo pa.

[renzo_d10]

NO.

Kapal naman ng mukha niyan. Pinasok na nga without any doubts yan pa isusukli.

[Monseratto]

Never get relatives, especially those of your spouse. Good thing they didn't bleed the company dry. Your spouse will always side with them, no matter how wrong they are...

[uls]

sa lagay na yan di pa nga blood relatives mga yan. in-laws lang

walang malasakit mga yan sa business mo. kahit malugi ka at magsara they wouldn't care. ang importante sa kanila makuha nila pera mo

[garfield_08]

No. Wala naman valid contract in the first place. She doesn't register as part of the company.

Hirap talaga kapag kamag-anak ang kasama sa work.

[shiela1234]

Thank you very much for all your reply to my post.
It really helps me a lot in many ways.

God Bless You All.

[shadow]

ganyan ba ka-losers pamilya ng asawa mo? isa driver yun iba rank and file lang saiyo?

huwag mo na tulungan, pag kinampihan ng asawa mo, kick him out too.