First of all, I’m sorry that you got terminated during ECQ. Losing one’s job is no joke. I know you are angry, and you want to hit back. But before you complain, let’s find out first if what your employer did to you is constitutional or not.
Mahirap din kasi to complain and then finding out that they actually followed due process and there was a valid reason to terminate you. So before you complain, here are
12 COMMON QUESTIONS ANSWERED ABOUT TERMINATION IN THE TIME OF COVID-19
1. “Is it legal to terminate during ECQ just because I didn’t report?”
Labor Advisory No. 01, Series of 2020 issued last January 13 answers this question.
Under Section 3, there should be No Liability in case of Failure or Refusal to Work — “Employees who fail or refuse to work by reason of imminent danger resulting from natural or man-made calamity shall not be exposed to or subject to any administrative sanction.”
Employees CANNOT be fired just because they failed to go to work due to fears of COVID-19. The company cannot penalize or fire them just because they didn’t report to work.
However, the company has the right NOT to pay them for days unworked, based on the same Labor Advisory, Sec. 2:
2. “If there’s no termination, why did I get fired during ECQ? Is it illegal for the company to fire me during ECQ?”
People misread the Labor Advisory by saying that they are protected from being fired during ECQ. So they can be an ass, do whatever they want, and still be protected by DOLE.
This is a very WRONG misconception — A company CAN and SHOULD terminate your employment for any Just and Authorized Causes as prescribed by the Labor Code so long as there’s really an offense and the company follows due process in firing you. Here are the difference between Just and Authorized Causes:
In Tagalog:
You need to know WHY you were terminated. Both Just and Authorized Causes are allowed during ECQ under the following conditions:
- Just Causes: There must be a valid offense, Twin notice rule and proper due process are followed.
- Authorized Causes: Company has reported to DOLE that they will cut people, 30 days notice, and payment of severance pay. Severance pay as follows:
If you are terminated using the Just and Authorized Causes, wala kang laban sa DOLE.
3. Can Probationary Employees Be Terminated During ECQ?
If the probationary employee was terminated for Just and Authorized causes, follow Question #2.
If the probationary employee was terminated for failing the standards set by the company for regularization at the start of her probationary employment, please read on. To answer the question, YES, you CAN BE terminated if you failed to qualify for reasonable standards made known to you at the time of engagement.
The IRR of the Labor Code states:
From the Department of Labor itself:
- If you are entering a probationary employment, your employer must clearly communicate to you the reasonable standards expected from you during your probationary period. You know you are under probation.
- Since you are under probationary employment, you the employee knows from the very start that you will be under close observation and your performance of your assigned duties and functions would be under continuous scrutiny by your superiors.
- Your employer will appraise your performance to the standards they have communicated to you at the start of the employment.
- You can dismiss a probationary employee without notice or hearing because this is a trial period; If the work of your probationary employee is found to be unsatisfactory, you’ll need to serve him a written notice.
- The two notice rule does NOT apply if a probationary employee is dismissed for poor work quality. If it’s under Just Causes, the twin notice rules should be followed.
- Under Article 281 of the Labor Code of the Philippines, probationary employment shall NOT exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. An employee who is allowed to work after a probationary period shall be considered a regular employee. I use this helpful date calculator to count 180 days.
As enunciated by the Supreme Court in the case of Carvajal vs. Luzon Development Bank and/or Ramirez (GR No. 186169, August 1, 2012, Ponente: Associate Justice Jose Portugal Perez)
“x x x Unlike under the first ground for the valid termination of probationary employment which is for just cause, the second ground failure to qualify in accordance with the standards prescribed by employer does not require notice and hearing. Due process of law for this second ground consists of making the reasonable standards expected of the employee during his probationary period known to him at the time of his probationary employment.
I have always tried to file a complete documentation by giving the probationary employee a written evaluation so that it’s documented that the company reminded her of the standards she needed to pass and she is failing it. The written evaluation is a call for improvement. This is filed to her 201.
As an HR, we always document offenses and job performance failures so that when they go to NLRC, you have a lot of documentation on why the probationary employee failed the standards for regularization. This is most prudent.
However, the law is clear — the Employer do not need a notice or hearing to terminate a probationary employee who has failed due to poor work quality.
In a 2015 ruling, Enchanted Kingdom Inc vs. Verzo, GR No. 209559, December 9, 2015, the probationary employee was terminated on the 180th day. Emphasizing that notice and hearing are not required in case a probationary is not retained for failure to comply with the reasonable standards set by his employer, the Supreme Court outright said:
” Whether or not Verzo was afforded the opportunity to explain his side is of no consequence.”
This later case allowed termination of a probationary at the very last day of his probation period.
Followup Question# 1: Do we still need to prepare a written warning, memo, or notice to explain regarding the probationary employee’s poor performance before delivering to him the notice of early termination of his/her probationary contract with the company? Is it required?
Followup Question #2: Can you fire the proby employee one month after you’ve employed her for poor job performance?
Thanks to Lawyers in the Philippines for the explanation.
Lesson Learned: If you’re given a chance to be a probationary employee, WORK HARD and PROVE YOUR WORTH. Come early, be focused, do the work and be someone the team wants to have. Because once you received the notice of poor performance, that’s it. You had 6 months to prove your work, but didn’t.
Followup Question #3: What about the Labor Advisory No. 14, Series of 2020 re: the Non-Inclusion of the ECQ on the 6 month Probationary Period?
As explained in Labor Advisory No. 14, Series of 2020:
This means, the ECQ period is NOT counted in the probationary period of 6 months if you have temporarily stopped working. So if you started in January 2 2020 and you were supposed to be regularized 180 days later, the ECQ period from March 17 to May 16 (2 months) for example is NOT counted IF you are at home resting. It’s a different story if you’re WFH or still coming to work during ECQ.
If you are working during ECQ, ignore this memo. Counted ang lahat ng pinasok mo.
But the non-inclusion of the ECQ to the probationary period is irrelevant in this case.
4. How much do I get for Separation Pay?
It’s very clear in Article 298, Authorized Causes of Termination —- For termination due to retrenchment or closure/cessation of operation its one month pay or 1/2 month pay for every year of service whichever is higher.
This is also mentioned in DO 174 series of 2015. The separation pay should never be less than 1 month pay which means 30 working days pay. Lastly, the same is stated in Workers Statutory Financial Benefits Handbook released by DOLE-BLC.
The half month pay per year of service (minimum of 1 month) if the Termination is caused by:
- Retrenchment to prevent losses
- Closure of an Establishment not due to Serious Losses (In other words, sinarado lang ang company), or
- If the Employee is suffering from a disease not curable within the 6 month period.
Half month lang po yan. Hindi full month.
Separation pay may NOT be as big as you think.
So Sir Richard DeDios gave this calculation of the severance of a 22-month tenured employee:
“Ang 22 months is equivalent to 2 years tenure by virtue of the provision that a fraction of 6 months or more is considered 1 year.
Then said employee is only entitled to 1 month separation pay (1/2 per year of service x 2 years). The minimum 1 month applies to those with less than 1.5 years of tenure since they will only be entitled to 1/2 month pay if the entitlement is 1/2 month per year of service”
In short:
1 mo – 2 yrs 5 mos = 1 month pay
2 yrs 6 mos – 3 yrs 5 mos = 1.5 months pay
3 yrs 6 mos – 4 yrs 5 mos = 2 months pay
4 yrs 6 mos – 5 yrs 5 mos = 2.5 months pay
Thank you Sir Richard! ❤️
Full month per year of service naman if pinalitan ka ng machine, or they cut your position, or they can’t reinstate you to your previous position and it’s not the fault of you employer. Once again, here’s the table from NLRC:
While Retrenchment is a company prerogative, the addendum here is that The losses have to be PROVEN, and there is compliance with the Legal Procedure for Retrenchment:
Compliance with the Legal Procedure for Retrenchment
In order to legally retrench employees, the following must be followed:
(1) Retrenchment is undertaken to prevent losses, which are not merely de minimis, but substantial, serious, actual, and real, or if only expected, are reasonably imminent as perceived objectively and in good faith by the employer;
(2) The employer serves written notices both to the employees and the DOLE at least one month prior to the intended date of retrenchment;
(3) The employer pays the retrenched employees separation pay equivalent to one month pay or at least ½ month pay for every year of service, whichever is higher;
(4) The employer must use fair and reasonable criteria in ascertaining who would be dismissed and retained among the employees; and
(5) The retrenchment must be undertaken in good faith [Ariola v. Philex Mining Corporation (G.R. No. 147756, 09 August 2005)].
5. Do you get separation pay if you voluntarily resigned?
Unless your boss is super nice, you get ZERO separation pay if the resignation was voluntary. Even if you worked for 25 years, if you resign, your employer is NOT obliged to give you any separation pay UNLESS there was a prior agreement that they would give you one.
You cannot also avail of the Small Business Wage Subsidy (SBWS) if you resigned. They are NOT eligible and if they get SBWS, they cannot resign during the ECQ period. See points:
6. I resigned at the heat of the moment. Pero when I found out that there’s SBWS, gusto kong bawiin ang resignation ko. Pero ayaw nila! Illegal termination yon diba?
Once you voluntarily resign — complete with WRITTEN resignation letter — it’s company discretion to accept it or not. There is a 30-day notice period for turnover. However, if the company decides to forgo the notice period, they can accept your resignation and have you end your employment before the expiration of the 30 day notice.
Here’s more info about Resignations, but it a nutshell:
“It was explained by the Supreme Court in Hechanova vs. Matorre (G.R. No. 198261, 16 October 2013) that the 30-day notice requirement for an employee’s resignation is for the benefit of the employer in order to afford the him enough time to hire another employee if needed and to see to it that there is proper turn-over of the tasks which the resigning employee may be handling.
Since the 30-day notice is for the employer’s benefit, he may waive such period. Thus, in Paredes vs. Feed the Children Philippines, Inc. (G.R. No. 184397, 9 September 2015), the Supreme Court elucidated that the rule requiring an employee to stay or complete the 30-day period prior to the effectivity of his resignation becomes discretionary on the part of management as an employee who intends to resign may be allowed a shorter period before his resignation becomes effective. Hence, as part of management prerogative, an employer has the right to move the effectivity date to an earlier date.
Take heed that if an employee does not give the 30-day notice, he can be held liable for damages to the employer. An aggrieved employer may file a civil case for damages and breach of contractual obligation with the regular courts.”
A resignation letter — once accepted — is valid and final. An employee cannot blame the employer for accepting his/her resignation letter that was willingly given just because it was made “on the heat of the moment.”
If the employer accepts it, walang bawian na yan. May this be a lesson to you NOT to resign when you’re mad. Just remember:
7. “My company fired me. I have been working there for 7 years. They told me to report back to my agency. My agency said I have to await my assignment. Did I not get terminated? I want my separation pay!”
The agency is your employer, not the company. The company is just a client and they can replace you at any time.
If you get re-assigned from the company and returned back to the agency, your agency has the right to keep you on floating status for 6 months as they find you another assignment. If they cannot find you another assignment within 6 months, they have to pay your separation pay.
And yes, this is legal. You are a regular employee of the agency, not the Principal.
8. They just gave me a letter saying I was fired due to Redundancy. I’ve been working there for X Years. Is this Legal?
Photo Credit to Shutterstock
In such cases, the Supreme Court held that the employer has no legal obligation to keep in its payroll more employees than are necessary for the operation of its business. (Wiltshire File Co., Inc. v. NLRC, 193 SCRA 672).
Let me repeat — YES, so long as they follow the proper processes of terminating you, which are:
- A written notice served on the employees
- A written notice to the Department of Labor and Employment at least thirty (30) days prior to the intended date of redundancy. Specifically, the purpose of such previous notice to DOLE must be to enable it to ascertain the verity of the cause for termination of employment. Form is here.
- Payment of Separation Pay along with the final pay
It must be stressed, however, that if the employee consented to or voluntarily applied for retrenchment with the employer due to redundancy, the required previous notice to the DOLE is not necessary as the employee thereby acknowledged the existence of a valid cause for termination of his employment.
9. They told me that I’m on Floating Status. No work, no pay daw. Is this legal?
Unfortunately YES for the below conditions:
Under Article 286 of the Labor Code it is provided as follows:
ART. 286. When employment not deemed terminated. — The bonafide suspension of the operation of a business or undertaking for a period not exceeding six months, or the fulfillment by the employee of a military or civic duty shall not terminate employment.
In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one month from the resumption of operations of his employer or from his relief from the military or civic duty. If there’s no work to be returned after max of 6 months floating status, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.
SHOULD YOU GET PAID WHILE ON FLOATING STATUS?
Sad truth is the company has no obligation to pay you basic salary under the rule no work, no pay. Although there are companies who give basic pay to their employees who are on floating status, they are rare. If you’re in one, stay there. I had a friend who was earning while he was sitting at home waiting to be called and report back to work as soon as there’s an opening. Because he was placed on floating status.
WHAT HAPPENS WHEN 6 MONTHS HAVE LAPSED?
Your employer will pay you separation and everything due to you. Unless of course they’re able to find a new campaign for you. Provided that the campaign will accept you and that you’re a fit for the opening.
WARNING: Floating Status is TRICKY. Three months floating is a sure ball. No problems with labor.
You do need to have the right reason to put a staff on floating status if you plan to do so for more than 3 months. Read the fine print to proceed:
Travel agency closed due to government orders regarding ECQ and GCQ — Legal for 6 months max.
Lack of contract awarded to the business for that team to do their work — Legal for 6 months max.
Mall closed due to fire — Legal to float for 6 months max.
I’m angry at you and company wants you to force resign so they place you on floating status for over 3 months — ILLEGAL.
This article by Charles Anderson, Suspension of Business Operations: Floating Status, Temporary Lay-off gives a well balanced view on the subject and is a gold mine of information. Please READ this article before floating a staff. Long but super interesting to read.
10. How much do I get when I’m Fired?
If you resigned or was terminated for Just Causes: Final Pay = Unpaid Wages + Pro-Rata 13th Month Pay
If you were terminated for Authorized Causes: Final Pay + Separation or Severance Pay.
The money will be paid to you after clearance and release of final pay, which is 30 days from your last working day.
For me, if you get what is due you, leave gracefully and quietly. Basta, the company paid you what they are obliged to give you as per labor law.
And yes, you can ask for your Certificate of Employee (COE) to help you in your job hunting.
11. I was put on Flexible Work Agreement (FWA) after ECQ. Instead of 6 work days, my days had been reduced. Pwede ba yon?
Yes according to Department Advisory No. 2, Series of 2009.
To adopt FWA, company just have to provide notice to DOLE:
This is the form you need to submit to DOLE — This arrangement can only be implemented maximum 6 months:
12. “I want to complain to DOLE about my company for Illegal Termination! #raffytulfoinaction
Before you complain, find out first if your employer did anything wrong. Galit ka ng galit, pero hindi naman illegal yung ginawa sa iyo. Sayang lang ang oras ng pagpunta mo sa DOLE.
Actually, I think this will be the line in DOLE pag lift ng ECQ — pila pila na lang kay DOLE ha.
“I am the breadwinner and I have my family to feed. Obligado ng company na papapasukin ako! Kawawa naman kami!”
Your employer is not a charity. The Employer just needs to properly employ you, pay you proper wages, and treat you right. If there’s a valid reason for them to terminate you, they can. How many families you have to feed is not really the concern of the company.
You cannot DOLE a company just because your family will starve. You can only DOLE them if there’s a clear abuse to your employment.
Look, it does not mean that if you complain, you are in the right. Sometimes, you are in the wrong too. A very wise HR Guru, Jun Mendoza wrote about the “Stimulus-Respose Theory” in response to this termination letter:
This is all Sir Jun Mendoza’s words, not mine:
“We watch a Korean drama series (stimulus), we cry (response). We quarantine ourselves at home for over a month and suddenly we see violators outside our homes not wearing masks (stimulus), we get frustrated (response). We read a post of someone who shares she was seemingly aggrieved by her employer (stimulus), we get angry (response). Make no mistake–it is a natural HUMAN reaction.
But why do we have varied responses? Let’s go through some of them (and now, I intersperse the legalities). As in always, you will find the trigger-happy comments like “Bawal ma-terminate sa ECQ!” or “Ipa-DOLE mo na yan!”. Mind you, these comments create a second level of stimulus that complements the original post, which in itself is already emotionally-packed.
So who said it is legally prohibited to dismiss employees during the Covid crisis? Did you hear this on TV? From your co-worker? From those posts on FB, where you can hardly tell the difference between authentic and fake news? Well, the only clear reference is, and will always be, the law.
Oh, but one said termination of employment is now prohibited per Republic Act No. 11469, otherwise known as the “Bayanihan to Heal as One Act“. Baloney! I went through all 14 pages of the law from Section 1 to Section 9, and there is NOTHING even close to that statement. In fact, subsequent Labor Advisories (e.g. Flexible Work Arrangement) suggested alternatives to termination,. The term “suggested” (and not “mandated”) clearly states that an employer has the legal right to terminate employment even during this Covid Crisis.
So Tatagalugin ko para mas maliwanag: Hindi po bawal ang mag-terminate ng employment kahit ngayon na ECQ basta susundin ng Management lahat ng alituntunin na nakasaad sa Art. 298 (Termination of Employment Due to Authorized Cause) ng Labor Code.
And now we have comments that strongly suggested to file a labor complaint at DOLE/NLRC. Oh, that is your constitutional right! And if all facts given by the original post are complete and accurate, you will probably win.
But based on my experience, in all probability, this is what you might hear from the arbiter/mediator: “Ang kasalanan lang naman ng employer ninyo ay hindi sinunod ang due process na 30 days. Kung bayaran nila yung sweldo ninyo para sa period na May 16-30, kasama yung legally mandated na separation pay, okay na ba sa inyo yun?” They will do everything to prevent the case from escalating, and that is for the benefit of all parties–the employee, the employer and DOLE/NLRC. Sure they may penalize the employer for violating the 30-day notice, but you’re out of that discussion. That will be between DOLE and the employer.
And now for the “psychological phenomenon” finale. Why were there so many adverse and negative reactions that were generated from the post? Well, for one, any termination issue is sensitive. We don’t want to lose our jobs ourselves, especially in the midst of the Covid crisis. So our reaction to the stimulus is empathy. When an employer that has a history of not remitting government contributions gets rid of half of it employees without giving due notice by sending a curt and/or vague letter of termination that has no explicit statement that it would give our separation pay and yet demanding the employee returns any company asset in his possession (not to mention that our favorite HR Department was bypassed), it surely looks like a prime candidate for “The Employer from Hell Award“.
In reality, it did nothing illegal in the letter, save for the 30-day notice violation. The letter is silent in terms of the separation pay. So we don’t really know if it will pay or not pay. If eventually it does not, then and only then did the company do something illegal. For all we know, once the employee clears himself with Accounting, they might get their checks immediately. WE DON’T KNOW.
Some said the letter did not state the reason for the termination. Hello? Isn’t that what the first paragraph says? Okay, fine, you’re probably looking for the words “authorized cause” or “retrenchment”. But the absence of those words doesn’t constitute an illegal act. Sure, it probably gives doubts that the employer may have ill intentions (or is an amateur in these types of things), but it is NOT illegal. As long as the employer pays you half month for every year of service if you are retrenched, they complied with the law.
Let them justify retrenchment by submitting the company’s financial statements to DOLE. But as of now, we are not even sure if the company will provide separation pay. And yet, most were quick to react. Why? Stimulus-Response! We were presented a stimulus that made our brains perceive an aggrieved employee who lost her job, initiated by an unjust employer. And our response was mostly dictated by the right portion of our brain, the one that controls the levers of anxiety, fear, despair, anger and hatred.”
My response to the same stimulus is: A sincere hope that this employee and her colleagues will be given their separation pay and be compensated for the balance of the 30-day notice. Only time (as in the next few days leading to May 16) will tell.
My advice is for you to go to your employer directly and clarify things peacefully. That is your right and there is nothing wrong in asking what is due you. Draft an official letter (if you are not unionized) representing the group of employees who lost their jobs. In that way, you have something in writing that clearly states what you want. That should be the first step, even before speculating that you won’t get any separation pay and certainly before you file a labor complaint.”
But nobody can stop me from going to DOLE. I’m still angry. I still want to complain!
Go ahead.
Line up.
Join the circus and exercise your constitutional right to complain.
Eto lang sa akin ha.
After COVID-19, the job market will be extra tough. Many companies are freeze hiring and people are getting laid off. If you think you’re the only one being laid off, that’s not true. So many companies are firing people left and right. Unemployment WILL increase. It’s just a matter of how bad.
If you still have a job, treasure it. If you don’t have a job anymore, MAKE SURE YOU GET PAID PROPERLY, and then use your effort to find a new job. Do not waste a lot of time getting mad at an employer who do not want you. Find a new job ASAP so that your family can eat.
If you want to fall in line in DOLE, do so. it’s not easy to complain about an employer But note that may proseso yan. You have to attend several mediation meetings and talk face to face with your employer. Payment is not immediate. And besides, why complain if you are going to get paid what’s properly due you? Pareho lang ang bayad. Hindi naman dadagdag because you complained.
Two, if future employers find out that you are the mareklamo type and you filed a case against your employer in DOLE, they will shy from hiring you anymore. Gone are the days na magrereklamo ka and then you can still find a job. It’s post COVID-19 season now. Everyone’s job is on thin ice. Coupled with the fact that you complained to DOLE, it will be slightly harder for you to find a job.
Job hunt instead. This is better than staying angry in the past if anyway, you are being paid your severance. Once you find a new job, you will feel better. And chances are, you will find a new employer who will treat you better than your old one.
Thanks for Reading!
Hope this helps in a nutshell. If there’s any error, please PM me so I can update the post accordingly with the correct information.
If you have been terminated during this sensitive period, I’m sorry. And I wish you all the best in looking for new work. Have a great week ahead!
Very nice article 🙂
I concur
Thank you to both of you for leaving a comment. Appreciate it!
Im a 5 year agency bago po ako kinuha ng kumpanya bilang probi sept 04 2014 – oct 29 2019 then ginawa po nila akong probi started 0ct 30 2019 im a injection mold maintenance in charge beside of my job description im also a mold setter and parametter setter then aprill 22 nkarecieve po ako ng email na ive been terminated dhil bagsak daw po ako ng evaluation un lng po ang dhilan but almost 6 years na ako sa kumpanya then suddenly bagsak ang evaluation ko may hinanap ko po ang evalution thru sending mail sa messanger pero wla po feedback ang question ko po
1) legal po ba ang pag ka terminate sa akin?
2) can i seek for separation pay? Pero wla po kumakausap sa akin na taga kumpanya
3) maidadagdag po ba sa separation pay nung agency pa ako sa kanila pa sa length of service?
4) anu po kailangan ko gawin?
Read Question # 3 first and come back to my answer so you can understand
1. If you only consider your employment in Company, what they did to you is LEGAL bec they terminated you during your 6-month probationary period.
You started in your company on October 29, 2019 + 180 days = April 26, 2020 is the end of your probationary period. They sent you the Notice on April 22. So under question #3, you are terminated as an probationary employee. This is LEGAL.
Did you sign a Probationary contract upon starting in company? Was your Probationary Contract in Company clear what the standards for regularization are? Did you pass the standards? Were there any evaluation?
If there were no contract signed, you’re not a probationary employee. May laban ka.
If the contract does not show what the standards for regularization are, may laban ka.
But if the Contract does list down what those standards are and you failed it, Company CAN fire you due to your poor job performance. A company do not need to give a proby employee notice or hearing if you failed due to poor work quality.
The question is, DID YOU HAVE POOR JOB PERFORMANCE? Only you can answer that.
2. Separation Pay — As a probationary employee, NO.
If you were under agency and supervised by the supervisor hired direct to the company for 5 years, and this Company Supervisor is an employee of the Company, then the company is only doing Labor-Only Contracting, then YES. They should pay you separation pay from Sept 2014 to Present.
Who supervised you? Is this supervisor directly hired by the company? Or is this an agency hired supervisor? Only you can answer that.
If you voluntarily resigned or were fired for Just Causes, zero separation pay regardless of employment status.
3. Your separation pay depends on the answers to my question above.
If you are not entitled, find another job. Ask for the COE. After ECQ, there should be demand for a skilled laborer like you.
If you are entitled, I strongly suggest you talk to your employer and ask for clarification re: the above. If they are doing labor only contracting AND you are doing a great job, it’s easier just to talk to your employer and ask for severance pay to be added to your final pay.
As mentioned, do NOT DOLE or Raffy Tulfo before talking to your employer. As a job hunter, running to DOLE will not help you find your next job. Sayang naman, skilled laborer ka pa naman.
1) Ung company po ayaw po ako bigyan ng copy ng kontrata na pinirmahan ko. And wla po sila maipakita na evaluation na baksak po tlga ako, pumapasok po ako ng maaga early sched dhil may kailangan sila ipagawa at dhil ako din lng po ang pde gumawa, khit na kakauwi ko lng after my shift they will call me to get back to company para mag ayus ng mga sira, halos di ndin po ako makauwi pag may kailangan ayusin kailangan ko po mag straight ng duty para maayus ang mga kailangan nila hinuhugot din ako sa ibang job discription pag kulang ang tao mold maintenance po ako pero aside from being a mold maintenance hinuhugot ako mag parametter setting pag kulang ang tao ganun din po pag kulang ang tao sa mold setter then suddenly ssbihin nila na bagsak ang performance ko
2) simula nung umpisa po na agency employee ako ive been supervised by a direct hired employee po ng kumpanya
The company is practicing Labor-Only Contracting.
WHAT WILL BE THE EFFECT OF A LABOR-ONLY CONTRACTING ARRANGEMENT?
a. The subcontractor will be treated as the agent of the principal. Since the act of an agent is the act of the principal, representations made by the subcontractor to the employees will bind the principal.
b. The principal will become the employer as if it directly employed the workers engaged to undertake the subcontracted job or service. It will be responsible to them for all their entitlements and benefits under the labor laws.
c. The principal and the subcontractor will be solidarily treated as the employer.
In summary, you count your tenure in the Agency + the Company as ONE.
In short, I suggest you leave quietly IF they agree to pay you the separation pay for the time you started in 2014. Unless they can prove that they have suffered large losses (RETRENCHMENT), I suggest you ask for REDUNDANCY PAY, which is 1 month of pay for every year of service.
Prepare all your payslips and talk to the company in a calm manner. DO NOT RESIGN no matter what they say or promise. You can do this when ECQ is lifted. Sign a quit claim upon their giving to you of final pay. If you can get this done without going to DOLE, do so. ONLY go and escalate if they disagree and reject your request.
Good luck!
SOURCE: https://www.chanrobles.com/dolecontractingsubcontractingprimer.html#.XrEbjagzZPY
I was fired by the CEO through the company’s official communication tool. No twin notice, no due process. A day after, the GM sent through email a Notice to Explain.
You want me to just move on?
That’s funny — what was the NTE about? What was your offense? What’s the story behind the question?
Hi Ms. Tina, what if the employee resigned (immediate) after receiving the SBWS? What’s the most logical action can we do? We already informed them prior that they cannot resign as part of the condition to avail the program.
How much left to final pay and pro-rate 13th month pay? Enough to cover SBWS?
Such a big help to us! Informative article at madaling maintindihan talaga. Thanks for preparing this.
Thank you Misyel for leaving a comment. 🙂 Made my day!
Nice Article. But problem with some employees nowadays they don’t spend much time in reading they will just look the photos (Especially the korean actress). Anyway, it’s a very helpful article. Good job.
Haven’t read your other articles, have you posted anything about Monthly Paid vs Daily Paid employees. Since there are companies who are using Monthly Paid Term but doesn’t used 365 days as working days. And how does Holiday affects Monthly Paid employees,.
Oh my lord, that’s a totally different topic altogether!
But it’s true. Scrolling for photos is a trend nowadays. When an article is long and in English, sadly a lot of people don’t read anymore.
Appreciate this comment! ❤️
It’s a big help to us HR, especially to those employees who rants all the time regarding matter of termination and end of contract. Thank you so much for sharing.
Keep safe and God bless.
Thanks Orleans. Appreciate the super kind words. Made my day!
Thanks for this great article. God bless!
Thanks Justin for leaving a note. Appreciate!
Hi Ms. Tina, is Labor Advisory No. 01, Series of 2020 applicable to GCQ also?
Should be. I am waiting for any update. If no update from DOLE, status quo.
Hi po,
I just want to ask if it is ok to submit Resignation Letter during GCQ?
Yes of course. But if you received SBWS, you have to return it lang. Please render properly.
Thank you for the kind link to my posts. I appreciate it. If I may, we also offer free Labor advice, given by a qualified lawyer, on all aspects of Employment Law and the Labor Code. And I agree with you that most people scream foul when there really is none at all. Sometimes, it just needs a calm voice to explain to them in a way they can more easily understand. Nice post.
Charles Sanderson.
You’re welcome! Readers, please visit Charles Sanderson. Very insightful and you learn a lot from every post.
Let’s keep in touch, Charles!
Thanks for the info . Really help a lot !
Thanks for leaving a comment!
Nice read. Thanks Tina for this enlightening article.
May I ask further If an employee is put under floating status which has no salary, should the employer continue paying the statutory benefits, SSS PHIC Pagibig?
Wow great article, I have learned a lot while reading it. Please do more articles about HR matter. Thanks.
I will try. Thanks for leaving a comment!
Nice thanks for this
Thanks for leaving a note!
Yung employer ko po iischedule daw po kami for a skeletal work dahil sa covid19 pero more than 2weeks na hindi pa po kami binibigyan ng schedule. At dahil ako po ang gumagawa ng mga government remittances nag ask po ako sa kanya if pede na ako pumasok and wala po sya reply sa akin. Pwede nya po ba akong iterminate if magkaroon ng problema regarding sa ga remittances at magka penalties sya.
Not really, especially if you emailed him to followup on your work and responsibilities. Do not worry as of yet. Everyone is in the same boat and will pay for the SSS, Philhealth and Pagibig after GCQ.
Hi, great article! Incredibly helpful. We’ve had to temporarily close our business since March (reopening this June) due to government regulations. We’ve also had to let go of employees due to financial losses. We are now calculating the final pay. On top of the separation pay (1/2 month per year of service), should the 13th month pay be prorated (or are we required to pay a full amount because it’s retrenchment)? And should the 5 days sick leave be prorated as well? Thank you!
13th month is pro rated. For the 5 days sick leave, please refer to your company policy. 🙂
Hi, according to the “half month pay per year of service” rule, eto ang isang condition (caps mine):
– Closure of an Establishment NOT due to Serious Losses (In other words, sinarado lang ang company)
So if the closure is NOT due to serious losses, then ang ibibigay sayo is half month pay per year of service.
Pero what happens if the closure IS indeed due to serious losses? Ano ang maibibigay sa iyo?
Thanks.
It’s really half month pay for every year of service.
For bankruptcy, there has been cases when there was not even enough money to pay the staff. If so, sometimes the equipment of the company is confiscated to give to the staff in lieu of money. Kung walang wala na talagang perang pambayad.
Hi Miss Tina. I want to confirm lang po, even ECQ/ GCQ, puting your employees on force leave shall not exceed 6 months, tama po? If so, employer shall give separation pay na. Please advise.
Note: Our employees were put on force leave starting February 16, 2020.
Did I respond to this na? Is this for the airline company?
Hello Ms. Tina,
Thank you for this article.
I would like to ask lang po. I was informed by my boss that I am part of the retrenchment program of the company and will be given separation pay. However, my boss and the HR offered me that I can also file a resignation letter only for the sake of good record on my Certificate of Employment. I clarified it to them and they said I am retrenched and will receive separation pay, that’s why I filed a resignation letter just for good record in my COE. Is this fine? wala po bang magiging conflict in terms of documentation?
I also want to apply for SSS unemployment benefit but part of the requirement is to submit termination letter. I have not received termination letter from my employer. Do I need to follow up the termination letter?
Thank you.
What is the issue of being Retrenched properly? Being retrenched still has a good record in terms of COE, as it’s their choice to write in COE properly your start and end date.
Talk again to your boss and with a sweet smile, ask to be properly retrenched. Same lang din naman ang lahat, and you won’t give any problems. Then ask for a Letter of Retrenchment for the purpose of applying for SSS Involuntary Unemployment benefit
Hi Ms. Tina,
I asked for a letter of retrenchment from our HR, but according to her, they cannot give me that document since I filed resignation letter.
May God bless you more for helping people through your posts. Thank you 😊
Yes this is true. You’re not retrenched if you resigned.
Wow that was unusual. I just wrote an extremely long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Anyway, just wanted to say great blog!
Thanks a lot Rolando
Hello there! I have a question, I am employed for a certain company for 3 years and 1 month my position is Sales Manager. Then last week, they notify me that I failed certain evaluation for I wasn’t able to hit my quotas and that they would need to terminate my contract as they also need to reduce manpower because of financial problem (take note, they are still hiring managers and rank and file employees at this time) It was only a verbal communication i wasn’t able to receive any letter of notice or notice to explain whatsoever just a plain convo that they will terminate me. I was so heartbroken coz I knew thats not the only reason and of course who doesn’t need a job? Lastly, they told me that the effectivity of my termination is until 23rd of August and what I can only receive is backpay and remaining 13th month pay. What shall I do? Am I entitled for a separation pay or anything? Please help me 🙁
Sigh, where do we start?
As much as I try to be fair, this is illegal termination IF there’s no NTE, written documentation of failure to meet quota, etc. If a person is not doing their duties, this must be documented. Gross and habitual neglect of duty is a terminable offense but you can’t use it if the notice is merely verbal and no building up of the case.
Wait to see if they will really terminate you. If I were you, I would smile and kock ass on your last month of work. Make your performance super good.
When they terminate you, do not give them any resignation letter. Just smile and continue to kick ass. Document every time they say they will terminate you.
On August 23, ask them if you will get separation pay. If they say no, go to NLRC the day after. File for illegal termination, money claims and them falsely claiming losing money despite hiring many people.
You should expect separation pay. Minimum of 1.5 months of pay (if retrenchment). I would ask for 3 months pay for redundancy plus your final pay (Unpaid wages plus pro rata 13th month pay). If they don’t pay up, put this in court. If they are smart, they should settle.
Good luck.
Hi! Hoping you can help me.
I have admin hearing on scheduled since the company I’m working with, claims that since the start of ECQ up to date, I haven’t given them any valid reasons for not coming up to work on site. I do work in bpo company.
The main reason I am not is because of when it’s ECQ there’s no puvs, then when GCQ kicks in I was still unable to work on site since I am living with a elderly family member that needs my company that’s why for her sake I decided not to go to work on site since I’m afraid to be a harm to her and since she can’t be left alone that long (during work hours including the travelling more or less 12 hrs) So I decided to have the work from home option. But the issue is I wasn’t able to get back to work still since I wasn’t able to have Internet connection at our house early, internet applications took longer because of the pandemic. And our internet just got connected this week and the adming hearing notice was send last week of August.
I’ve already notified my supervisor about this but they told me that they won’t we able to assist me now with the work from home option and things will be decided only after the said hearing. Will it be possible for me to file resignation letter and leave them before the said hearing. I am too afraid that they won’t let me have the work from home option since from what I’ve heard, they been wanting to have people work on site and I’m afraid if I pushed thru the said hearing, I will be forced to work on site or be terminated that’s why I am considering resigning. I am concerned since I am not able to go to work beginning of the lockdown, I won’t be able to of course, render 30 days of work. I’m really hoping you can help me. Thank you and stay safe.
They are only following due process since you cannot report to work, as per the condition of your original contract. Here are the legal basis din po kasi so you understand why this is being done to you:
1. WFH is not mandated by law. It’s still company prerogative to give it or not, and to whom.
2. If the company allows you to WFH so you can have a job, it is not their problem if you don’t have stable internet connection. They are not legally obliged to help you with the internet even though they are nice if they did. So if you can’t do the job because of the unstable internet, they can opt to ask you na lang to report to work.
3. If you don’t report to work, they can send you a Return to Work Order and ask you to report. If you still don’t report, they will give you an NTE and invite you to an admin hearing to explain why you don’t report. If you still don’t report, they can and will terminate you, and this is legal. And no, this is not constructive or illegal dismissal. This is backed by Philippine law.
4. Yes, you can resign freely. But they may ask you to render the 30-day notice. If they ask you to, you should. But if you can, pakiusap mo na lang na if they will allow you immediate resignation.
5. If they don’t allow you immediate resignation and ask you to render, you should render. Otherwise, you will be AWOL. Huwag naman.
Hope this helps. Do let me know if there’s anything else.
I’m now really urged to send a resignation letter, since I’ve really tried to ask for their help about the work from home setup and unfortunately it seems impossible to be assisted by them at this time. Will it be okay if I send my resignation letter electronically thru the HR who emailed me about the report to work and adming hearing notice? If I’m getting it correctly they can only accept my resignation letter but it will be up to them if they will allow me to immediately resign or render 30 days, right? So it means it is not possible for them to reject my resignation letter? I’m just really scared they’ll have it rejected and force me to be on site. And thank you! You’re responses really help me big time! I hope you stay safe!
Send the resignation letter electronically, with a request not to force you na lang if possible to render the 30 days due to x, y and z. If they ask you to render, I strongly suggest you do so as not to have a bad record. Anyway, you will still work elsewhere, and this company where hindi ka nagpaalam ng maayos will be a baggage to you. So please consider rendering.
Hi Ms. Tina, great post. Truly helpful for both HR and employees. BTW, I would like to ask for guidance regarding separation pay computation for employees (who are currently in floating status) that will be retrenched to prevent further loses of the company. HR has provided the 30 day notice for the retrenchment (to both employees and DOLE), now the question for the payroll department is kung paano ung computation ng years of service?
a. hired date until ECQ start (last working date of employee)
b. hired date until start of floating status
c. hired date until termination date
By logic, I think its the last one (until termination date) but my boss is being advised that its the first one (last working date of employee) by his business advisors.
Please help. Thank you.
Payment of sep pay is based on the 30th day notice of retrenchment as this is the last day the staff is employed with the company.
This actually does not make a big difference bec:
1 mo – 2 yrs 5 mos = 1 month pay
2 yrs 6 mos – 3 yrs 5 mos = 1.5 months pay
3 yrs 6 mos – 4 yrs 5 mos = 2 months pay
4 yrs 6 mos – 5 yrs 5 mos = 2.5 months pay
Hello! Elle again here. I actually was able to submit my resignation letter electronically but unfortunately wasn’t able to get a response until this week, I’ve reminded our HR through email and asked about the process of my resignation letter and what I did receive as a response is a cessation letter. When they’ve advice for me to send in a letter personally about my explaination of not being able to go to work I’ve sent them a email instead since I wasn’t able to physically drop by. I’ve send the resignation letter the day before the admin hearing and I’ve felt that there’s no need to attend the send meeting since I already have the intent to leave. My last day of reporting to work was March 18, 2020 and in the cessation letter it was stated that I have unexcused absences since March 15, 2020. Is there any chance where in I can fight for this case or it is nonsense anymore? Thank you so much for all your help I truly appreciate it. Have a great day.
You can appear at the admin hearing and say that you have resigned properly and you were reporting up intil March 18. When is the admin hearing? When did you resign and send the letter?
The admin hearing was actually dated September 10, 2020 and I’m afraid I wasn’t able to attend since I’ve send my resignation electronically the day before so it is under my thinking that it is already on the plate that I have the intent to leave so I thought it wouldn’t be necessary to attend it. That’s why I’m a little taken a back since they didn’t actually update me about the process of my resignation letter but when I did ask about the update about it, they’ve send me a cessation letter.
Hi. I just needed a little enlightenment regarding the floating status. My husband has worked for a company for almost 9 years and 6 months until the start of the ECQ, he was then asked to report to work roughly around last week of May but only for a day and was then placed on floating statua since then up until today. He already asked them if he can return to work and they just told him that he was placed on floating status and not to bother them anymore. What can we do regarding this matter?Can we file for illegal termination?
Thank you.
You’re not terminated but still employed albeit on floating status.
https://tinainmanila.com/2020/09/09/hr-talk-16-most-common-questions-answered-about-employees-on-floating-status/
So no, you can’t file for illegal termination because husband is not yet terminated.
Is the 6 month rule for floating status not applicable to him? He has not be reinstated yet and there were no talks if he will be retrenched or whatsoever? We wanted to talk to his employer regarding this matter would that be a good idea?
It is always a good idea to talk to the employer first. Ask them to just provide your husband with the correct separation pay if they don’t ask him to report to work soon. Separation pay is 5 months of pay.
If they do not reinstate, the correct term is Constructive Dismissal. Good luck!
I’m a foreign. The company leave me on floating status with no reasons. Look, i live wiht one of my coworkers. The company give him the computer to work, the didnt give me a computer for me just for him. I told the company that my co worker and I we can share the computer but they refuse. After 4 months then they decided that i can start to work sharing the computer!!!!! Is it legal….????
Do you have correct working permit?
What is your nationality? And why don’t you have your own PC? Thanks Pancrasea!
Hi Ms. Tina,
I am a Probationary Employee holding a managerial position in an automotive sales industry. I was hired March 11, 2020 and unfortunately work was halted because of pandemic effective March 16, 2020. My contract specifically mentioned that my 180th day will end (has ended) September 7, 2020. However, because of DOLE’s Advisory No. 14 Series of 2020, NON INCLUSION OF THE ONE MONTH ECQ PERIOD. I was supposed to be evaluated on my 3rd and 5th month. But because of this Labor Advisory, my immediate Supervisor adjusted my evaluation schedule on my 4th month (September). While within this period of time, numerous issues where thrown against me which was not substantiated via memo or incident reports/record against my 201 file. My immediate supervisor then eventually spoke to me last 23rd of September verbally informing me that I am subjected to “End of Contract” effective September 25, 2020 due to “poor performance.” Is my employer “legally right to terminate my employment/end my contract based on poor performance? Where in fact; 1). What constitutes a “poor performance by a manager?” 2). if they don’t have an “actual” evaluation form that I should have signed to begin with that “proves” I, in deed, have a poor performance? 3). Is a “2 days verbal notice” sufficient and humanely enough to “end contract?” Lastly; 4). Does this qualify as an Illegal Dismissal?”
Check out link of Labor Advisory No. 14-A, Series of 2020: http://bwc.dole.gov.ph/images/Issuances/LaborAdvisory/2020/LaborAdvisoryNo_14A_Seriesof2020.pdf
The ECQ till GCQ IF unworked is not counted in the 180 day probationary period. If you stopped working on March 16 up until MECQ on May 31 for example, this period is NOT counted. So September 7 is not set in stone UNLESS you never stopped working.
Actually, your manager just have to evaluate once. You mentioned “numerous issues thrown against” you. They mentioned that your performance is poor. If your contract indicated for example you need to reach the quota, and you never did, that’s automatically poor performance. If you keep on not following company rules, that may also qualify as poor. Evaluation comes in many forms. And it’s only upon deeper investigation can we determine whether you have been properly evaluated or not. However, if you have been given KPIs, and you fail to attain them, then that’s poor. Form or without form.
For proby, 2 days notice is enough. Actually, if you failed in performing, probationary employees can be fired the day itself. There’s no 30 day notice for terminating probationary IF they failed the standards set by the company at the beginning of the contract. The written evaluation may be nice, but it’s not a guarantee you will win. Especially when the standards for passing regularization was made clear to you at the beginning of the contract.
Does this qualify as an illegal dismissal? Yes… but I’m leaning towards a No too. It’s not clear cut as the others. For one, you’re a probationary employee. And you seem to be given a chance to improve but did not. Complaining will not make you pass IF you did not perform.
Personally, I don’t like to work where I’m not wanted. And if they don’t think you passed the grade, why force them to like you? Should you complain? Well, that’s up to you. Five issues remain:
1. If you complain now, you will NEED a lawyer. And they don’t come for free.
2. You’re a probationary AND managerial. There’s many ways to spin this that you will lose your case.
3. Whether or not you lose the case, no sane employer knowingly hires a staff who has complained to DOLE. Especially a managerial staff. Unless you’re very very good and they really want to hire you.
4. If you did not pass your probationary, do you want to relive that awful experience over and over by filing a case against a previous employer where you have not even reached 6 months? How much more “You failed being a manager” can you take? And trust me, this is one point they will continually repeat.
5. If the industry is small, this may blacklist you to the other players. Word gets around.
Again, it’s a personal decision. i usually inform employees straight up to go to DOLE or NLRC if they have a strong case of abuse, With you, it’s a shrug. There’s a bigger chance you won’t win given your contract. Would it be easier just to let bygones be bygones and just move on to an employer who is nicer, better and a good fit of your capabilities?
The choice is yours. As I’ve always said, pride will not feed your family. Work will.
Hi Ms. Tina,
Thank you for the enlightenment. I just want to clarify further the following points”for the sake of peace of mind;
1). During ECQ, I continued work through Work at Home program but on a “No Work No pay Basis.” I did my daily Viber reporting. Is this not counted as continued work?
2). Regarding this issue about my manager just have to evaluate me once. He was asking me to sign a “blank” evaluation actually without any ratings and KPIs indicators. My fear is that my immediate head may fill it out a poor performance without me receiving it. And about “numerous issues thrown against” me are more of hear say only like; “Hindi ko raw pinapalapit mga tao ko sa ibang grupo dahil wala sila maitutulong sa kanila.” Which I find it absurd and malicious in nature.
3). My contract does not specifically say about my quota. However, there is a clause where it says; “1.3 To note, the Company reserves its management prerogative in the evaluation to determine whether or not you meet and qualify the company standards and expectations set to you and in your position. The evaluation results shall be the basis of your regularization decision.
4). During that point in my last few weeks of working; some members of my team were able to “produce/perform/made a sale” but management disallowed me to continue anymore by informing me that I’m ENDO. .
Again, thank you in advance for the enlightenment as your inputs allows me to have clear perspective of the matter.
1. WFH is counted as continued work.
2. As I said, only you and the company know the true facts on what happened. If you were a 5 year tenured employee without benefits for example and got fired by them telling you to go home, that’s clearly illegal.
With you, as a probationary MANAGERIAL employee, rights are way less. As per your contract, “Company reserves its management prerogative in the evaluation to determine whether or not you meet and qualify the company standards and expectations set to you and in your position. The evaluation results shall be the basis of your regularization decision.”
It is management who evaluates the regularization. You did not make the cut. You can argue it, but if an ex boyfriend for example says they don’t like you anymore, it’s hard to argue.
3. Only question is what will you do now? Should you fight for a less than 6 month tenured position where they don’t want you, or move on?
Choice is up to you.
Hi Ms. Tina!
This is very insightful. And I thank you for these valuable advises for it keeps me afloat regarding reality. I guess there are first time for everything. I usually severe my employment in my terms.
Because of what happened, I actually failed to give my resignation instead. I just hope I can get my COE and Clearance after this.
Last thing though, if you don’t mind. Ma’am, being in an HR point of view. Since I am going to move on/forward on this. If I go for an interview for another job. What can you advise me or what better way for me to say when I will be asked by an interviewer “about my reasons for leaving the company? Is telling the truth about being an endo employee due to poor performance an acceptable disclosure on these types of questions? And, will I be discredited by my former Supervisor if I make him my character reference?
Thank you for your generosity in sharing your wisdom.
Of course you should get your COE, final pay so long as you clear properly.
Highlight your strengths. Not your weaknesses. You can get a job naman e. Just focus on what you can do.
Hi, Ms. Tina. Trying to read all the comments and reply here now cause I am researching for something I can relate with. Good thing there is this post and very good reply of yours. This is very much the same, however the difference is, my employer did not have any evaluation nor employee notice on the end of probationary period. And the other difference is, I am the one asking for resignation because I found another opportunity but the employer is telling me that I should render the 60-day notice based on “probationary contract” where in fact, there probationary contract already lapsed yesterday October 27, 2020. SO technically if I understand it right, I am regular as a default, considering no evaluation at all (I am a good performer to them anyway, the reason why they cant let me go immediately). My very question is, can I not render the 60-day or 30-day notice since the contract has already lapsed?
If you want to resign, you must render the 30 day notice period which is stated in the law.
Apparently they want to keep you. Hence the lack of evaluation. Without that resignation letter, you are now considered a regular employee of the company.
I suggest you resign AND render that 30 day notice para maayos ang pagalis mo. Company B should understand. Just over communicate.
Thank you and more power to your vlogs/programs.
Very informative. Thank you. One question though, do I still need to render 30 days after I resigned/sent the resignation letter if the company is already in a floating status? No work no pay for 2 months already before I resigned. Hope you can enlighten me. Thank you.
If they terminated you na for end of contract, no need to resign.
If you are still employed and want to resign, just send them a written notice you want to do so and indicate you are willing to tender 30 days. For example, you write them a letter on October 1. You can indicate that you can render up until October 31, 2020 for smooth turnover. Whether they assign you work or not is up to them, but from October 31, you have already done your duty and should now be allowed for clearance.
Hope this helps!
Thank you, Ms Tina! Will definitely follow your advice. More power and stay safe po.
Thanks and good luck to your applying for another job!
More learnings from you Ms. Tina!
Hello Ms. Tina. My husband resigned before the pandemic. That was January 2020. He was supposed to get his final pay March 2020 but COVID. We try to follow up every month or so but maybe because of financial difficulties incurred by the company they could not release his check. I would just like to know what our options are? It has been 10 months. And as far as we know he was able to clear his post employment responsiblities from the company. All they kept on telling him was his check is still pending. Any input would be much appreciated. Thank you.
You may complain this to DOLE for unpaid wages. The company will pay the money then kasi wala na silang excuse.
Thank you Ms. Tina.
Hi Ms. Tina! Hope you could help me as i really have no idea sa mga gantong bagay, I decided to resign na po sa company as i wanted to find a new job na since im one of the floating employees po na no work no pay and cant wait na sa decision nila kung magpapapasok pa ba or what. Then last last week theres a job offer sakin and they recommended na magresign muna sa present company ko before i start dun so i did. But then sabi ng manager ko wag na daw po ako magpasa ng resignation letter ko then the next day i received a termination letter from the company (actually madami kaming nakatanggap, a retrenched employees) ang tanong po eh normal lang po ba na manghingi or magpapasa yung company ng resignation letter from us kung binigyan na nila kami ng termination letter? Ano po ang labas namin non? Resign po ba kami or terminated? Sorry po so confused at wala po kasi talaga akong alam, hope you could answer po. Thank youuu!
You are TERMINATED for authorized causes.
Hi Ms. Tina,
I received the notice of decision from the HR that I will be laid off because the company “is experiencing serious business reverses due to great reduction in the volume of revenue transacrions” as written in the notice.
After a week, I received an email from our GM (sent to all managers) stating that the company is growing by 15% despite this pandemic.
I was the only one being retrenched.
Hope you could give some advise on this matter. Thank you.
Uh-oh. If they hire someone to take over your position with the same job description, you can file for illegal dismissal. Also if they rehire, they have to prioritize you as per DO 215
https://www.dole.gov.ph/news/do-215-20-rule-amending-section-12-of-rule-i-rules-implementing-book-vi-of-the-labor-code-on-suspension-of-employment-relationship/
Hi There! I need your help. I dont fully understand about my situation right now. I worked for my previous employer for 2 and half years. Last year of June 2020, I resigned and then 2 months after they rehired me again. So, I was like back to a probationary employee. The company shuts down last December. Will I get any benefits from them except for last pay? I was probationary employee for 4months with the company.
No separation pay, just final pay:
Since you resigned on your first tenure
And back to probationary status on the second.
Hi, in filing the Establishment Termination Report, should probationary employees be declared? Thanks!
No, it’s only for those who you’re terminating for Authorized Causes
Hi! Termination due to poor performance for a regular employee does not need NTE right? He was provided with the performance improvement plan, then warning notice, and then still did not meet the KPI, so proceed with termination. He was given 30 day notice to serve his last day.
Is he regular or probationary?
If probationary, what you did was more than ok.
If regular, you guys did not follow due process. The only terminable offense is Gross AND Habitual Neglect of Duty. Your case is not gross or habitual. Once lang siya na evaluate tapos tinerminate na ninyo. If he complains for illegal termination, he will win the case.
Regular. He underwent PIP for 3 months, but failed. Then extended it for a month, still failed.
Thanks for the response! Ee was regular. He was given 3 months evaluation, but failed. Then extended it for a month, still failed.
Then present the failed written evaluation and terminate probationary employee. Pay only till the last served day. No need for 30 day notice.
Sorry, I did not see he is regular. Did you document properly and gave him an NTE every time there’s a failed evaluation for Neglect of Duty for not doing his job?
Hi Ms. Tina..Can an employer fine employee?Error in preparing payroll, yung kulang sa sahod ng isang employee ang sabi ng employer ang magbbayad is yung gumawa ng payroll..is is legal?thanks in advance
Yes, depends on whether there was serious misconduct (e.g., fraud, padding, etc.) or it’s just negligence (if so, must be documented to be gross AND habitual). Regardless, must always follow twin notice rule to terminate. Hindi pwede yung nagkamali lang, terminated na agad.
Yes if it is PROVEN that it is due to employee’s direct negligence. Get an Authority to Deduct from employee.
hi. i am a regular employee and my last day is aug 15 under floating status but i was called by HR and told me they found I have another employer. Can they terminate me still?