trident16

Yes, art. 282a refers to serious misconduct or willful disobedience as a "just cause" to terminate you from your employment. Basically, the company is ordering you to explain your conduct in relation to an incident that may caused you to violate an existing rule or lawful order of your employer which affected your work or caused the company harm. I suggest that you give your answer because if you do not, they can base their decision on what information or evidence they have on hand and you would not have any defense presented to explain the charges being made against you.

 

To explain Art. 282 a of the labor code, if you break down the provision, the following must be present for there to be serious misconduct or willful disobedience:

 

a. there must be a lawful order that had been violated. Note however that a lawful order is not just a verbal order or a written order that is given to an employee during the course of employment but this also covers the employee's manual or a code of conduct for employees which may provide that if you violate it, certain penalties may be imposed. This code of conduct or employee's manual must have been brought to the knowledge of the employee upon engagement or during the course of employment.

 

b. the violation caused detriment to your work or the company. A violation of the code of conduct or employee's manual already presumes detriment to your work, since it was enacted to ensure the smooth operation of the company and for the relationship among management and employee and among the employees themselves run smooth. A violation of an order of a supervisor or manager would be judged based on reasonableness and as to whether or not this is still within the scope of work covered by your employment (ex. you were hired as a waiter but then made to work as a cook, totally unrelated and not covered by your engagement).

 

c. the violation must be serious, meaning it must be grave and aggravated and not merely trivial or unimportant. If there are a series of irregularities that have been committed by an employee, this can also be considered as serious misconduct.

 

Hopefully that explanation guides you on how you answer considering hindi mo naman kinuwento kung ano yong incident that caused the notice to be sent.

thank you so much for replying

i dont remember signing anything about being awol or if i did whats the worst thing that i can expect?

hello guys

according sa isang call center, nag violate daw ako ng labor code article 282 section a:

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

they are asking me to explain my side, what do i do? may chance ba kong idemanda nila, hndi kasi ako pumasok on the second day because some reasons

pw please, thanks

in addition, threats were made via text message sa cellphone, can it be used as evidence?

hi guys, i need some consultation for an attempted/frustrated murder and grave threats

first, im concerned about money matters, how much (estimate) would it costs us to file and fight for the case and the attorney's fees

anyone can help us proceed with the case, pls pm me your contact numbers

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