MTC HRD Thread

[VVV]

69. What constitutes the ground of gross and habitual neglect of duties?

 

 

• Element of habituality may be disregarded where loss is substantial.

 

• Element of habituality may be disregarded if totality of evidence justifies dismissal.

 

• Element of actual loss or damage, not an essential requisite.

 

• Habitual tardiness or habitual absenteeism may be a ground for termination.

[numb69]

Hi guys. just wanna ask for advice on something. my cousin. is taking up a 2 year assoc grad course of networking. but a few years back on an unfortunate event. he lost his hearing. he still tops his class in grades and exams. altho he's asking me if it would still be possible for him to get a decent job after he graduates. i would really want to give him advice but im also clueless about what to tell him.

 

thanks in advance.

[Vegasboy32]

Me and my friend had this argument. I used to work for a call center in the Philippines. On my last day at work, I texted my TL and informed him that I'm gonna go on a half day. He texted me back and he asked if I could go to work the whole day. Of course, I find this BS since it's my last day. I proceeded with my original plan. When I got to work, I was telling my co worker about what happened. He told me that since I promised in my resignation letter that I'll work until my last day that I should have made true to my promise. I told him what are they gonna do suspend me? He told me that they could delay my back pay. I find this bs again. I read our employee guide book and I found out that they can only hold your back pay if you still have some liabilities to the company. I've been working in our country for about 13 years already. Once you resign from the company that you used to work for. You need to let your boss sign the clearance form to clear you of any liabilities. At the same time, I did some researching. I read the Philippine Labor code. I did not find anything there that pertains to my issue. Bottomline this is crap.

 

I told my friend that let's say that they're gonna hold my back pay then I have the right to sue them. I don't think they're gonna put up a fight because they're on the losing end. Just like what Denzel Washington said in Training Day. "It's not what you know. It's what you can prove."

[bosslove]

I have a friend who would like to ask some questions, She is currently employed and regularized. She signed a contract that has a bonus package which has no conditions that she will only get it if the company has income. Suddenly, just last October, the company declared that they are financially having difficulties and will not be able to give out the said bonus. Since her contract does not state any conditions on the bonus payout, is she eligible in receiving such bonus? Can she demand that such bonus be released? Her expected bonus is 10% of her annual income.

 

Thanks in advance for your replies.

[b1gbeauty89]

HR scenario :

An employee (a managerial level) resigns from the company thru EMAIL notice . She has not been reporting for work since this month of December and the previous months she had incurred almost 23 days of absences. She resigned based on her email effective Dec 9, 2009. She has not served the 30 day notice period of resignation .

 

Question :

 

1. How will the clearance of this employee be treated ? Should the company clear her and issue a certificate of employment?

2. Is resignation by email a valid way of resigning from a company since she claims the nowadays email are accepted as a valid evidence in court?

3. What if she still has company loans left unpaid ? How shall these unpaid obligations can be settled?

4. Can we file a court action for this or vice versa?

 

Pls enlighten me. Thanks in advance

Edited December 15, 2009 by CaveDweller

[warglyph]

hey guys...

 

i'm just new to the community and i hope you could accommodate my queries.

 

i teach in this pathetic japanese school and they asked me to prepare classes without additional pay. ang masama pa nito... ngayong gusto ko nang mag-resign, sabi nila na kailangang iwanan ko yung mga ginawa kong publications and materials dahil "SCHOOL PROPERTY" daw ito.

 

am i right to say that these materials are covered by my own "intellectual property rights"?

 

hope you can help me on this... more power!

[catlover]

Can anybody tell me how much does a graphic artist earn in a month? can they reach up toi PhP18000 to PhP19000 here in our country?

[bicolana]

Maybe this could serve as a warning to anyone who buys this JobFinding newspaper/magazine.

Today I bought one, once again and browse the pages looking for a job.

Again I found the same ad published a few months back, same position, telephone number, and email address.

 

I called the number, a lady answered and told me that the 3 positions mentioned no longer exist, as early as December.

 

I called the publisher, a man answered, I stated my purpose and all he could mumble was..."ok".

 

I think this publication is a scam, pinipilit lang nilang punuin yung paper ng mga entries kahit na non-existent yung mga trabaho.

Isa pang napansin ko, maraming contact number ang pare-pareho, ewan ko lang kung number ito ng isang agency na naghahandle

ng centralized pooling. Pero ng i-chek ko iba-iba naman ang mga establishments.

 

Maybe we can call for the boycott of this paper.

Anybody here who had the same experience.

[council]

If you have any HR and Labor Law inquiries, just post your message here.

 

Or send me a PM.

[Ninong2]

sirs,

 

my friend is planning to retired this year after working 12 years, however, the company where he is presently employed has no retirement policy. What he will do in order to avail at least early retirement (or known as optional retirement)??? thanks po...

[council]

sirs,

 

my friend is planning to retired this year after working 12 years, however, the company where he is presently employed has no retirement policy. What he will do in order to avail at least early retirement (or known as optional retirement)??? thanks po...

 

As per RA 7641, Article 287 of the Labor Code has been amended, to provide for, among other things:

 

"In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.

 

 

Read more: Labor Code of the Philippines (Art. 287: Retirement) - Musings on Business, Culture, Government, Law, Technology, Travel, the Philippines and others - The Council http://www.council.ph/?p=339#ixzz0mSJpMeUA

Under Creative Commons License: Attribution

[Ninong2]

As per RA 7641, Article 287 of the Labor Code has been amended, to provide for, among other things:

 

"In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.

 

maraming salamat po sir

[justinapay]

Is it considered moonlighting to be part of an MLM organization while working on an 8-hour desk job? Recruitment/MLM-related tasks are done only after office hours because of the knowledge of this concept known as moonlighting...Please enlighten me...TIA

[j0hn]

i would like to ask po your opinion in this matter. Kasi i am working with a company na yung mga boss/managers ay hindi pinoy. so I usually work na meron music so nag earphones ako so that i wont disturb anyone. and hindi naman nakaka lessen ng productivity ung pakikinig sa music in my own opinion nakakadagdag pa nga ito ng productivity dahil pag badtrip ka medyo pag nakinig ka ng music ay ma rerelax ka at mas ma gagawa mo yung trabaho mo. So then eto ngyari sinita ako ng isang boss na hindi pinoy sabi nya bakit daw ako naka earphones? sabi ko namn sir i am listening to music. sabi naman nya "no listening to music.". so tingal ko ung earphones.

 

tapos nung ni review ko yung manual sa HR wala naman ako nakita na bawal gumamit or makinig ng music or mag earphones. So feeling ko baka ng popower trip lang sya. tapos ang ginawa ko the next day isang earphones lang ginamit ko. then sinita ulit ako, tapos tinapik pa ung ulo ko(parang binatukan), sabi nya "why are u using that, no using that." so para sa akin nakaka insulto un specially ung may physical contact.

 

hindi ba parang violation na un kasi pinag babawalan nya ako kahit wla naman sa rules nila. tska hindi ba parang tinatapakan nila nya ung rights ko kasi bkt nya babawalan eh wala naman sa rules ng company. tska nag physical contact sya eh, kahit tapik lang un eh napaka unprofessional nun. gusto ko sya isubong sa HR pero feeling ko mas kakampihan pa nila un kasi boss un at ibang lahi pa. FYI dito lang po ito sa pinas. Am i in the right position para mag reklamo? thanks sa mag rereply

[KunehoMan]

Sirs, tama ba na ipa ban ng isang BPO employer ang kanilang mga resigned na empleyado na pumasok sa isa pang BPO company? ex: company A & co. B?

Ang siste kase ang general manager ng company A ay dating general manager ng company B. ngaun pag may nagreresign sa company A nka ban daw sa company B. dahil napagalaman ng general manager na yung mga nagreresign sa company nya ngaun(A) ay lumilipat sa company B. sana magets nyo, ahehe bka kase naguluhan kau sa kwento ko eh. hehe thanks sa reply sirs. rgds

[callcenter]

Supposing an agent was dismissed illegally, did not go through the required due process. If she signs the quit claim form, because she needs to get the last pay - she needs the money being a single mom with 4 kids - can she still file a case in NLRC?

[jpatricks1]

Need your advice sir,

 

When I signed up for my current job I was told that annually there will be an appraisal of my performance and that my annual salary increase will be dependent on said appraisal.

 

I worked really hard and my manager happily gave me the highest rating which would merit a 10-15% increase. Around 80% of the department didn't even get the "meets expectations" rating.

 

But a week after I signed my appraisal my manager told me that because we were in a new department and that there were no standard goals and also for the benefit of the majority, everyone would be given the "meets expectation" rating including me.

 

This would mean my salary increase would only be around 7% and less career opportunities within the company. I was hoping to transfer to a different department but my new rating automatically disqualifies me from transferring.

 

I just want to know where I stand. It seems so unfair after all the hard work I've put into the program.

 

Thanks in advance.

[icis]

I would like to inquire regarding the application of using contractual employees in a company.

 

 

For example:

 

 

Would all sections and departments can use contracted work and what would be the maximum time (in terms of months)

 

 

 

Thanks in advance

[saracrew]

I just came from a maternity leave. I went back to work on June 18, 2011. We are being paid semi-monthly, with a cut-off period of 9th-23rd and 24th-8th of each month. So this 30th of June, my salary is covering the cut-off of 9th-23rd of the month. My salary was computed as five days of work (18-22, 23rd being rest day) and nine days of absence. (9-17) We get paid P9, 000 semi-monthly. So my net pay for the 30th was just more than P1, 500.00. Our finance manager was insisting that their computation was correct because I was "absent" during the days I was on my ML. They said that SSS all ready paid me on those days, so they have to deduct those days against my salary. I need help on what to do. Was that even legal? Thanks!

[paobulous]

As per RA 7641, Article 287 of the Labor Code has been amended, to provide for, among other things:

 

"In the absence of a retirement plan or agreement providing for retirement benefits of employees in the establishment, an employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age, who has served at least five (5) years in the said establishment, may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one whole year.

 

hi sir, you seem to be knowledgeable about this stuff. so I would like to ask you a question somehow similar to the query above. my mom is now 58 years old and she had a stroke a few months ago. Now her company is planning to retire her (more than 30 years of service) because she still has not recovered from her illness. The company has no retirement plan but agreed to give her half a month's salary for every year of service. Is there any article in the Labor Code that pertains to this?

[bhooglees]

I just came from a maternity leave. I went back to work on June 18, 2011. We are being paid semi-monthly, with a cut-off period of 9th-23rd and 24th-8th of each month. So this 30th of June, my salary is covering the cut-off of 9th-23rd of the month. My salary was computed as five days of work (18-22, 23rd being rest day) and nine days of absence. (9-17) We get paid P9, 000 semi-monthly. So my net pay for the 30th was just more than P1, 500.00. Our finance manager was insisting that their computation was correct because I was "absent" during the days I was on my ML. They said that SSS all ready paid me on those days, so they have to deduct those days against my salary. I need help on what to do. Was that even legal? Thanks!

 

I think its a yes. The maternity benefit you got from SSS covers your salary for the time that you were in ML. THoug if you have VLs available, you could've filed part of your ML through that. hope I helped

[council]

hi sir, you seem to be knowledgeable about this stuff. so I would like to ask you a question somehow similar to the query above. my mom is now 58 years old and she had a stroke a few months ago. Now her company is planning to retire her (more than 30 years of service) because she still has not recovered from her illness. The company has no retirement plan but agreed to give her half a month's salary for every year of service. Is there any article in the Labor Code that pertains to this?

 

ART. 284. Disease as ground for termination. – An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

 

http://www.council.ph/legal/?p=93

[wildswans]

good day sir.

 

i'd like to know if DOLE entertains anonymous complaints of an employee against his or her employer regarding working longer than 8 hours without pay, not having sss and other mandatory benefits, no vacation leave and no sick leave, and no 1 hour lunch breaks? especially if the employee is still working in the company.

 

thanks.

[MartyMart]

good day sir.

 

i'd like to know if DOLE entertains anonymous complaints of an employee against his or her employer regarding working longer than 8 hours without pay, not having sss and other mandatory benefits, no vacation leave and no sick leave, and no 1 hour lunch breaks? especially if the employee is still working in the company.

 

thanks.

 

You can try sending an anonymous letter to the DOLE's Bureau of Labor Standards which is mandated to inspect companies to ensure that they comply with existing labor laws and policies. Just make sure that you cite specific cases that could be verified from the companies records or confirmed by other employees whch would serve as basis for whatever action the bueau may take against your employer.

[game_boy]

can somebody help me get a copy of the latest pmap directory?