I have other questions in mind:

1. ) Do I have the right to ask for my payslip (YES), copy of memos (YES BUT SHOULD HAVE BEEN DONE WHEN IT WAS ISSUED), Certificate of Employment (COE) (YES) and last pay computation (YES)?

4.) I was dismissed in April 24th and until now they have put on HOLD MY LAST CUT-OFF’S SALARY (April 11- April 25). Upon my computation, I still have P365 of OT receivable from them. Do they have the right to? Its only on hold, normally after accountabilities are computed, it will be released to you. Process is 1-2 months.

This other link is helpful too.
http://sesantos.com.ph/2007/09/09/how-to-lose-your-job-part-vi-due-process-2/

I have other questions in mind:

1. ) Do I have the right to ask for my payslip, copy of memos, Certificate of Employment (COE) and last pay computation?

2.) Does my employer have the right to refuse to give me any of those???

3.) Or is it my right to be given those that I ask even if I am already dismissed?

4.) I was dismissed in April 24th and until now they have put on HOLD MY LAST CUT-OFF’S SALARY (April 11- April 25). Upon my computation, I still have P365 of OT receivable from them. Do they have the right to?

Thank you for your advice. I will surely take this up to DOLE so I can be educated with my employee rights.

Thank you for leaving a digital footprint here & I would like you to know that I admire your good command in English language. Now, based on your story, you said you were dismissed for serious misconduct and you were tricked to signing a termination paper, and you claim that due process was not observed.

In a nutshell, due process is:

1. You committed a violation (substantive due process)
2. You were given a memo informing you of the alleged violation (item 1) and asked you to explain your side.
3. A meeting or series of admin hearings is held to ask you to elaborate your explanation to item 2.
4. Another memo is given to you, informing you on the decision of the case. In your case, this is the termination letter.

More info here: http://sesantos.com.ph/2007/09/09/how-to-lose-your-job-part-vi-due-process-2/

If above is not followed, then you have the right to claim due process was not observed. As for asking a copy of the memos you signed and pay slips, by all means ask for a copy.

As for legal advise, I am not a lawyer. But you can go to the DOLE office in your region and present your case, they’ll be glad to assist you.

I am a lowly contractual worker who works as a cook/service crew in a Diner in Davao City. I’m a High School graduate; married and have a family. I was working in this diner for about 5months now. We were placed under an agency so we get our base pay from the agency every payday and overtime pay directly from the diner. I was dismissed/terminated due to serious misconduct. I was asked to sign a paper and manager verbally told me that they will decrease my hours of work, NOT knowing that what I signed are my termination papers. I felt frustrated and miserable because I was expecting my last salary to be given this 30th of April 2012,since I’ve been working for 8hours straight since the last cut-off.

I am seeking for your help because I feel that there was no due process and I wasn’t even aware of my rights when they had me signed the said paper. They said I was already terminated April 24th, I even went back on the 26th thinking I still have a job to go back to. Please enlighten me about my rights.

Do I still have the right to get a COPY of the said paper I signed? Do I have the right to ask for my payslip? We weren’t given any payslip ever since. I need your legal advise on this, Sir.

Thank you very much.

The labor code guarantees due process for all termination. For just causes, substantive and procedural due process. For authorized causes, reporting requirements: 30 days notice rule, documentary evidence supporting that there is ground for the specific authorized cause as ground for dismissal.

Our law does not provide immediate termination but only preventive suspension.

Because of what happened, you may have to deal with opinion issues with the employees, and if aggrieved employee filed a complaint for non observance of his right for due process, you may end up spending money to settle the dispute.

In the case you mentioned, these could be your courses of action, but this is water under the bridge.

1. Allow employee to accumulate absences then use this later on as ground for non regularization if performance is below expectation. If employee is a performer, you can opt to extend the regularization of employee commensurate to the days of absence before making the final assessment.

2. If operations is being hampered by his continuous absence, try to talk to the employee and his family of resigning. [but like immediate termination, this is rubbing salt on the wound and a little harsh]

3. What other company does is offer employee 1 month in exchange for resignation given the immediate need of operations [but this approach can also back fire]

My 2 cents, thanks for leaving a comment

Per law, under normal circumstances, notice of resignation should be 30 days notice. If the supervisor acknowledge receipt of the letter but indicated 30 days notice is a wise move.

But not all employers are willing to run after employees who disregard this because of unnecessary stress and waste of resources UNLESS the departure resulted to actual damages to company reputation or loss of resources. This, you have to substantiate.

Options:

A. Let go and move on, employee action and behavior will catch up on him eventually.
B. Run after employee [this option is "only" practical if employee holds a critical position or a position of trust and confidence]

1. When employee request for certificate of employment, indicate at the last paragraph that employee did not observe 30 days notice and clearance is yet to be completed.
2. Since he did not turn over accountability properly, document the problems you encountered specially if it affected operations and involves actual losses and damages.
3. Send him notice to explain [check your coc for the alleged violation, normally it falls on (1) absent w/o leave (2) abandonment (3) insubordination (4) negligence resulting to damages and losses].
4. Prepare a separate notice to explain if you need to collect for losses and damages, to be deducted from his last pay.
5. The 2 notices should be sent to employees last known address via registered mail.

I just want to ask about resignation vs. termination. An employee submitted his immediate resignation because he is required to start at his new job the next day. His supervisor received his letter but indicated that the effectivity of his resignation is 30 days after. The employee did not report for anymore following the day he submitted his resignation letter. Does the Company have the right to issue him a termination notice (of course following the 2-notice rule). Thanks!

As long as you have a copy of your resignation letter, duly received and acknowledged, and you gave them 30 [working days] notice ahead, you complied already with the legal requirements.

To extend is totally your prerogative, and an affirmative decision is out of good will.