Legal Question in Employment Law in Philippines

Dear Atty.,

I am working as regular employee for 2 1/2 years at the call center here in the Philippines and I was terminated for a violation of the ff:

1) not logging in and out at the access door for a six consecutive times per

month for 3 months because I just came inside together with my co

worker but I slog in my Avaya computer . I As per code of conduct .

Can it be considered as first offense since this is the first time that they

issued me Letter of the Notice to explain. As per

Code of conduct. Offense No. 2 for not log in and log out for three

consecutive times in a month, the sunction is termination. Is it harsh decision by the management since no counselling was done prior to termination.

2) Sleeping on Duty for 3 times in a month - This is the first my violation. We are answering calls but even I am sleeping ,I answer call immediately. I just feel drowsy because of the flue medicine that I take...

Is the above two violation ground for termination.

Please assist the situation and advice me if I will file a legal termination case at the Bureau of Labor and Employment.

Thanks and best regards. God Bless.

Gerard Maranon


Asked on 10/10/12, 1:02 am

1 Answer from Attorneys
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

The file a case before the Arbitration Branch of the National Labor Relations Commission for illegal dismissal. Its located in Banawe Quezon City.

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Answered on 10/12/12, 7:00 am


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