Legal Question in Employment Law in Philippines

I'm a management level, probationary employee (3 months+) in a big BPO company and I report to an American boss. As shown in our monthly scorecards, the teams that I manage are doing above average performance numbers thereby positively contributing to our company's targets. I have a 100% perfect attendance, 100% perfect punctuality and zero leaves taken. I have rendered 1 to 2 hours overtime (no OT pay as manager) per day in the last 3 months.

Two months into my employment, my boss talked to me and issued me a memo citing that I made a violation. His memo indicated that I slept in my workstation in the production floor during duty hours the previous day.

I denied the infraction telling him that while I was indeed drowsy and my eyes were closed but I wasn't asleep. I was sitting erect, face in front of the PC and hands on the keyboard. I added that my subordinates go to me (while I was under that state) to seek my attention and I respond to them promptly.

I told him that I will be submitting an explanation to him the next day so he can attach it in his memo before endorsing it to HR. When I talked to him during the next shift, he told me, "Don't worry, the memo is not with HR, it is still with me".

A month after that, I checked with an HR personnel who confirmed to me that no such memo issued to me was ever endorsed to them.

The other day, my boss talked to me and told me that again, I slept while I was on duty. He apparently went to my back, claimed that he was standing there for a few minutes. He tapped my shoulder, to which I stood up, faced him and talked to him.

The next day he told me that he wants me to do a voluntary resignation because of the incidences. I replied to him that I am not inclined to do that. The day after that, an HR personnel told me that as instructed by my boss, she is asking for my voluntary resignation. I also told her that I will not do that. I found out that though there was no memo issued to me for the 2nd incident, an old memo (dated a month ago) is now with them (HR). Since that month-old memo indicated that it was a final written warning and I "slept" again for a 2nd time, then my boss could warrant my termination.

This morning, my boss told me once more (2nd time) that I need to submit a voluntary resignation or else he will proceed to process my termination.

I deny that I slept on both occasions. I know that I didn't.

I do not even see if it is reasonable or if there is just cause in terminating me. I really have no plans in resigning and I felt that I am being wrongly treated. Is my boss correct in insisting that I should resign? What do you recommend that I do (or not do) next?


Asked on 10/10/09, 12:56 pm

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Why don't you check the sanctions provided in the company rules and regulations regarding sleeping while on duty. This is for you to find out, granting without admitting that you slept for a moment, what would be the consequences of such a violation, if there be any. Moreover, if in line with the treatment accorded to you by your boss you are being treated with disdain and indifference - somewhat killing me softly - then you have a cause of action for constructive illegal dismissal. Write a letter to your boss telling him that his actions are uncalled for considering that he has not proven the alleged violation. This might be a prelude in easing you out of work. Be careful in all your actions and put them all on the record.

Good luck to you.

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Answered on 10/12/09, 9:01 am


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