The word itself is awfully dreadful I couldn't imagine any Filipino employer capable of doing it for no just cause and without any formal warning. But it happens, it did happen (to someone I know). Termination on the spot. No second chances for improvement even. To pacify the situation, an option was available - to either “voluntarily resign” OR tarnish your reputation with the word “Terminated” for life. Is that even a “choice”? Sounds like subliminal forced resignation to me!
Forced resignation is not allowed and is considered “constructive” dismissal – a dismissal in disguise. Employee retirement is either voluntary or compulsory under art. 287 of the Labor Code.
To be honest, the only reason I feel upset about this incident is the fact that it was morally degrading. Other than that, it was an answered prayer, for that person to quit this demanding job (and client!) where there is excessive overtime hours spent without pay, health benefits nor allowances (even after the training period!). The company doesn’t even pay contributions to Pag-ibig, Philhealth and SSS!
It’s just not fair how we employees are obliged to give 30 days notice when we file our resignation. (Read: I served 60 days notice at RCG IT!) Had I seen it coming, I would’ve read the book of Labor Code to know the rights of an employee in the Philippines and play lawyer! (I possibly am a frustrated lawyer!)
But like what Dr. Suess says, "Don't cry because it's over, smile because it happened."
Lesson learned. Moving on.
http://www.bcphilippineslawyers.com/the-labor-code-of-the-philippines-book-6/
http://www.kittelsoncarpo.com/philippines-labor-employment/termination-of-employment
Forced resignation is not allowed and is considered “constructive” dismissal – a dismissal in disguise. Employee retirement is either voluntary or compulsory under art. 287 of the Labor Code.
To be honest, the only reason I feel upset about this incident is the fact that it was morally degrading. Other than that, it was an answered prayer, for that person to quit this demanding job (and client!) where there is excessive overtime hours spent without pay, health benefits nor allowances (even after the training period!). The company doesn’t even pay contributions to Pag-ibig, Philhealth and SSS!
It’s just not fair how we employees are obliged to give 30 days notice when we file our resignation. (Read: I served 60 days notice at RCG IT!) Had I seen it coming, I would’ve read the book of Labor Code to know the rights of an employee in the Philippines and play lawyer! (I possibly am a frustrated lawyer!)
But like what Dr. Suess says, "Don't cry because it's over, smile because it happened."
Lesson learned. Moving on.
http://www.bcphilippineslawyers.com/the-labor-code-of-the-philippines-book-6/
http://www.kittelsoncarpo.com/philippines-labor-employment/termination-of-employment
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