Requested from NLRCom by J. Barte at 07:18 PM on
Jan 06, 2024.
Purpose: Labor rights
Date of Coverage: 10/31/2023 - 01/06/2024
Tracking no: #NLRCom-412732726738
Barte 07:18 PM, Jan 06, 2024
Hi!
I was terminated by an insurance company last year, October 31, 2023. Before I was terminated due to the decision of the company's HR under the Article 297 (c) of the Labor Code, I was never given the chance to make myself be heard on a company's administrative hearing. This process is written on their due process or rules of procedure when it comes to employee disputes. Besides that, they did not include my leave credits on the final pay.
I would like to know if these circumstances are in accordance with the law and did not violated any of my employee rights. Thank you.
Hermano 07:24 AM, Jan 08, 2024
January 8, 2024
Dear Josephine,
Thank you for your request dated Jan 06, 2024 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Inquiry Concerning Termination of Employment.
We received your request on Jan 06, 2024 and will respond on or before Jan 26, 2024 07:18:43 PM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyIAsSB0NvbnRlbnQiE05MUkNvbS00MTI3MzI3MjY3MzgM, for request with ticket number #NLRCom-412732726738.
Thank you.
Respectfully,
Ailen May Hermano
FOI Officer
Bautista 06:57 PM, Jan 16, 2024
January 16, 2024
Dear Josephine Barte,
Greetings!
Thank you for your request dated Jan 06, 2024 07:18:43 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
As a quasi-judicial agency mandated to adjudicate labor and management disputes, our agency (NLRC) has consistently refrained from rendering opinions on questions that are beyond our authority to act on, or which could be the subject of dispute or controversy that may be submitted before our agency for resolution.
Thus, we regret that we cannot advise you on the legality or illegality of the management's action/policy in question, lest a possible conflict of interest on our part may result in the event a Formal Complaint is filed with us in the future concerning the same issues that you mentioned.
We suggest that you consult a lawyer of your own choice or the Public Attorney's Office or the IP Legal Aid Clinic so that you can be given the appropriate advice based on your entire circumstance and situation.
Nevertheless, should you feel that your rights as an employee have been violated, you may personally raise your concern or file a Request for Assistance and/or complaint before any Single Entry Assistance Desk Officer at any DOLE Regional/Provincial/Field Offices or its attached agencies, such as NLRG, most convenient to you.
In the alternative, you may file your Request for Assistance (e-RFA) online through our official website https://nirc.dole.gov.ph/ERFA if your employer is located in the National Capital Region, or through the DOLE's website at sena.dole. gov.ph if your employer is located anywhere in the Philippines.
We hope that we were able to assist you regarding your concern. It is worth mentioning that any opinion we offer in this email is solely based on the facts you provided and our appreciation of the same; thus, it may vary when these facts are changed or elaborated.
Respectfully Yours
FOI Focal
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