Is she entitled for a separation fee or not?

[shiela1234]

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IS SHE ENTITLED FOR A SEPARATION FEE OR NOT?

Before I begin, I would like to point out the people in this letter.

1.) Brother In-Law - My husband's younger brother
2.) Sister In-Law A - My husband's younger sister
3.) Sister In-Law B - My husband's younger sister
4.) Employer - Me

Hello, I need some inputs and advice.
I have this company. My brother in-law is working as our company driver and a sister in-law (in-law A) working in the office starting January 2010. She convinced her sister ( in-law B ) to work with us. March 2010 in-law B just reported to the office with out any application nor submit resume. In-law B accepted without thinking for one reason because she is a sister of my husband. first week of June 2010, in-law A did not report to office at no reason and texted in-law B that she will resign, but did not submit resignation letter. Middle of June, employer had a meeting with all the staff, in-law B showed serious misconduct that insulted her employer in front of other employees. It was real unacceptable behavior. Employer then talked to in-law B to better leave the company at soonest possible time if she is not happy working with us. But then she cried and cried and ask sorry. Another chance was granted. January 2011, Brother in-law left at the office 12noon and never came back, just like that as if nothing happen. Employer asked for an explanation letter so he could come back to work but still nothing. Weeks, months never showed up. Until employer consider him out of the company without resignation letter again. From then on In-law B character and behavior at work is getting unusual to the point that it is not acceptable. Or shall I say " Serious misconduct; Willful disobedience of employer’s lawful orders connected with work ". Employer adviced her to resign. At first she acted so bad. Employer wanted to give her 2 months notice so she can find another job but she started deleting files on her working computer. Employer then ask her to tender her resignation right away on the same day, but in-law B said she will not tender resignation. Employer ask to return the mobile phones and others that is owned by the company but she refused to return. 2 days after, she texted that employer should give 2months separation fee to her and went back to the office, submitted her resignation and other company belongings.

IS SHE ENTITLED FOR A SEPARATION FEE OR NOT?

To add also, we do not have an employment contract as we are a small company with less than 5 employees. We only have verbal agreement.

Please help.

Your ideas will be very much appreciated. Thank you.

[CocoCrunch]

May I know if your company is following any DOLE/Labor code rules like documenting/keeping files of your employees? I'm asking coz once I tell you what to do and they might report to labor, the employer will lose if you are not abiding the labor code.
Do you have any company contract?

Anyway, my initial advice is this. According to labor code, If the employee fails to give the employer one month advance notice of his intention to resign, he may be held liable for damages.
In our company once you don't show up 2-3 working days, you will be considered AWOL. AWOL= Termination unless his/her reasons are valid. Now, what should you do if this will happen? Send the employee a Return to Work Order (RTWO), keep the receipt as proof that you sent them RTWO. If they won't answer, send again another one(to be sure). If they ever come back talk to them and ask why the heck they left without telling you etc.
Either way, whatever excuses/alibis/reasons they will tell you, you need to release them/terminate their contract coz they are and have had made damages to your company. So, what should you do? According to labor code Article 282, an employer may terminate an employment for any of the following causes.
a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work
b) Gross and habitual neglect by the employee of his duties

You can already fire your brother in law due to A.282 a. - its self explanatory.
Eventhough sis in law A & B wont tender resignation you still can fire them due to A.282 A and B. Why they are obviously destroying the company. They are unethical and chaotic. You can also file damages versus in law B because of what damaged she caused from deleting company files. This can also be considered lost of confidence or breach of trust of your employees which is a valid reason for their termination. Since they are doing heavy damages to your company, it's justifiable enough to say you can't give them separation pay.
I can't tell you more since i don't know what else your company and the employees are doing. They can also fire back at you if you are imposing inhuman regulations and treatment towards them. I hope I helped you abit.

Anyone agrees with me?

[CocoCrunch]

Sa kadaghan sa ilang offenses they are not worthy for more or any pay!! You in-laws side are all immature, unprofessional. mga bagag nawng. I hope your husband is different.

You should know, it's not preferable to hire family members. Much to in-laws who take advantage.

[Metz]

lol.
I think she might even be liable for something.

[cebugdev]

IS SHE ENTITLED FOR A SEPARATION FEE OR NOT?

Before I begin, I would like to point out the people in this letter.

1.) Brother In-Law - My husband's younger brother
2.) Sister In-Law A - My husband's younger sister
3.) Sister In-Law B - My husband's younger sister
4.) Employer - Me

Hello, I need some inputs and advice.
I have this company. My brother in-law is working as our company driver and a sister in-law (in-law A) working in the office starting January 2010. She convinced her sister ( in-law B ) to work with us. March 2010 in-law B just reported to the office with out any application nor submit resume. In-law B accepted without thinking for one reason because she is a sister of my husband. first week of June 2010, in-law A did not report to office at no reason and texted in-law B that she will resign, but did not submit resignation letter. Middle of June, employer had a meeting with all the staff, in-law B showed serious misconduct that insulted her employer in front of other employees. It was real unacceptable behavior. Employer then talked to in-law B to better leave the company at soonest possible time if she is not happy working with us. But then she cried and cried and ask sorry. Another chance was granted. January 2011, Brother in-law left at the office 12noon and never came back, just like that as if nothing happen. Employer asked for an explanation letter so he could come back to work but still nothing. Weeks, months never showed up. Until employer consider him out of the company without resignation letter again. From then on In-law B character and behavior at work is getting unusual to the point that it is not acceptable. Or shall I say " Serious misconduct; Willful disobedience of employer’s lawful orders connected with work ". Employer adviced her to resign. At first she acted so bad. Employer wanted to give her 2 months notice so she can find another job but she started deleting files on her working computer. Employer then ask her to tender her resignation right away on the same day, but in-law B said she will not tender resignation. Employer ask to return the mobile phones and others that is owned by the company but she refused to return. 2 days after, she texted that employer should give 2months separation fee to her and went back to the office, submitted her resignation and other company belongings.

IS SHE ENTITLED FOR A SEPARATION FEE OR NOT?
Please help.

Your ideas will be very much appreciated. Thank you.

wla moy corporate lawyers sa nyu business? you should as legal advise from a corporate lawyer instead..

[flanker]

separation fee i think is only given if she/he was terminated without offense.. like nag close ang company..

[shiela1234]

Thank you so much to all that replied to my post.
Somehow it helps in many ways.

I forgot to add also, that we do not have an employment contract as we are a small company with less than 5 employees. We only have verbal agreement. I never thought giving jobs to my in-laws would turn out to over familiarize abuse of authority just because they think they are husbands family...

I learned a lot from this incident. And thank you again for all your enlightenment.
God Bless You All.

[ladynes]

pwede mo ride ani nga thread? separation pay mnpud akong problem..

actually, among company nagahatag jd ug separation pay sa mga empleyado nga ni voluntarily resign.
then karon nga year, 3 kabuok ni resign.
katong 1st ni resign, g ingnan xa sa among gm nga naa xy separation pay. ako pud nga nka dungog, nga naay separation pay, nalipay pd ko ky nagplan mnpud ko mo resign.

sa dihang ni pass nko ug resignation, kalit lng niingon among admin nga dili na cla mohatag ug resignation namo nga ni voluntarily resign ky among reason daw is mobalhin ug lain nga trabaho.

akong g ingnan ang usa nko k kaoban nga nag plan pd mo resign nga wala koy madawat nga resignation asta tong among kaoban nga niuna ug resign. pagkabalo niya nga wa mi separation ni pass daun xa ug resignation ky sayang daw ang adlaw magdugay xa nya wa diay separation. pero lahi pd iyang g reason sa iyang resignation. mag full time mom nlng daw xa. pra basin daw naa xy madawat. but unfortunately giingnan npud xa nga wa xy madawat ky wa daw sa balaod nga need cla mohatag ug separation pay sa mga tao nila nag voluntarily resign.

if kamo guys?
unsa kaha amo pwede buhaton pra ma naa mi separation pay? i know wa jd sa labor code nga mohatag cla separation pay, but sakit mnpud pamalandongon nga wala mi madawat. dugay nmi sa comanya and isa 8 yrs, the other is 9 yrs then ako ky 7yrs.

thanks daan sa advices

[hlongimanus]

maghulat nlng ka pahawaon ka nla...dat way kinahanglan na gyud cla mohatag ug separation pay nmo.
sakto man pud gud cla...dli man cla obliged mohatag anang separation pay kng voluntary resignation.

[mybuuz]

pag-AWOL nalang, para sila na gyud ang mopapahawa nimo.