Published by Department of Labor and Employment(DOLE) on Oct. 13, 2023.
Requested from DOLE by F. Lubiano at 02:13 PM on
Oct. 13, 2023.
Purpose: Process illegal terminate
Date of Coverage: 10/12/2023 - 10/13/2023
Tracking no: #DOLE-772149844021
F.LUBIANO
Oct. 13, 2023, 2:13 p.m.
Hi po! Gusto ko po mag request about process of illegal terminate.
Magandang tanghali po ma'am/sir.. meron po akong private employer na bigla na lang po ako tinanggal without notice kung ano ang dahilan. Nagchat po kahapon october 12.2023 time 10:23 am., ang aming secretary via messenger,at ang sabi po sakin tanggal na daw po ako sa trabaho.
J.BARBOZA
Oct. 17, 2023, 3:48 p.m.
October 17, 2023
Dear Feter jake,
Thank you for your request dated Oct 13, 2023 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Process of illegal terminate.
We received your request on Oct 13, 2023 and will respond on or before Nov 03, 2023 02:13:37 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/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNzcyMTQ5ODQ0MDIxDA, for request with ticket number #DOLE-772149844021.
Thank you.
Respectfully,
Jann Barboza
FOI Officer
M.VALEROS
Oct. 17, 2023, 4:37 p.m.
October 17, 2023
Dear Feter jake Lubiano,
Thank you for your request dated Oct 13, 2023 02:13:37 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You asked for Process of illegal terminate.
Dismissal of employees requires the observance of the two-fold due process requisites, namely: (1) Substantive aspect which means that the dismissal must for any of the just causes provided under Article 297 of the Labor Code or the company rules and regulations promulgated by the employer or authorized causes under Article 298 of the Labor Code, and (2) Procedural aspect which means that the employee must be accorded due process, the elements of which are notice and the opportunity to be heard and to defend himself.
As per your narration, you were denied due process and you only received your termination via messenger. We advise you to raise the matter to the DOLE Regional/Field Office having jurisdiction at your workplace for conciliation and mediation proceedings. You may contact them and request their intervention.
Our responses were made based only on the facts that were presented. This opinion shall not be used in any administrative or court proceedings as this may change based on any undisclosed information vital to the issues presented.
Help us to continuously improve our FOI Program Implementation by completing the DOLE-FOI Request Feedback Form through this link: bit.ly/DOLE-FOIFeedbackForm
Thank you.
Respectfully,
Mark Valeros
FOI Receiving Officer
F.LUBIANO
Oct. 27, 2023, 9:35 p.m.
Magandang gabi po.. meron po akong katanungan... meron po kasi ako mga kamag anak dito sa bulacan na dekada na po namamasukan, yung mga beneficiaries po kasi nila 2019 lang po inumpisahan... tapos po hindi po nag tataas ng sahod... at sobra sobra po sa oras yung trabaho ng tito ko...
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