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Call Center Illegal Termination

Illegal Termination is the unlawful dismissal of an employee that does not fall under the just causes as clearly provided by the labor code. This applies to all employees including call center agents that work in the Philippines. There are basically five just causes for legal termination namely, serious misconduct, Willful disobedience to lawful orders, Gross and habitual neglect of duties, Fraud or willful breach of trust / Loss of confidence, and commission of a crime or offense.

Moreover, there are also just causes that are analogous to the cases above such as abandonment of job, gross inefficiency, disloyalty/conflict of interest and dishonesty. If call center employee or any employee for that matter is terminated for any other reason beyond what is stated above, then such termination can be disputed as illegal. However, if for some reason, one’s termination is successfully proven to be included in any one of the just causes and analogous provided by the law, then one’s termination is considered legal and the person terminated shall not be entitled to any separation pay or benefits.

Aside from the ensuring that just causes for termination is valid, the law also clearly provides for a procedural due process for an employee termination or dismissal be lawful and valid. This is necessary to provide employee to explain to the court and defend himself from the action of the employer through a hearing. The process starts by sending a written notice to the employee explaining the grounds of termination. A hearing or formal investigation ensues in which employee is given the opportunity to explain and respond to the charge. A second notice of termination is served after the hearing is done. If however an employee refuses to participate in the process of termination, the law considers that he has waived his right to defend himself.

Termination is illegal if the dismissal is not for a just cause. If dismissal is for a just cause but without proper procedural process, the termination is still legal but employer may be compelled by law to pay damages to terminated employee.

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2 thoughts on “Call Center Illegal Termination

  • September 18, 2017 at 11:50 am
    Permalink

    My regularization day was last September 16, 2017. before that I was absent for a couple of days, I informed my supervisor about my absenteeism. last September 12, 2017 I received a a notice to explain letter, and was advised that I will have HR Hearing, but up until today, September 18, 2017. I never been to HR for the said Hearing. But I sent my explanation. My TL informed me that I might be dismissed because of that. But as I’ve said I never attended the Hearing. Since my regularization was September 16, 2017. Am I consider regular employee? what should be the possible step I need to do? Do I still subjected for terminated? Thank you

    Reply
    • October 16, 2017 at 4:53 pm
      Permalink

      To answer your queries re: your status. Yes, you are already considered a regular employee last Sept 16 if you are still working in that bpo company. Second, do you have a copy of the explanation letter you sent to HR? That is a proof that you have replied to the NTE, however, you should still attend the admin hearing if you are scheduled to have one. Absenteeism is not a valid ground for termination, especially if it’s not habitual. There is such a thing as due process. Refer to your company handbook or manual for guidance. Should you encounter other labor issues or concerns, pls feel free to post it on bposhield.com. It is a website that helps bpo workers in providing basic labor advices regarding labor issues and concerns.

      Hope this enlightened you with your concern.

      Reply

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