Agent wins Labor case after being terminated due to his failure to pass Performance Management

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  • Conz Coronacion

    Hmmmm.. interesting..

  • kartuthero

    This decision is not yet controlling since this case is still in the arbitration stage. It will only have legal value once the Supreme Court affirms this.

    • Attorney0013

      Such cases are not even goin to the SC.. Nag law ka ba? O nagdudunong dunungan ka lang?? Magbasa ka muna bago mag comment!

      • TheRuleofLaw

        sana may upvote comments no? You have my upvote @Attorney0013

        • kalurkey

          yes there is click the up arrow below his comment. just like what I will after this post I will like your comment @theruleoflaw

      • elizedeangeles

        it can be elevated to the Court of Appeals ( if it will satisfy the grounds of appeal ), thereafter, it can be elevated to SC. So don’t say it is not EVEN going to SC… Because there can be a possibility.

        • Rosa

          Actually, the decision of NLRC in the exercise of its appellate jurisdiction is not appealable to Court of Appeals. Such is not within the appellate jurisdiction of the CA according to Sec 9 of Batas Pambansa 129. The right recourse, if the party is not happy with the decision of NLRC, is to file a petition for certiorari (Rule 65). It should have been with the Supreme Court, but because of the principle of hierarchy of courts, the petition should therefore be filed with the CA, that is the Supreme Court ruling in the case St. Martin’s Funeral Homes vs. NLRC. :)

      • kartuthero

        and how sure are you attorney na hindi ito aabot sa SC? ah baka magka areglohan ba? pwede pero you cannot make a conclusion dat such this case will not go to SC. So ATTORNEY naka ilang take ka ba sa bar kasi mukhang parang mas magaling ka sa panghuhula at conclusion KUMAG!

    • TheRuleofLaw

      What? So we all rely to Supreme Court now? waste tax para paabutin pa sa Supreme Court? Basically at fault na talaga ang VXI – sa due process pa lang.

    • elizedeangeles

      Actually this is already controlling, unless VXI will file an appeal to NLRC….the ruling may change in favor of the employer.

    • Noy

      You are right only, if there was an appeal perfected within the 10 day reglamentary period provided by law to which the losing party may perfect an appeal from the time the decision was received by the latter, otherwise, this becomes final and executory when there is already an entry of judgment.

      • kartuthero

        Even if this decision becomes final and executory in the NLRC level, lawyers cannot even cite this decision in their pleadings. Perhaps the “legal value” this case may have would only cover the winning party but not the general public.

  • Neal

    This is a very interesting read. So it seems a single performance appraisal cannot be used as just cause for employment termination – or am I getting that wrong? I’m also curious (since I’ve consulted for several BPOs with a higher employee turnover compare to VXI) if the process used by VXI was deemed entirely unreasonable, or if the problem was just with the implementation. I’m all for ideas on how the process can be fixed in favor of employees without causing loss or any other detriment to the company concerned. I know this practice is prevalent in our industry.

    • Neal

      …and there goes my grammar.

    • ej

      It was the absence of due process that made the termination illegal. As mentioned the company failed to “formally charge” the agent. In BPOs and any other industry, the rules are clear and non performance could well be a ground for termination. Normally the disconnect is with the proper execution.

      • hhheellloow po

        What is the proper legal process? What should be the correct charge?

        • Yrros Yrev
        • MyOwnOpinion

          due process..was the setting of expectations done in the 1st place? was it declared to the specialist that after the performance program of x num of days/weeks/mos he/she will be evaluated again and failure to meet the target may result to disciplinary sanction up to termination..was there enough doc showing additional support was given to the rep to help him improve his performance..did the rep acknowledged those..was the root cause of the poor performance even identifed, etc…

          i dont work in a bpo industry but the naturef our work is prety much the same..and yes i had multiple times placed in a siyuation wherei i had to take the judgement call of whether to retain or terminate an employee but normally it can take months sometimes a year to do so..coz after the pogram u also need to give the employee a chance to improve or change habits..but then again if enough support has been provided but yet the rep still fails to pass the required metric then the business has got to do what it has to do..afterall it’s not a charity event and as mentioned by others..if u were in the position of the company would u let someone stay if that person is just a liability to your company?

          i think other bpo reps fail to understand as well is the reason behnd y certain metrics and compliance checks are in place..it’s mainly because for the business to stay open and let those who love their job and perform well be able to keep their job..certain mistakes or errors committed by a rep can actually result for a business to shutdown..employee and employer relationship is also a give and take process..i bet the rep who sued the company doesnt have a good working relationship with his manager..

  • Rex

    labor code rules!

  • Donnie Castro

    well, galing pala yan mismo sa nlrc e. maniniwala na sana ako e, kung galing yan mismo sa agent. dealt w nlrc already, at ang sagot sa kin ng mideator, kahit ano pwedeng gawin sa ten ng mga boss natin. next time iwasan mo na lang gawin ulet yun kasi now you know na di mapagkakatiwalaan ang hr nyo. haha, ending ko? il post the whole story here.

    • jazmin

      i’m looking forward to your story..

      • Donnie Castro

        posted my story na. u can check it out. thanks.
        title: code of conduct? integrity? hr? nlrc? all shit haha!

  • Logic

    Vxi is so stupid as it should not be under neglect of duty.. Should have provided not meeting performance required by the company.. The supervisor provided an incorrect memo and the employee relations in HR may not have a good understanding of labor law.. Tsk tsk tsk..

  • Rhyne

    I am calling the attention of the author of this blog/article. You are misleading the public on this. I am the lawyer for the respondents in this case and when this decision came out, i filed an appeal (to the Decision of the Labor Arbiter) before the First Division of the National Labor Relations Commission (NLRC). Early this year, the decision you posted was already overturned by the NLRC and the NLRC found no illegal dismissal because the QAPA stated in decision is a valid exercise of VXI in putting the complainant under Performance Improvement Plan but the agent did not improve. Under our Code of Discipline, a consistent poor and inefficient performance is a Level 5 infraction and hence terminable. The award for backwages, separation pay,etc. were deleted and only P75k was awarded as “financial asaistance” in consideration for his several years/tenure in the company. Therafter complainant never filed for a Motion for Reconsideration of the said decision. hence it became final and executory. Next time VALIDATE and RESEARCH first before you post. This destroys your credibility as a blogger.

    • Brian Kinney

      Where is the decision then? Google only shows the article mentioned above.

      • Rhyne

        I have the scanned copy of the Decision. It is not yet posted in the NLRC (Commission) list of decisions. I just checked it now and I would like to clarify that the Decision on appeal came from the Third Division (Comm. Bilog, Lopez and Espiritu) of the NLRC and not First Division, and that the breakdown of the award is 45k financial assistance and 30k nominal damages.If you have time you can check with the NLRC 3rd Div – Case No. LAC-11-003319-13. Thanks.

        • Brian Kinney

          We must not tolerate misinformation. If it is legal to post the scanned copy now, maybe someone should do it already?

          This case might be a wake up call to all: employers and employee, to be vigilant and be well informed of their responsibilities so as to avoid cases like this.

          • Jeff

            Meanwhile, the VXI Lawyer Created Brian Kinney. Paid na paid!

          • Brian Kinney

            Haha jeff. Your comment made by day. Please check my previous comment on this blog post. I was the first one who asked for the scanned copy of the decision Rhyne was talking about. And since he can not produce any, our only way to know the truth is to call NLRC and ask about this case. Unfortunately, most of us do not have the time to do that. So it’s either we believe what this post talked about or we wait until something about Rhyne’s comments materialize.

            So Jeff, rather than accusing me of being a made-up account by someone who pretends to be a lawyer (i am very offended btw), maybe we can dwell on the issue further? Maybe ask ourselves, What can we get out of this?

            Or are we just to condemn VXI and let that be the end of it? As intellectuals, I believe we must make take some kind of learning from every situation. And in this case, as an employee, I would now be more conscious of labor laws and my rights as an employee.

            By the way, google Brian Kinney. Why would VXI use such a name? Lol

            I love Brian Kinney and i will not let you accuse this name of being in league with a suspect of employee mistreatment.

            Brian and Justin forever! Though i would have been much happier if for once Brian and Michael had sex.

        • Rye

          I have nothing against you, but you said you just re-checked it?nasan na yung sinasabi mong validate muna bago
          magpost? Sorry a pero nawala na yung kredibilidad mo sa sinabi mo. You’re confusing everyone.

        • raniboy

          Non-lawyers are obviously not learned in law.No nid to stoop down to their level. Theyre trying to pull you down n ur pulling them up to your level.let go n leave those splattered brains to the ground.

    • Lance

      just scanned your copy then and post it on the nlrc website so that the auhor will be updated , dont blame the author he just quoted it all on the said website and upon checking no other info.

      • http://batman-news.com Rhyne

        I think the NLRC website is controlled by its own Admin and this is an official government website the content of which, only them can upload or modify. Besides for responsible blogging, there must be a Disclaimer stating that this Decision was rendered by the Labor Arbiter on (date) and may or may not be controlling as of this writing.

    • blackmamba24

      Financial assistance, huh? If VXI didn’t do anything wrong, why would they pay a penny? You don’t have to be a lawyer to understand that.

      • http://batman-news.com Rhyne

        So what is your understanding of financial assistance? Define within the
        bounds of law and jurisprudence. How would you reconcile the decision finding
        no illegal dismissal versus your claim that a wrong was done which became the
        basis of the financial assistance? Are you sure that was the basis of the
        financial assistance? Before commenting, better read the decision first!

        • HateArrogantPricks

          Bobo! Ang jurispurdence law din! Epal epal kasi, nagpapanggap na abogado! O abogado pero mapurol at walang alam.

          • http://batman-news.com Rhyne

            Jurisprudence refer to Court decisions. Law refer to legislations passed by Congress.. sino ang bobo, epal at mapurol?

          • thirdy

            mr ATTY. post mo nga decision para mabasa namin

        • ayps14

          Okay, granted no wrong was done. But why give the man a “financial assistance” after he filed a complaint and gave him nothing upon termination? Guilt feeling???

        • Birdseye

          You dont need LAW to define the GUILTNESS of your CLIENT… WHY would you pay financial assistance and nominal fee? If your company is not guilty?

          IF its for goodwill… WHY ONLY THIS EMPLOYEE? IF THIS COMPANY HAVE TERMINATED A LOT IN BADFAITH???

      • LaborLaw

        Actually, you might have to be a lawyer, or at least a law student who took up labors 1 and 2, to understand that. Time and again the courts, tilting the scales of justice out of equity and compassion for the working man, has granted financial assistance to those who were dismissed despite such dismissal being valid.

        May iba pa ngang kaso nagnakay yung employee, tama lang na idismiss siya, pero dahil ilang dekada na ata siya dun sa kumpanya, bigyan naman daw ng financial assistance bago paalisin.

        Pupuwede po iyan. You can even google it.

    • Jeff

      How can the respondent file a motion for reconsideration if this Multi-Million-
      Dollar-Abusive Company deprived the “work” (life) of the Respondent? How to pay a Good Lawyer? Kudos to the Lawyer of VXI… For the job well done… you just destroyed another “LIFE” because of your expertise…

      Sa VXI Management naman…. Mag iimpose kayo ng grade na 95% para mag improve… kapag hndi na meet… terminated na… BOBO YOU??? Ganon ba yun??? Katarantaduhan….

      • http://batman-news.com Rhyne

        Bitter? read the decision on appeal first before you comment.

        • maldita negra

          Why do you need to explain yourself here? Your first comment should have been enough. You are not talking to people who are lawyers here.

          • FunnyYou

            you’re right, this is funny

        • Eva

          Arrogant??? Its only NLRC… NOT Supreme Court… the deprived employee cannot pay the Arrogant ATTY. like you. How to achieve justice if the justice system is in favor to those who can pay Lawyers??? Happy now after 10years of studying… this is you purpose in life??? Keep it up… Lawyers in hell are waiting for u.

      • http://batman-news.com Rhyne

        “How can the respondent file a motion for reconsideration..” – now tell me who are the respondent/s here again? I think you confused yourself. Or you are in a hurry to comment without checking the precision of your statement here.

      • Antonio Torcino

        Sir Jeff matalino, regardless how much ang required grade, nasa contract nkalagay na dapat kang mag improve and perform as the company is performance-based para mapanatili ang business at may mga trabaho pa yung mga tao. If na sign mo na ang contract at d mo alam na may ganun, cguro d ka nakinig sa orrientation.

        • Birdseye

          Antoniong BOBO…

          IKAW BA MAKAKAPASA SA COLLEGE KUNG INEMPLEMENT NA 95% DAPAT LAHAT NG SCORE MONG BOBO KA HA???

          KUNG YES ANG SAGOT…. EH DI SANA GRADE 1 KA PARIN NGAYON… SAAN ANG LOGIC MO? MAGSAMA KAYO NG ABOBOGADO NG VXI.

    • Guest

      Lawyer ka pala ng VXI ha…

    • ForLabor

      For a lawyer your reasoning is weak and your presentation is shoddy.

      • http://batman-news.com Rhyne

        Are you a lawyer to say that? How perfect and excellent you are! For a commentator, you do not have the right to judge me without knowing me personally. Be a lawyer first, have yourself appointed as a Commissioner in the NLRC so that you can put your statement in a decision of which I am the lawyer for one of the parties.

        • HateArrogantPricks

          Bobo namang abogado nito. Arogante pa! siguro di nakapasa ng bar kaya dito nagpapanggap! Sige nga kung lawyer ka talaga ng VXI ano Roll Number mo? Baka nga ni bi di naktapos ng law school! Bobo!

          • http://batman-news.com Rhyne

            I will not stoop down to your level.

          • HateArrogantPricks

            Will not stoop down o peke lang talaga?! Sa pag-construct mo palang ng sentence halatang japeks ka na! Dami mong time attorney, la kang kliyente? Dami kaso ng VXI ah, di ba ikaw ang retained nila o spills na lang ang sayo?

          • Nibiru

            you already have..by defending yourself here in this blog when you could have ignore it and not waste time..

          • AttorneyNoCase

            Tanga tanga si Rhyne attorney no case ka siguro ano?bat kukuha ang VXI ng katulad mo? bat nagcocomment ka dito?dba dapat busy ka sa ibang bagay? aminin mong commoner ka at di abugado huli cow!!!!! huli ka balbon! baka nga janitor ka lang na panget eh

          • Albert

            Hahah walang maipapakita yan. Wont stoop down to your level daw sabay nakikipag dakdakan sia dito anong klaseng lawyer yan.

    • Rob

      Hi Ms./Mr. Rhyne,

      Can you help with a similar case? I’d be glad to hear from you. My email address is [email protected]. Thanks!

    • Alvin

      Rhyne, you did a good job on clarifying the company’s position regarding the case.

      Everyone, we need to be fair to both sides. Most of us have been employees, myself including, so we tend to view the former employee’s position first then label this or any company as “an evil corporation”. One must understand the need for the company to improve on their standards. One must understand that steps had been in place to help improve the former agent’s performance.

      It is also important to understand that it is not the company’s fault when the agent had failed subsequently every company’s attempt to help improve the agent’s performance.

    • Hugo

      DECISION OVERTURNED? This would only mean NLRC is incompetent to handle such situation. Bka naman may money involve kya nangyari yun? Di kaya?

    • 16thstreet

      I don’t want to pretend that I know everything about the law, nor even half of it, but one thing’s for sure, if I need to get a lawyer one day I’m sure I won’t pick you. Such a jerk. Such a wannabe, or were you just seeking a place in the limelight. Poor lil’ creature!

    • inquirerman

      hi atty rhyne, can you post the appealed decision to your blog or email it to us? by doing this, it will negate this blog post and proved you correct

  • thisisstupid

    Dozing off at work is a just cause of terminating an employee. He was also given performance evaluation on which he miserably fail which is surely a gross negligence. This guy should not be given any compensation or whatsoever.

    Put yourself on their shoes, would you pay yout employee if you caught them sleeping during work?

    • pogiako

      did u even try to read the article? it clearly says that the employee was able to complete 75% of the goal against the 95% passing rate which means the employee tried at least to comply with the metrics, anong pagtulog pinagsasasabi mo jan! utak mo tulog! and if he is not an effective employee, he should not be there for longer than 6 mos. he shall not be regularized on that designation…tama ako o tama ako?

      • lalala

        i usually lean towards the employees side regarding these things… but “just sayin”… 75% is what? anyone who went to school knows what that grade means.. so, LoL… i guess it’ll be enough if some1’s used to that tho (O.o)… if i was his employer, i wouldn’t want that person in my company either.. effort? he “tried at least”, you say? don’t want to be mean but, he may have woken up, got ready and went to work, and… that’s it. :D..
        regarding being regularized, i think the issue is past that point already… he may have proven that he’s an effective employee -before-, but the question is, was he being consistent?..

        anyway, idk the entire process that happened before he got termed, but if he got dismissed after JUST that 6wk qapa period.. then, his company IS being unjust… there should’ve been more escalation before he got the max sentence…

        • itanong

          hes just a lazy employee problem ng company is that hes regular so unlike probies they cant terminate him just like that so eh went thru the proper way… a re evaluation of course before that kinausap na yan ng hr….. and kahit pa 80 ang sinet bagsak eh

      • Arick

        Style yan ng mga companies which is talamak sa BPO if they want to dismiss an employee. Bibigyan ng mahirap na task, hahanpan ng butas, magiimbento ng bagong policies, ang simpleng mababang QA grade nagiging ground for termination na, hahanapan talaga ng grounds to terminate. Marami na akong kilalang naexperience yan, I myself experienced it. Unfortunately, most are not reporting it to DOLE dahil sa hassle, and lack of time and money to hire a lawyer. Some like me chooses to just let it go as we are certain and confident of our abilities and can easily find a better employment. I salute and admire those who reports these kind of cases and employer abuses most to those who fight to the end in court. Kudos!

        • Si Cj

          Parang feeling ko, eto ako on the next months to come.

          Napapakiramdaman ko na. :(

      • ron2hip555

        if you have been working for a bpo before. a percentage of 95% has never been done. even for managers this is hard to achieve. i have been working in the bpo business since 2000, so i know the in’s and out’s in this business. the pro’s in giving a 95% percentage is to keep the client in staying, which means the company keeps the client and if the agent fails his/her metrics they leave the company. and that is the con’s here.

      • itanong

        problem nga kung an regular ka na bigla ka na pde matulog sa trabaho??? come on. looks like hes a lazy employee that why they wanted him to go away but he wouldnt

  • Commoner

    Rhyne. I do not think that it is because of the dismissal being legal that is why this decision was overturned. The decision was overturned because VXI has a lot of money to finance their appeals. VXI would have gone to the court of appeals and supreme court after that if the decision was not ruled in their favor. They would just pay more lawyers to find loopholes the case but it would not change the fact that their policies are unreasonable. I do not have to be a lawyer to understand that the first decision was the right one.
    You are a lawyer but you do not understand how we the BPO employees feel when we are presented unreasonable goals and impossible to hit targets.
    Kudos to the author of the blog, win or lose we have learned something from this.

  • Guesty

    Hindi ako sa call center nagtatrabaho, pero sa restaurant. Gusto ko sanang magtanong ng kaparehong sitwasyon.

    Sinisante yung call center agent dahil hindi sya pumasa sa evaluation ng company nila, tama?

    Sa experience ko kasi, tinerminate din ako sa dating restaurant na pinagtatrabahuhan ko dahil hindi ako pumasa sa evaluation ng manager namin. Aminado naman ako na hindi ako magaling na waiter, pumapasok naman ako palagi at pumapayag mag-overtime, pero sadyang palpak ang nagiging trabaho ko, huhu. Sa madaling salita, nasisante ako sa pinagtatrabahuhan ko.

    Ang ganang akin lang, tanggap ko namang hindi ako naging magaling na empleyado, pero bakit ang agent dito, na hindi naman naging mahusay at nahuli pang natutulog sa opisina, eh naglakas-loob pang maghabla kahit tila siya ay may pagkukulang at may sala?

    Hindi ba dapat, kung alam mong pagkukulang ka eh tatanggapin mo iyon?

    Naniniwala din naman ako sa “security of tenure,” kaso, kung halimbawa ay meron kang palpak na empleyado, hanggang kailan mo papayagang pumalpak siya?

  • plague

    Let’s just put this way why does VXI have their name entangled with lawsuits? This is not the first time I’ve read a similar post. I guess it’s all clear to me now that I have to stay away from that company.

    • itanong

      or they dont like lazy people

  • Arick

    To the respondent’s lawyer, I’ve read a comment about the 75K being this is a financial assistance but on another comment the lawyer said *** ” breakdown of the award is 45k financial assistance and 30k nominal damages.” ***, meaning there is indeed a damage done to the employee.

    Kumbaga sa krimen, napababa lang ang sentensya sa kriminal due to mitigating factors.

    Style yan ng mga companies which is talamak sa BPO if they want to
    dismiss an employee. Bibigyan ng mahirap na tasks na alam nilang magfa-fail, hahanapan ng butas,
    magiimbento ng bagong policies, ang simpleng mababang QA grade nagiging
    ground for termination na, hahanapan talaga ng grounds to terminate.
    Marami na akong kilalang naexperience yan, I myself experienced it.
    Unfortunately, most are not reporting it to DOLE dahil sa hassle, and
    lack of time and money to hire a lawyer. Some like me chooses to just
    let it go as we are certain and confident of our abilities and can
    easily find a better employment. I salute and admire those who reports
    these kind of cases and employer abuses most to those who fight to the
    end in court. Kudos!

  • Elisa Mira

    A lawyer’s defense and argument works best in the courtroom. Trying to outsmart non- lawyers is not at all impressive. Its not gonna make you a good “lawyer”.

  • guest

    In fairness to the author, I see no misleading of information here. This is clearly a public record uploaded by NLRC and made public for no ill-purpose. The public has the right to know the facts of the case regardless. Anyway, I made my own research and found out that there is such a thing as constitutional right of the people to information on matters of public concern of which shall be recognized. The appeal is another story.

  • Richard G.

    Employees nowadays are just filing cases for the sake of getting money from the company. If that’s their metric, you can’t do anything about it because it was derived from client’s requirements. So ang gusto nio ba mangyari, kahit poor performance e i-keep ka pa rin ng company? Wag ka magtrabaho at magtayo ka ng kumpanya mo! This is bullshit, dapat hindi siya binigyan ng 75K!

  • chongki

    dito lang ako nakabasa ng attorney e nagcocomment para ipagtanggol yung kliyente. parang basher lang nagpasikat sa facebook page ni Marian Rivera ang peg. Galing galingan ang english pero ang cheap kasi may time makipagsagutan sa social media. ang saya saya naman, gusto ko makita si attorney mag otso-otso at mag ice bucket challenge. lol #Rhyne

  • Lee SJ

    I think it’s best to disBAR those lawyers who act “inhumane”…. Let’s understand that the lawyer will always side to his/her client… their clients are their “source of income”…. and every one knows, most lawyers but not all, are “siblings of LIARS”…. yes, they even memorized the law and constitution, that’s why they know how to bend those law just to impress their clients… sorry to say this, but your such a common lawyer… maybe it’s good if you just do NOTARY…..

    • elizedengeles

      Why disbar a lawyer if he/ she was able to do his/her job? Looking at the case, there was JUST CAUSE for termination and due process was followed.

  • Ana

    “…Be a lawyer first, have yourself appointed as a Commissioner in the NLRC so that you can put your statement in a decision of which I am the lawyer for one of the parties.” – pala-patol at buhat-bangkong lawyer

  • ED

    I have experience this not gonna tell the what company in my previous account there was a new rule that was impost which is performance management (PM) the agreement was your past 3 months performance would be computed and it should not go below 81%, I was curious why some level 2 agents who are in the top ranks who I personally knew and always have a score not lower than 90% got put in the performance management and he resigned, then one of my friend again got put in the performance management and he passed by the way hes quite new, I talked with him and he mentioned some agents who failed are given a chance to resign if not they would be terminated I found that weird, on the next month I was surprised when my supervisor told my I would be put in the performance management for 2 weeks and if I should hit the 95% passing mark on the first week I would be removed from that if not another week would be given, before they put me there one supervisor interviewed my and recorded our convo that i agree to the agreement of the account so i said yes knowing if i refuse I will be terminated while I was in the performance management I got my self thinking why I was put there I got my previous supervisor get my past 3 months performance to be sure and my scores was 85%,89% and 79%( because I was hospitalized for 2 weeks it affected my score big time) so my average is 84.33% in the agreement the score should be 80% and below I confronted my current supervisor and it just feel on deaf ears, in the end I didn’t hit the 95% mark which in my account is very very hard, and was forced to resign, then while contemplating on this I notice something most of the people who was put in the performance management where earning big some as much as the supervisors and most of them got terminated. didn’t bother going to Dole about this thinking this is a BIG! company and they will hire many lawyers just to find the tiny loop hole to win and im just a common citizen who cant afford a lawyer

    • MyOwnOpinion

      that’s just not right..ive mentioned previously that i get to a point where i had to term employees but before doing so the rep needs to understand why..even being on PM, u have to understand why..what was the goal set, what’s ur performance? once u understand that..did u get enough support? btw, there’s no such thing as forced resignation..that’s illegal

  • Thatsjustnotright

    I don’t know how to feel about this. He’s lucky that it turned to his favor, but how can anyone here really respect the guy who got paid for not doing his job right? Is every body rooting for the lazy worker so that they too can act like they don’t need to work so hard because the court will support them if they get fired because they don’t do they are supposed to? How would you feel if you encountered one of these workers who don’t give a fuck about how they treat you because their tenured and can’t be fired for under-performing? Everyone would end up being shitty with their job and you can’t do anything about it.

    • kinharu

      its not about not doing anything.. he was terminated without probable cause.. if you read the article, why would the company terminate him because of poor score? because of sleeping?.. its not a habitual incident, if it happened alot of times and a black and white copy giving him warnings and poor performance then only then he should be terminated, the HR who terminated mr. cruz is the one to be blamed.

  • Matt Gomez

    Based on my 10 years experience filing cases…the NLRC| CA | SC isn’t as clean or as fast when it comes to deciding cases as they should be. The lawyers to these corporations as well know that the company that they are defending is guilty…they just hide in the saying “innocent until proven guilty”. As long as matatago nila baho ng client nila (by any means necessary) then innocent sila.

  • The Merchant

    Lesson learned from this blog and comments is, think before you press the “ENTER” button. And before you think of what to comment, do some research first on how BPO companies put their goals into Agents shoulder while salary seems to be inadequate to the work load. I may not be a lawyer but I can see who’s gonna win on this case. And FYI (for Rhyne), I do believe lawyers provide statements with a good evidence and reference. With a single blow, no more questions, no more rebuttal, you don’t need to defend yourself with non lawyers who freely streamed on this blog (lawyer or non-lawyer). And btw, good comment “ForLabor”… it made my day. do you know how BPO works here’s the sample… Your boss is gonna call you in the middle of the night with a typhoon, flooded everywhere, no transportation available, saying that you need to come to work. Even if you explain your situation, since your absent, your credentials are gonna suffer. Even if your sick, your boss will try to contact you and make you report to work and after an hour seeing you unable to work, that’s the time their gonna decide that you can leave the premises to rest. I’m sharing a photo. It maybe funny and sarcastic but this happens in reality.

    • Andrew Ylidon

      Sa Company namin iba, pag hindi ka talaga makakpasok hindi ka pipilitin pero ipapalam mo lang sa kanila. Kasi samin mas pinapahalagahan ang tao. Swerte ko pala sa Company ko may malasakit sa mga empleyado.

      • itanong

        yan nga depende sa company at policies…… kung fail ka sa company policy na hindi naman sobrrang madaya…….. gayan nung ni re evaluate ka tas bagsak ka eh talgang dapt ka paalisin

    • Jugular

      BPO’s are the modern day sweatshops applying manufacturing principles to People duhhh do they look like machines ??? 2-3 years into an agents job and your the equivalent of a robot in a manufacturing line

  • Public Attorney

    3 Years na sa company ung tao, tapos incompetent pa rin? Ano ba ang kailangan matutunan sa call center, magsalita lang ng fluent english dba? after 3 years sa company nagtagalog bigla..hahaha

  • Public Attorney

    Kahit bobo sa call center pwede naman basta magaling mag english..haha baka may math ung evaluation..haha

  • komen2

    Kahit anu pa man ang kinalabasan ng kasong ito, moral of the story is know your rights as an employee, but that does not end there, alamin mo rin ang karapatan ng kumpanyang pinagtatrabahuhan mo…at saka mo pagisipang maiigi kung lalabanan mo sila o hindi…kung mananalo kba o hindi… My former trainer once thought me, “choose your battles wisely” for there are some battles not meant to be won…but are meant to learn from…

  • Antonio Torcino

    Imposible yan. Matatalo yung na termininate. Baka nakalimutan nyo na merong contract signing stating everything related to improvement and consequences if standards are not met. Isa pa, ung buhay na sinasabi nyong nasira, kasalanan ng empleyado kasi decision nya na pumasok sa ganun uring trabaho, by this, it is assumed na na iintindihan nya ang pwedeng mangyari sa kanya. Yung mga hindi dedicated at work at pera lang iniisip, at walang paki sa improvement nya at sa company, bitter, at andun sa inoman mo makikita almost everyday. I am commenting in defense to all hardworkers and truly dedicated at almost everything at work na nadadamay sa masamang impression ng “call center agents”

    • Antonio Torcino

      na kagagawan ng mga inutil na empleyado na gumagawa ng kagaguhan habang dala dala ang “call center agent” na label. Peace out.

    • jerome

      kahit ilang contract pa yan pipirmahan nya kung against sa law natin yan, law will still prevail! no one is above the law and no companys above the law!

  • Mitch

    Really? Lawyer ka? Pero nandito ka at kulang na lang magmakaawa kang sabihin sa amin lahat na maniwala kami sayo?!! Haha.. What a pathetic loser! Too much of a defense! Sa korte ka dapat nagpapaliwanag!

  • Mitch

    Kahit anu pang depensa ang gawin nyo, kayo matatalino at edukado di ba? Lawyer ka kamo ng BPO na VXI di ba? Ang bottom line pa din ay, anu ang tunay na intensyon o ulterior motive sa mga empleyado? Makatulong o makalamang? Ikaw Rhyne, anu pakay mo, intensyon o ulterior motives? Hmmm?

  • Dumb and Dumber

    Employers in the Philippine are way to considerate anyway, i was always surprised with the amount of laziness and stupidity that you can get away with here, ans an employee.

  • Birdseye

    Dito palang malalaman mo na kung anong klaseng Company ang VXI…

    Sa ATTY. (daw) palang nila… haaaay…

    Kawawang Kumpanya nag aaksaya ng PERA sa Abugadong BOBO… “Dami mong TIME ATTY. PULPOL!

    • kinharu

      seriously?.. napaghahalataan kung hanggang saan lang ang alam mo.. anyways ang lakas mo makasalita bobo but in reality… you should say that to the Human Resources not the ATTY.. HR ang nag terminate sa Mr. Cruz then nag file siya ng labor case against VXI.. tama naman talaga ung case kasi walang probable cause ang termination dahil hindi naman habitual ung ginawa niya, nilagay siya sa training hindi naka kuha ng 95% terminated na agad “REGULAR EMPLOYEE” po siya tenured na, magiging valid lang ang termination kung under probation siya kaso hindi naman.. so ngayon ung Atty ng VXI mag ddefend sa case na kung saan talo na talaga sila.. Mr. Birdseye no offense mag basa basa ka muna hindi ung comment ka lang ng comment… nakakahiya ka eh..

  • Regina

    So.. Why is the employee sleeping on the job again? Lol

  • Xtina

    It’s ridiculous for a LAWYER to get herself into an argument with people commenting on this post. #SHALLOW

  • mae

    binabayaran ang hustisya ngaun sa pinas. di aq mniniwla na fair ang ngyareng desisyon, kung lawyer ang nagsslita di ka na dpat pumatol sa comments dto isang rebut lng tpos na. tsk tsk

  • PINAMAY

    back reading on the comments, daghana pinamay aning websita oi hahaha

  • boyabnoy

    After the decision of NLRC, i’m pretty sure there was an appeal, NRLC is pro labor same with DOLE.

  • Pingback: Most popular BPO True Stories articles of 2014 - BPO True Stories()

  • NLRC

    This happens all the time in call centers. Their HR policy indicates that not passing a performance improvement plan will end your employment. However, based on this article, not passing a performance improvement and evaluation program does not constitute gross and habitual neglect of duties as to warrant a valid dismissal from employment.

    Therefore, regular employees who had been dismissed because of this, can file a complaint to NLRC. The reason for this is because it is a violation of the law about security of tenure under Art. 285.

    • Wendell

      If the agent was given a chance to explain (or due process) why he failed the performance improvement plan,will he still win this case?

      • itanong

        yes because they are in favor of him.. but take it from the other side. he was caught sleeping. surely its not only once. of course hr would have talked to him before he was put in a reevaluation program that if he failed eh would be dismissed. would you want to keep an employee who fails your standard?

  • boybi

    were missing the point here. the reason of job termination as ” gross neglect” is mali bilang merit ng termination kaya cguro natalo ang company, technicalities dun sila sablay

  • Cris David

    From what I understand of our Labor Laws, failing a performance improvement plan does not necessarily constitutethe LEGAL DEFINITON of gross neglect. In law, simple neglect, honest mistakes are not considered as gross neglect.

  • kinharu

    in my opinion as an HR after reading this article, the HR of VXI is actually the one to be blamed here.. that person should be aware with regards to our labor law, why would you terminate a regular employee just like that? termination due to low score?.. lols if he had a consecutive low scores with poor performance along with a black and white copy only then you could terminate this guy, other than that if the basis was due to sleeping like what the article says if it is habitual then you could terminate the employee but since it isnt there’s no probable cause regarding the incident. goodluck to the HR of VXI as you should learn from mistakes and dont just terminate people you are not a god..

  • Radny

    It seems that a great majority of the readers here failed to catch an important detail of the case. The employee was considered illegally dismissed because he was not given due process after he was found to have not met perfirmance standards. He was terminated solely on the merits of not meeting the conditions stated on the QAPA. It is basic practice that an employee is accorded due process for any infraction that may be committed, else it will be considered a unilateral decsion made by the employer, tantamount to dismissal without just cause and without due process.

    Note the statement in the decision: “the complainant was dismissed from employment without the company formally charging him of gross and habitual neglect of duties and requiring him to explain and justify why he should not be dismissed for committing the charge. His right to procedural due process was, therefore, violated.”

    • Heath

      The right to security of tenure is one of the cardinal rights not only recognized, but in fact guaranteed, by the Philippine Constitution and the Labor Code to all workers. Ideally, the security of tenure means that the worker has the right to continue working with the employer from the date he is employed or appointed up to the date he resigns, retires or dies. However, the right to security of tenure yields to the reality that his employment may be cut short by the closure, manpower downsizing or operational modernization of the employer’s business or by his dismissal for a just cause/s or by his dismissal of a disease. It may also be cut short when his probationary ends and he is not appointed as a regular employee, or when his fixed-term, project contract, seasonal or casual employment ends.

      • Rogue

        Hi, may question lang po ako regading sa isang company na pinasukan ko. Ilan lang kasi yung nakuha kong back pay. 1 year mahigit ako sa company pero 5k lang ang back pay ko… Ang reason nila nabigay nabigay na daw kasi ang 13th month pay ko. Pero, pano ang separation fee? wala na yun? pahelp po… nahire po ako september 21,2015-Dec 19,2016…

    • Pops

      Agree. Security of tenure does not merit an absolute protection, because that type of interpretation may lead to mediocrity of performance. The person was illegally dismissed due to lack of due process and that’s it. Had the employer went through the standard process given the facts mentioned – non performance in any world or universe should always equate to discontinuance. No person in their right mind would continue to do business or employ someone who continue to not meet organizational standards.

      • lex omniae

        you have to understand that labor code was framed to protect and lean on the labor sector for its favor.. by virtue of which burden of proof is on the employer at all times. among all the kind of employees labor code protects topmost are regular ones. that’s why employers have to be very careful on designing company policy that converts ones to be regular coz once that happens it gets alongside more with vehement responsibility in the context of employer-employee relationship. the law may have an unfair undertoning but that’s the law. pls refer to art. 282 of the labor code on the emphasis of just cause more specifically on gross and habitual.. pls research jurisprudence on how the law delineate “gross” which is dissimilar to negligence.

    • jim

      finally! someone explained it correctly! thanks radny.

    • lex omniae

      even if there was a clear and express charge of gross and habitual… complaint pip is and cannot be congruent to gross and habitual act. the law and jurisprudence are quite strict on matters of defining what gross means. it should be within the bounds of the act where even if the act is claimed to be not deliberate because the circumstances involved more so coz of its habitual nature such act is construed to be intentional. in the eyes of the law gross negligence is tantamount to intentional act.. in pip it is hard to prove that performance failure is intentional, considering the fact that in a labor case burden of proof is on the employer… you’d know this if you study law..

    • lex omniae

      in a labor case 2 aspects have to be taken in account as measure by which labor arbiter or the court for that matter will stringently examine whether both are thoroughly followed: 1. substantive law ( labor code laws ) and 2. procedural ( due process compliance in the labor code ) … so long as one of which is transgressed automatically decision will be on the worker’s side. here both substantive and procedure went still wanting. below is my explanation why it comes short on the substantive part. this is strictly on regular employees only as other types of employees may not be dismissed out of just cause.

    • lex omniae

      kindly diligently reread the case on the explication segment as this instant case does accentuate not only the procedural infirmity but also violation on just cause principle: ” There existed, therefore, no just cause to dismiss Mr. Cruz from employment, much less a gross and habitual neglect of his duties.” …. foregoing shows not only procedure but also the substantive part of the law was compromised.

  • http://www.sigliwa2.tk/ Noel Sales Barcelona

    It seems that the lawyer of the accused appealed and had had the decision reversed. Hmn… Where’s the aforementioned decision?

  • Cris David

    This case should have been brought up to the Court of Appeals and subsequently to the Supreme Court if necessary where in the complainant would most probably have won.

  • eunice chico

    Good read, i am on PIP as well and failed just the 2nd month but is on the 3rd month right now. As per my manager i will be served with a final written notice without NTE or Hearings.
    I am decided that if this so happens i will take this to the court.
    Thanks this helps me a lot!

    • Oliver Allan Lee

      Hi Eunice,

      I was dismissed from a previous company back in 2010. I also went through a similar performance review. I went ahead and filed an NLRC complaint which I eventually won. The case was eventually escalated to the Court of Appeals which I also again won. The case is currently escalated to the Supreme Court and is still ongoing after 6 yrs.

      I have received payments due me after about a little over 2 yrs when I initially filed the complaint to NLRC.

      If ever you end up getting dismissed and filing a complaint I can refer you to my Laywer. He handles labor cases primarily and is very helpful when it comes to consultations. You can contact me via e-mail if you need a referral, [email protected]

      • GhostRider

        Oliver, weren’t you dismissed again the last employer you were with?

  • vinz2219

    Another factor that the article might not have included is whether the agent got any assistance from the company (in form of coaching or additional training) during the time that he was enrolled to Performance Improvement. The company and its management must always exhaust every possible mean to help an employee overcome the challenges related to his/her job. Failure in this area will definitely be counted against the company.

  • itanong

    he should be terminated………….if he didnt meet the standard set. after being neglectful……

    • keyboarwarriorlangpfowhz

      He got neglectful once, that is not “habitual”.

    • Omgstfu!

      Did you even read the entire story?

    • dreaths

      read back po, samahan mo na rin ng kunting research about labor code.

  • bulteen

    There should be a filing fee on labor cases and when even they sign a complaint it should be under oath and that the employee accepts that’s any lie is perjury, many employees just files nuisance cases and hope for the best even thought they have got paid their legal separation pay and many brokers whom has contacts to get decisions in their favors, this is one of the areas where foreign investors looks at and that shies them away from the RP

  • Jugular

    thats an example why BPO work sucks you really don’t get to use what you studied in PH all goes down the waste basket. Heck even an agent with a loud mouth, good looks and a degree that is TOTALLY not related to the job can climb up the ranks like they own the place….they just have to kiss the ass of the boss. That is why graduates who yearn to apply what they learned at school don’t stay in PH haha

  • Cris David

    I know someone personally who won a case against IBM for illegal termination using failed PIP as reason. IBM eventually settled and paid around 1.4M gross, 1.1M net of withholding taxes to the employee.

    • http://www.bpotruestories.com/ Skye

      If you like to share his story feel free to email us the details at [email protected] or hit us up in our facebook account. Or maybe your friend can do it himself to help educate bpo workers of their rights.

  • cmx

    my pip goal was ytd,like ako lang, mainit kase dugo saken ng om, instead of mtd, that’s y umabot s pip 3,of course u can’t pass ur ytd scorecard sa isang buwan, and then i was terminated, i was assured they will look into mtd pero hndi ganon ngyari, the notice of decision was given to me on my last without me knowing it, ganda pa ng pasok ko, with my headset balabal and mug, then sbi saken, wg ka muna mag login, akyat tyo s hr, the nxt thing i know, wla na ko work, hndi na ko puede pumasok sa ofc premises, forced to surrender my id, muntik na ko magpaagasa sa edsa noon.. what did I fail? attendance, kase meron ako seasonal na hika, malabo mata ko so regular na suki din ako ng conjunctivitis, and sadyang hndi nila hinohonor ang medcert, kahit nga naospital ka basta unscheduled absent, taken against ur attendance, e 5% lng ang pass so i never passed attendance but I’m proud to say that in 4 yrs I never failed in quality, policies and procedures, compliance and was consistent na mababa ang aht, bibigyan pa nga ko award last yr, most efficient dw, kaso dhl hndi ako kiss ass, hndi ako namamansin ng managers, kaya ayun tsugi bells, take note magpapasko un, ganon sila karuthless, sana sinabi nila para naisave ko ang 13th month ko kaso ganon tlga sila magtrato ng tao… #PbcomToCitiplaza, un babaeng walang matris, balakang at walang utak..

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