Simplified Query: What can I do if I was asked to clear out after a few days of work because I was deemed unapproachable?

In the Philippines, employees have the right to fair treatment and due process in the workplace. Being asked to clear out shortly after starting a job due to being labeled "unapproachable" raises potential concerns about wrongful dismissal or unjust treatment.

Employee Rights and Due Process

Under Philippine labor laws, an employee who has been dismissed has the right to due process, which involves both substantive and procedural aspects. Substantively, there should be a valid reason for dismissal, such as serious misconduct or gross neglect of duties. Procedurally, the employer should follow a proper process, which includes issuing a notice to explain, holding a hearing, and issuing a notice of decision.

Unjust Treatment

Being labeled "unapproachable" may not constitute a valid reason for dismissal unless it affects work performance or violates company policies. If an employee is dismissed for such reasons without due process, they may have grounds for a complaint of illegal dismissal.

Filing a Complaint

Employees who believe they have been wrongfully dismissed can file a complaint with the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC). They should provide evidence of their employment, the circumstances of their dismissal, and any communication with their employer.

Probationary Employment

If the employee was on probation, they still have rights to fair evaluation. Employers must clearly communicate job expectations and provide reasonable time for improvement before terminating employment during the probationary period.

Conclusion

Employees in the Philippines are entitled to fair treatment and due process in the workplace. Being dismissed for being "unapproachable" without proper process can be considered wrongful dismissal. Employees facing such issues should seek legal advice and consider filing a complaint with DOLE or NLRC.