Infraction Issued - Is It A Fair Sanction As Per The Philippines Law - CiteHR
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Vkokamthankar
Asst. General Manager - Hr
+1 Other

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Hi guys,

I NEED your HELP please!!

I am supervisor and I was given with sanctions for an infraction, i.e., the act of requesting my agent to punch-out my time card, although a violation of company rules, likewise does not constitute serious misconduct. Firstly, it was done by her in good faith considering that I requested her to perform a task outside the office, which was evidently for the benefit of the company, and not for my personal interest. I was alone that time at 25th floor, because one of my agent was on vacation leave for straight week and I had to work overtime to finish all pending payouts and emails. I requested (not ordered) my staff Anna to punch out for me so after finishing my work I didn't need to drop to punch out at the 21st floor, because I also had appointment waiting that time after work. Secondly, it was my first time to commit such infraction during my 3 years and 7 month service in the company. And lastly, the company did not lose anything by reason.

The management gave me a memo for the sanctions and here are the following:

1. Debarring me from availing bonuses and allowances

2 No salary increase

3. No team building

4. No promotion

5. Suspension for one (1) month

I would like to know guys your opinion if this is fair enough. The HR manager gave me 24 hours to sign the memo but I refused. She asked for an explanation or reason why not signing it. I wrote it there that I just need to seek for second opinion from labor if the given consequences are fair enough for my violation or legal in accordance to the (Philippines)labor law.

Thank you so much!

Regards,

Hammered
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Greetings,
I have requested Phikadey to guide you accordingly. Please connect with him .
Phikadey
  • Asking someone else to Punch-In or Punch-Out (proxy punching) is misconduct as per Indian Rules and policies.
  • Employee is not supposed to handover his Punching Card to anybody else. Punching is needed to correctly record In and Out time of employee and concerned employee has do punching himself/herself.
  • Proxy punching if allowed can easily mark absent employee as present, hence it is not allowed and also treated as serious misconduct.
  • Proxy punching is violation of rules and is a misconduct. But I am not sure the punishment meted to you for that is justifiable and equivalent to misconduct. I am also not sure whether, domestic inquiry and any other procedures needs to be followed as per Philippines Law, before punishing.

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