Semiconductor firm faces raps-A A +A
Saturday, March 9, 2013
TEXAS Instruments Philippines Inc. (Tipi) faces cases before the Department of Labor and Employment (Dole) and the National Labor Relations Commission (NLRC) after one of its workers hurled complaints against the company for constructive dismissal and violation of due process.
Complaints hurled by Jabeh Areola are now set to be heard at the NLRC on March 14 in a first of a series of hearings.
Areola, who worked for Tipi for 12 years, was asked to return to the company last year as process engineer, leaving his job in Malaysia in a bid to give back to the company his expertise.
However, changes in work assignments, as well as internal differences and a supposed breach in contract prompted him to file the case.
Events in the workplace allegedly were done to eventually force Areola to resign, thereby strengthening the case of constructive dismissal.
In the first weeks of February, Areola met with George de Leon, representative of Tipi, at the NLRC to attempt to settle the case, asking for payment of 30 months of salary representing the unexpired portion of his three-year contract, clearance of his name and disciplinary action against the persons inside the company. These are aside from claims for damages.
However, Tipi presented a counter offer of company clearances with certificate of employment; graceful exit through resignation; proportionate amount of signing bonuses and an executive check-up shouldered by the company.
These were rejected by Areola resulting to the March 14 hearing at the NLRC anew.
Areola, represented by Benedicto Carantes, wrote Tipi president, Norberto Viera, on January 18 stating his claims.
Areola started working for Tipi April 2012 as a process engineer but noted lapses in the original contract he agreed to.
However, when Areola went to Human Resources on January 7, 2013 to get a copy of the original contract bearing his signature, he was presented with a reproduction of the document and ante-dated April 2, 2013. His signature does not appear therein the reproduced copy.
Areola’s job description was different from the original contract that he signed which stated to wit: “TI (Philippines) Inc. is pleased to engage your services as QRA IT MANAGER effective April 2, 2012” but the original contract Areola signed last April 2, 2012 stated “Process Engineering Manager from April 2, 2012 to July 7, 2012.”
The designation of Areola was Quality Reliability and Assurance (QRA) engineering manager directly reporting to the Assembly Operations director Roy Rico.
On December 19, 2012, Areola initiated a discussion with Human Resources Director Des Sanil regarding job fit and management style and was advised to talk to Rico.
During the talk, Areola told Rico that his experiences and the purpose of his coming back to TIPI was not being maximized due to the different management style of Rico, opining differences in management style might be because of their different work backgrounds and experiences.
Rico then recommended Areola to handle the Ramp to Production team, reporting to Emory Mercado, current manager of the group.
Areola said the move was a form of demotion as Mercado’s rank is lower than his, making it unethical. He feared it will affect his credibility among workers, production output and employee rapport.
Carantes said, “Due to these series of events that clearly violated his employment contract, Mr. Areola became emotionally stressed and overcome with anxiety. His blood pressure rose to dangerous levels, at the same time suffering severe chest pains and hyperventilation.”
Published in the Sun.Star Baguio newspaper on March 09, 2013.