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Author - Atty Elvin

25 May

Understanding the Process of Dismissal

The post is based on the book Guide to Valid Dismissal of Employees (pp. 27-29) The employer, prior to dismissal must analyze the situation and circumstances involved. He must consider the offense committed and the appropriate penalty to be imposed. If dismissal is not the proper response, then the employer may resort to coaching, training or mentoring, as the case may be. Dismissal is the ultimate penalty that can be imposed on an employee. Where a penalty less punitive may suffice, [...]

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25 May

Termination for Authorized Cause

The post below is based on the book Guide to Valid Dismissal of Employees (pp. 25-27). Just cause pertains to a situation where the employee is at fault. It does not mean however, that termination can only be undertaken when there is commission of an offense by the employee. The employer may exercise his prerogative to terminate as well when the business situation requires. For example, if there is excess in position he may implement redundancy. If there are losses he [...]

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23 May

Just Cause for Employee Dismissal

In the previous post, the guideposts on employee dismissal were discussed. The discussion is based on the book Guide to Valid Dismissal of Employees. Having already shown the guideposts, the first to be discussed is the cause allowed by law in termination. What are the “proper and valid grounds” for dismissal? The Labor Code mentions that this refers to just causes under Article 282 [now Article 297 in a re-numbered Labor Code] and authorized causes under Article 283 [now Article 298] [...]

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22 May

Guideposts on Valid Dismissal of Employees

The post below is based on the book Guide to Valid Dismissal of Employees (pp. 21-23). The decision to dismiss an employee might arise from the fact that he stole a company property, falsified important documents, refused to obey lawful orders he is aware of or sexually harassed another employee. Whatever may be the reason, the company comes to a point that it has to say goodbye to the offending employee. But how should the employer do it the legal way? Jurisprudence on [...]

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21 May

Employee’s rights vs. Employer’s Prerogative Part 2

In the previous post, the rights of employees were discussed as provided in Article 279 [now Article 294 as renumbered per R.A. 10151 and DA 01, Series of 2015] of the Labor Code, as amended. Basically, these rights include not to be dismissed without cause, due process, etc. Get a re-numbered copy of Labor Code Also, the right to benefits, compensation, and other emoluments provided by law. Of course, these rights are not absolute. On the other side there are rights of [...]

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21 May

Rights of the Employee vs. Rights of the Employer

The post below is based on the book Guide to Valid Dismissal of Employees (page 12) Rights of the employer and the employee: Is it a zero-sum situation? Dismissal is valid when the employer has the just cause or authorized cause for termination. Dismissal may be valid if the employee dismissed committed, for instance theft, falsification, insubordination, etc. Likewise, termination may be effected because the employee’s position is redundant or the company has losses and it needs to retrench employees. It is duly [...]

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20 May

Can Resignation be Rejected for not Observing 30-day Notice?

Resignation from work is probably one of the most stressful incidents for both employer and employee. On the part of the employee, the process of leading to the decision to resign is difficult. The circumstances surrounding the decision can be enormous and they can be emotionally charged. On the part of the employer, the thought of having to train a replacement, making a step back, and losing momentum is haunting. So resignation, to a certain extent, stops the company train on its track, so [...]

By Labor Law 18 Comments Read more...
18 May

Payment of Damages as Hazard in Employee Termination

In previous post, the consequences of termination of employment were discussed. There are many other adverse scenarios that can result out of employee dismissal that the employer should understand and prepare for. Learn the legally defensible way to craft Disciplinary Notices The reason employee dismissal should be handled with extra care is the possibility of wreaking financial havoc on the company and setting a bad precedent among employees. One of the hazards of employee termination is the payment of various forms of [...]

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17 May

DO ALL FORMS OF TERMINATION REQUIRE GRANT OF SEPARATION PAY?

An employer-employee relationship, just like most romantic relationships, has to end. At least employees in certain instances get money called separation pay. I still have to hear separating couples give separation pay to the other for calling it quits in their love affair. It is better to understand the cases where separation pay applies. Because not all forms of termination of relationship give rise to payment of this nature. There are two major ways to end the employment relationship. One, the employee [...]

By Labor Law 22 Comments Read more...
16 May

Reinstatement as Hazard in Employee Dismissal (Final Part)

The post below is based on the book Guide to Valid Dismissal of Employees (pp. 9-10). Next post, probably tomorrow, will be on damages such as moral, exemplary, that are usually awarded in a labor case won by the complainant. As held by the Supreme Court in one case, a final judgment is one that finally disposes of a case, leaving nothing to be done by the court in respect thereto, e.g., an adjudication on the merits which, on the [...]

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