Labor Law Archives - Page 58 of 71

01 Sep

WILLFUL BREACH OF TRUST AS GROUND FOR DISMISSAL OF MANAGERIAL EMPLOYEE REQUIRES ONLY MERE EXISTENCE OF THE BASIS FOR BELIEVING THAT THE EMPLOYEE HAS BREACHED THE TRUST OF EMPLOYER

Willful breach of trust requires only mere existence of a basis for believing that the employee has breached the trust and confidence of the employer” for managerial employees to be dismissed. Yolando T. Bravo vs. Urios College (Now Father Saturnino Urios University) and/or Fr. John Christian U. Young G.R. No. 198066, June 7, 2017 Facts: Yolando Bravo was employed as a part-time teacher in 1988 by Urios College. In addition to his duties as a part-time teacher, Bravo was designated as the school’s [...]

By Atty Elvin Labor Law backwages, Hearing or Conference, separation pay, Serious Misconduct, willful breach 21 Comments Read more...

28 Aug

Downloading Porn Materials – Notice of Dismissal

Downloading pornographic materials may be penalized with dismissal. In this case, the employer has to observe procedural due process which includes the issuance of Notice to Explain (sample shared in previous post), Notice of Conference, and the Notice of Dismissal. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2. Form No. 61 Decision to Dismiss (Final Notice) – Downloading pornographic materials To : Name of Employee From : HR MANAGER or other responsible officer Subject : Downloading [...]

By Atty Elvin Labor Law, Sample Forms porn 23 Comments Read more...

27 Aug

Downloading Pornographic Content – Sample Notice to Explain

Downloading pornographic content may be subject to disciplinary action. In this example, this act is expressly prohibited and can lead to dismissal of employee. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 96-97). Form No. 56 Notice to Explain (First Notice) – Downloading pornographic video To : Name of Employee From : Human Resources Manager or other authorized officer Subject : Downloading pornographic video Date : (Date of issuance of Notice) The incident which occurred in the [...]

By Atty Elvin Labor Law, Sample Forms porn 27 Comments Read more...

26 Aug

Sample Notice of Dismissal for Accessing Porn Website

Sample Notice of Dismissal for Accessing Porn Website is provided to complete the guide for procedural due process. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2. Form No. 55 Decision to Dismiss (Final Notice) – Accessing Pornographic Website During Office Hours To : JUAN P. ORNITO Clerk From : HR Date : __________________ Subject : DECISION With regard to the charge against you for accessing pornographic sites in the Internet, the management finds, to wit: It arose from the [...]

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24 Aug

Porn Website Accessed in the Office may be Ground for Disciplinary Action

Porn access in the office may be prohibited. In this post a Notice of Conference for accessing porn website is provided for reference in employee dismissal. The post is based on the book Human Resource Forms, Notices and Contracts Volume 2. Form No. 54 Notice of Hearing/Conference – Accessing Pornographic Website During Office Hours To : JUAN P. ORNITO Clerk From : HR Date : __________________ Subject : HEARING/CONFERENCE Regarding the charge against you of accessing prohibited sites in the Internet, [...]

By Atty Elvin Labor Law, Sample Forms porn 16 Comments Read more...

07 Aug

Sample Notice of Conference – Libel Against the Company

Sample Notice of Conference for the offense of libel against the company is a continuation of the procedural due process for dismissal. In an earlier post, Sample Form No. 31 was presented which is the Notice to Explain for this offense. For dismissal of employee to comply with labor requirements, following these steps is very important. In the next post, the final step to dismiss employee will be shared. Below is the sample Notice of Conference which is based on the book Human Resource [...]

By Atty Elvin Labor Law, Sample Forms Libel against the company 19 Comments Read more...

05 Aug

Libel Against a Superior is Serious Misconduct – Sample Notice of Dismissal

Libel is a serious misconduct which if committed against a superior may be ground for dismissal of employee. The post below is the second of the two-notice rule and the final step in twin requirements of notice and hearing to comply with the procedural due process. The sample form is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Elvin. Form No. 28 Decision to Dismiss (Final Notice) – Libel Against Superior To : BELL LI Clerk From : [...]

By Atty Elvin Labor Law, Sample Forms Libel 20 Comments Read more...

03 Aug

Libel Against a Superior is Serious Misconduct – Sample Notice of Conference

Libel against superior Libel is defined as a malicious and public imputation in writing by one of a crime on another. (Art. 355, Revised Penal Code) When made against an immediate superior at work, libel constitutes serious misconduct, which is a valid ground for termination of employment. Previously, we posted the sample Notice to Explain for the offense libel against a superior. Today, the same employee will be served with Notice of Administrative Conference/Hearing. This is another important step in employee [...]

By Atty Elvin Labor Law, Sample Forms Libel 17 Comments Read more...

02 Aug

Libel Against a Superior is a Serious Misconduct and Ground for Dismissal of Employee – Sample Notice to Explain

Libel committed against an officer of the company is a serious misconduct. It can be ground for dismissal of employees. In addition, libel if committed through the social media or any Internet-based platforms may constitute cybercrime. Below is the Sample Notice to Explain for libel against a superior. The post is based on Atty. Villanueva’s book Human Resource Forms, Notices & Contracts Volume 2 (page 52). Form No. 26 Notice to Explain (First Notice) – Libel against superior To : BELL LI [...]

By Atty Elvin Labor Law, Sample Forms Libel 21 Comments Read more...