Labor Law Archives - Page 63 of 71

01 Jun

Probationary Work that is Self-Descriptive does not Require that a Policy or Standard to be met should be Spelled Out

Probationary employees need to be informed of the reasonable standards to become regular employees. Otherwise, they may be deemed regular from day one. There is an exception to this rule with regard to probationary engagement involving positions that are self-descriptive. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 48): An employer is deemed to have made known the standards that would qualify a probationary employee to be a regular employee when it has exerted [...]

By Atty Elvin Labor Law probationary, self-descriptive positions 25 Comments Read more...

31 May

Regularization Guidelines Issued by DOLE

Regularization of Employees has new guidelines from the Department of Labor and Employment (DOLE). Get a re-numbered copy of Labor Code (2017 Edition) LABOR ADVISORY NO. 06 Series of 2017 GUIDELINES IN THE CONDUCT OF VOLUNTARY REGULARIZATION OF EMPLOYEES In the interest of labor justice and to encourage voluntary regularization of employees and to ensure the rights of employees to labor standards benefits, self-organization and security of tenure, the following guidelines shall be observed: Receipt of Letter of Voluntary Commitment Within five (5) days from [...]

By Atty Elvin Labor Law Labor Advisory, regularization 20 Comments Read more...

30 May

Probationary Employees Enjoy Security of Tenure and the Right to Terminate is Subject to Limitations

Probationary employment should be accorded with due process prior to termination as it is accorded limited security of tenure. The post below is based on the book Guide to Valid Dismissal of Employees (page 47) There are three limitations in termination of probationary employee. If these are not observed the probationary employee may be deemed regular from day one. In one case, the Court held that the power of the employer to terminate a probationary employee is subject to three limitations, namely: (citing [...]

By Atty Elvin Labor Law probationary employment 23 Comments Read more...

28 May

Procedural Due Process Violations of Probationary Employment Result in Payment of Nominal Damages

Procedural Due Process in Probationary Employment should also be observed if the employee is terminated due to failure to qualify. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 45-47). While it is now settled that failure of the employer to accord procedural due process in the dismissal of employees for just cause makes him liable for indemnity in the form of nominal damages, the rule is not so settled when it comes to probationary [...]

By Atty Elvin Labor Law probationary employment, procedural due process 18 Comments Read more...

27 May

Due Process Required in Employee Dismissal

The post below is based on the book Guide to Valid Dismissal of Employees (pp. 38-41) Due process under the Labor Code involves two aspects. These are the substantive and the procedural. Substantive due process refers to the ground for dismissal. It is the justification, the reason or the “why” aspect. For example, under Article 282, an employee may be dismissed for theft, fraud or gross and habitual neglect of duty. While in Article 283, an employee may be terminated due [...]

By Atty Elvin Labor Law Due Process in Employee Discipline 18 Comments Read more...

27 May

Valid Dismissal – Right to be Heard

The post below is based on the book Guide to Valid Dismissal of Employees (pp. 36-38) An HR practitioner must understand the basic principles of due process, security of tenure and management prerogative in the discharge of functions involving dismissal of employees or discipline. Dismissal is an act that must be taken with extra caution since employer-employee relationship presents two rights that must be placed in perfect equipoise otherwise the legal consequence would be costly. Complete appreciation of doctrines, legal basis [...]

By Atty Elvin Labor Law due process 24 Comments Read more...

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, [...]

By Atty Elvin Labor Law valid dismissal 21 Comments Read more...

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 [...]

By Atty Elvin Labor Law Authorized Cause 12 Comments Read more...

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] [...]

By Atty Elvin Labor Law company policy, Company Rules and Regulations, Just Cause 17 Comments Read more...

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 [...]

By Atty Elvin Labor Law valid dismissal 20 Comments Read more...