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Labor Law

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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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 [...]

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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 [...]

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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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16 May

Reinstatement as one of the Hazards of Employee Dismissal

This post is a continuation of the topic Hazards of Terminating Employees discussed in the book Guide to Valid Dismissal of Employees (pp.8-9) Man Being Fired from Office Job Reinstatement comes in two forms as follows: 1.) Reinstatement pending appeal; and 2.) Reinstatement after final judgment. Reinstatement pending appeal is an order upon an employer to admit the employee back to work while the appeal is pending. To illustrate, consider the following factual scenario: Employee X files a complaint for illegal dismissal heard by [...]

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14 May

Hazards of Terminating an Employee Part 2

This is a continuation of the post on Hazards of Terminating an employee. The post is based on the book Guide to Valid Dismissal of Employees (pp. 6-7) As mentioned, it is easy for complainants to file the case against the employer which makes it more challenging for the latter. All the complainant has to do is to go to the nearest office of the Department of Labor and Employment and fill out a Request for Assistance under the Single Entry [...]

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14 May

Hazards of Terminating an Employee

As a general rule, the employer has the right to dismiss the services of an erring employee. In legal parlance, it is called management prerogative. But this right has limitations. It must not be exercised in bad faith and with abuse of discretion. The exercise of management prerogative is subject to the limitations imposed by law or by the Collective Bargaining Agreement (CBA), employment contract, employer policy or practice and general principles of fair play and justice. Thus, pursuant to limitations, there [...]

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04 May

Can Employees File a Labor Case with the Barangay Captain?

For ordinary employees living on daily wages, filing of labor case against the company can impact of their budget as they need to pay for transportation and all other incidental expenses in going to DOLE/NLRC offices. Can they instead file a case with the Barangay as it is near the place where they work? Can the Barangay Captain compel the employer to participate in the proceeding? Under Section 408 of the Local Government Code, the Lupon shall have authority to bring together the parties [...]

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