Labor Law Archives - Page 71 of 71

13 Feb

VARIOUS FORMS OF EMPLOYMENT AND THEIR PECULIAR GROUNDS FOR TERMINATION AS WELL AS GROUNDS COMMON TO ALL

While enforcement of discipline may result in dismissal of employee, not all cases of termination of employment proceed from disciplinary issues. As a current practice, companies implement different forms of employment such as regular, probationary, casual, fixed-term, seasonal and project. Each of these forms has its unique basis for termination. For instance, a probationary employee may be dismissed for failure to qualify based on the reasonable standards made known to him by the employer at the time of his engagement. A [...]

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11 Feb

REASONS DISCIPLINARY POLICY IS IMPORTANT

It is behavior that is judged by how well it follows a set of rules or orders. Establishing disciplinary policy in the workplace is important because of the following: The employer has to exercise its management prerogative to make his business successful. It is one of the ways for the company to communicate its expectations, culture, values, mission, vision and goals. Since punishment for misconduct may not totally be avoided, the policy provides a consistent, fair and just system, treatment and handling of [...]

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10 Feb

CONCEPT OF DISCIPLINE AND THE PREROGATIVE TO IMPOSE PENALTY FOR VIOLATIONS

Discipline, according to Merriam-Webster dictionary, means control that is gained by requiring that rules or orders be obeyed and punishing bad behavior. It is a way of behaving that shows a willingness to obey rules or orders. It is behavior that is judged by how well it follows a set of rules or orders. To discipline means that to punish (someone) as a way of making sure that rules or orders are obeyed. Employee discipline is a management prerogative. The Supreme Court [...]

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09 Feb

HOW TO DRAFT THE FINAL NOTICE OF DISMISSAL

Form No. 3, in the book HR Forms, Notices & Contract, is the final step in employee dismissal. This is the second part of the two-notice rule. This is the decision to dismiss, the final notice or the notice of dismissal. After giving the employee the chance to explain the charge in writing, conducting a hearing/conference, evaluation of the evidence and consideration of circumstances surrounding the offense, the employer has to issue his final decision. In this final notice, the employer [...]

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07 Feb

TWIN REQUIREMENTS AND TWIN-NOTICE RULE

When an employee commits serious offense against the company, he may be dismissed from service. There is a lawful cause for dismissal. Serious offense may include gross and habitual neglect of duty, willful disobedience, willful breach of trust or other causes which the Labor Code specifically considers as ground for dismissal. Grounds for dismissal due to the worker’s fault is known as just causes under Article 282 [now Article 297] of the Labor Code, as amended. However, not all dismissals may [...]

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06 Feb

ACTS CONSTITUTING SERIOUS MISCONDUCT PER SUPREME COURT DECISIONS

Conduct of an employee which erodes the morale of his co-employees; (Citibank, N.A. vs. NLRC, G.R. No. 159302, February 6, 2008) The circulation of an e-mail message which resounds subversion and undermines the authority and credibility of the management and employee displayed a tendency to act without management’s approval, and even against management’s will; (Punzal vs. ETSI Technologies, Inc., G.R. Nos. 170384-85, March 9, 2007.) An act of the employee of assailing an employer in a union newspaper since it is [...]

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03 Feb

NOTICE OF HEARING/CONFERENCE SEE SAMPLE FORM NO. 2 OF ATTY. VILLANUEVA’S BOOK

The next form will be the notice of hearing/ conference, inviting the employee to a dialogue or panel discussion of the charge. Some forms in Atty. Villanueva’s book (HR Forms Vol. 2) provide example of notice inviting employee charged to a hearing/conference. Other forms on certain offenses do not have sample notice for hearing/conference since the reader may simply follow the format shown in other sample forms. Atty. Villanueva discusses some steps and practical guidelines in conducting administrative hearing in [...]

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02 Feb

HOW TO CRAFT A VALID NOTICE TO EXPLAIN (NTE) FOR AN EMPLOYEE OFFENSE

Form No. 1 (Found in Atty. Villanueva’s Book HR Forms, Notices & Contracts Vol. 2) is the sample Notice to Explain for Falsification of Office Receipt. Two notices are required for valid dismissal. Another requirement is the opportunity to be heard in a hearing/conference where the employee charged is given a chance to bring along his counsel or support person, if he so desires. Two Notices for Termination Employers must first serve two written notices and conduct a hearing in order [...]

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