Disciplinary Action on EmployeesAtty Elvin
Under the Philippine law, imposition of disciplinary action has to observe rules to avoid the impression that an employee is just being harassed, constructively dismissed, and worse illegally dismissed.
The foundation limiting the exercise of management prerogative is observance of due process for the employee being charged. Due process such as apprising the employee of the cause of accusation through a written notice and/or face-t0-face conference/hearing.
Depending on the company’s Code of Conduct, the offense committed may be dismissible or not. If the offense is punishable by dismissal, there must be compliance with both substantive due process and procedural due process.
Substantive due process pertains to the cause, ground, or reason for the charge. The umbrella statutory provision is Article 297 [formerly 282] of the based on the re-numbered version.
Labor Code of the Philippines 2018 (re-numbered) by Atty. Villanueva is now available online and in all branches of National Bookstore and Fullybooked
Proceedings for minor offenses may not require stringent procedural standards but it is always better for employer to err on the side of overdoing the procedural due process having in mind the ample opportunity needed to establish the case.
Below is the flow chart for disciplinary process which may serve as guide by employers/companies in the imposition of discipline:
The notices should conform to the established standards by law and jurisprudence. Companies can make things easy composing the disciplinary notices by using the book Human Resource Forms, Notices & Contracts, Volume 2 by Atty. Villanueva.