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31 Jul

Sample Notice to Explain – Punching a Superior

Sample Notice to Explain an offense for punching a superior is a required procedure for employee dismissal charged with serious misconduct. The sample NTE below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 41-42) by Atty. Villanueva. Form No. 19 Notice to Explain (First Notice) – Punching supervisor To : Name of Employee From : Human Resources Manager Subject : Punching supervisor Date : (Date of issuance of Notice) The incident which occurred in the premises of [...]

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31 Jul

Sample Notice of Decision – Fighting Inside Company Premises

Sample Notice of Decision for the charge of fighting inside company premises provides general guide on how disciplinary action should be dispensed on erring employees. The post below is based on Atty. Villanueva’s book Human Resource Forms, Notices & Contracts Volume 2 (pp. 40-41). To fully appreciate the value of this form, reader should go back to two previous posts involving this offense to understand the full extent of procedural due process in employee dismissal. Form No. 18 Decision to Dismiss (Final Notice) [...]

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28 Jul

Sample Notice of Hearing or Conference: Fighting Inside Office Premises

Sample Notice of Hearing or Conference for fighting inside the office premises is provided herein to guide practitioners on the procedural due process of employee dismissal. The post below is a continuation of the yesterday’s post on Notice to Explain. This is based on the book of Atty. Villanueva entitled Human Resource Forms, Notices & Contracts Volume 2 (pp. 39-40). There are cases where an employee is placed on preventive suspension where his act poses serious and imminent threat on the life [...]

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28 Jul

Sample Notice to Explain: Fighting Inside the Company is a Serious Misconduct

Sample Notice To Explain: fighting inside company premises. Fighting is a serious misconduct and is ground for dismissal except where the employee involved is just defending himself. Hence, the circumstances of the case will determine the proper penalty to be imposed. Serious misconduct is a dismissible offense under Article 282 [now Article 297] of the Labor Code, as amended. Below is a sample Notice to Explain (NTE) for this offense based on the book Human Resource Forms, Notices & Contracts Vol. 2. Initiating [...]

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26 Jul

D.O. 174 Does not Apply to Other Contractual Relationship

D.O. 174 of the Department of Labor and Employment is the Implementing Rules and Regulations of Articles 106 to 109 of the Labor Code, as amended. It applies to cases where there is contracting or sub-contracting in a trilateral relationship where there is employer-employee tie between the contractor and workers deployed to principal. Get an updated, re-numbered copy of the Labor Code 2017 It does not contemplate to cover information technology-enabled services involving an entire or specific business process. D.O. No. 174, Series [...]

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25 Jul

Order to be Obeyed in Willful Disobedience must be Known to Employee

Order subject of the charge for willful disobedience must not only be reasonable but also made known to the employee. Otherwise, dismissal will not comply with substantive due process. One cannot follow an order that he does not know of. Hence, the basic task of employer is to make known such order to his employee. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 139-141). The order or mandate of an employer may [...]

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23 Jul

Drug Testing Requirement of Employer Does not Violate Right to Privacy

Drug testing is one of the activities being implemented by the company to prevent future problems with the behavior of workers brought about by the use of illegal drugs. Does it violate the constitutional right to privacy of an individual subjected to the drug-testing process? The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. In the case of Social Justice Society vs. Dangerous Drugs Board, the Supreme Court said: “Taking into account the foregoing factors, i.e., the [...]

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23 Jul

Reasonable Order: Meaning of Reasonable in Reasonable Order

Reasonable order is required for an employee’s refusal to follow the directive to constitute willful disobedience. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. What is reasonable depends on the circumstances. The reasonableness and lawfulness of a rule, order or instruction depend on the circumstances availing in each case. Reasonableness pertains to the kind or character of directives and commands and to the manner in which they are made. However, when the law requires that [...]

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21 Jul

D.O. 174 Non-Applicability to certain Business Arrangement and Industry

D.O. 174, Series of 2017, applies only to trilateral relationship which characterizes contracting or subcontracting arrangement. There are cases where the D.O. 174 has no application. Thus, the DOLE issued Department Circular No. 01, Series of 2017 clarifying its applicability, to wit: DEPARTMENT CIRCULAR NO. 01 Series of 2017 Clarifying the Applicability of Department Order No. 174, Series of 2017 Purpose This Circular issued to clarify the applicability/non-applicability of Department Order No. 174, series of 2017, or the new Rules Implementing Articles 106 to 109 of [...]

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21 Jul

Willful disobedience as Ground for Disciplinary Action

Willful disobedience or insubordination can be ground for disciplinary action which the employer can penalize with dismissal. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. Another ground for dismissal under Article 282 is insubordination or willful disobedience of lawful orders of the employer or his representatives. A common situation involving this ground is when a superior gives an order to a subordinate but the latter refuses to comply. However, for insubordination to arise, the order [...]

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