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06 Jun

Procedural Due Process if not Observed in Employee Dismissal Renders Employers Liable for Nominal Damages (Part I)

Procedural due process is the how in employee dismissal. This is the procedure or the steps that need to be taken to terminate employment. If the employer disregards this process he can be held liable for nominal damages and to a certain extend it can even be deemed as an indicium of bad faith. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 53-54). As opposed to substantive, procedural due process refers to the [...]

By Atty Elvin Labor Law procedural due process 20 Comments Read more...

06 Jun

Substantive Due Process in Employee Dismissal

Substantive due process is one of the aspects of due process required to be observed in employee dismissal. Failure to comply with this requirement will render the dismissal illegal. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 51-53) As discussed, there are two aspects of due process: 1) The procedural due process and 2) the substantive due process. In order to validly dismiss an employee, it is fundamental that the employer observe both substantive and procedural due [...]

By Atty Elvin Labor Law substantive due process 19 Comments Read more...

04 Jun

Reasonable Standards For Regularization cannot be Presumed to have been Known Simply Because the Employee is a Law Graduate

Reasonable standards for regularization must be made known to probationary employee. The fact that an employee is a law graduate does not mean that he knows such standards. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 50-51) In the case of UNIVAC Development, Inc. vs. Soriano (G.R. No. 182072, June 19, 2013), the Supreme Court held that the fact that the probationary employee is a law graduate does not give the employer an [...]

By Atty Elvin Labor Law probationary, Standards for Regularization 14 Comments Read more...

03 Jun

Performance Evaluation Procedure for Regularization Imposed by Employer for Probationary Employees Must be Strictly Observed

Performance evaluation may be required by the company to gauge the probationary employees. This is the basis to determine whether he is fit for regularization. As such, the company/employer may provide the procedure for performance evaluation. This should be followed by the employer otherwise, the probationary employee can be deprived of due process. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 49-50) Employer’s failure to follow its own performance evaluation procedure may result in [...]

By Atty Elvin Labor Law performance evaluation, probationary 16 Comments Read more...

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 29 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 25 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 28 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 25 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 27 Comments Read more...