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22 Feb

EMPLOYER’S MANAGEMENT PREROGATIVE AND THE BASES OF RIGHTS

While the 1987 Constitution and the Labor Code do not have an equivalent provision expressly upholding the rights of employer, several decisions of the Supreme Court recognize employer’s rights as well. These rights are contained in management prerogative. While the State affords the constitutional blanket of rendering protection to labor, it must also protect the right of employers to exercise what are clearly management prerogatives, so long as the exercise is without abuse of discretion. Courts often decline to interfere in [...]

By Atty Elvin Labor Law discipline, dismissal, employer prerogative, loss of trust and confidence, management prerogative, penalties, policies, rules and regulations, supersedeas bond, termination, valid dismissal 40 Comments Read more...

21 Feb

WILLFUL DISOBEDIENCE AS GROUND FOR DISMISSAL

Balais vs. Se’lon by Aimee G.R. No. 196557, June 15, 2016 Facts: Balais narrated that he was Salon de Orient’s senior hairstylist and make-up artist when respondent Amelita Revilla (Revilla) took over the business. Revilla, however, retained his services as senior hairstylist and make-up artist. Under the new management, Salon De Orient became Se’lon by Aimee and respondent Alma Belarmino (Belarmino) was appointed as its salon manager, who was in-charge of paying the employees’ wages, dismissing erring employees, and exercising control [...]

By Atty Elvin Labor Law discipline, dismiss, dismissal, due process, employee discipline, labor case, nlrc, termination, theft, willful disobedience 15 Comments Read more...

21 Feb

SECURITY OF TENURE OF EMPLOYEES (Part 2)

In previous post, the just cause for termination was discussed. Now, we will discuss the authorized cause for termination. This ground is found under Articles 283 and 284 of the Labor Code. Article 283 pertains to termination on account of redundancy, retrenchment, installation of labor-saving devices, and cessation or closure of business. While Article 284 refers to termination on the ground of incurable disease. Hence, unless due to “just cause” or “authorized cause”, no employee shall be dismissed from service. The security [...]

By Atty Elvin Labor Law 17 Comments Read more...

20 Feb

SECURITY OF TENURE OF EMPLOYEES (Part 3)

Under Article 2, Section 9 of the 1987 Constitution, Promotion the State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Congress is tasked to uphold social justice. Section 1, Article 13 of the 1987 Constitution provides that the Congress shall give [...]

By Atty Elvin Labor Law 19 Comments Read more...

17 Feb

SECURITY OF TENURE OF EMPLOYEES

Employees have rights duly recognized by the Constitution and the laws. The employees enjoy security of tenure, rightful benefits, safe working environment, among others. Under the Labor Code, employees enjoy security of tenure. This simply means that employees cannot be dismissed unless for just or authorized cause. An employee cannot simply be terminated because the boss does not like the way he looks. In cases of regular employment, the employer shall not terminate the services of an employee except for a [...]

By Atty Elvin Labor Law 17 Comments Read more...

15 Feb

MANAGEMENT PREROGATIVE VS. SECURITY OF TENURE

In employee discipline the colliding forces involve the rights of the management and the employees. These are usual contenders in a labor dispute. The ideal scenario for a harmonious work environment would be mutual respect for these rights by the parties. The balance is difficult to achieve. Reaching ultimate balance is like arriving at a slippery slope. However, it is always a beautiful aspiration for both labor and management as constant search for the right balance increases the level of respect [...]

By Atty Elvin Labor Law 10 Comments Read more...

15 Feb

CODE OF CONDUCT AS A TOOL IN THE EXERCISE OF MANAGEMENT PREROGATIVE

Code of Conduct pertains to principles, values, standards, or rules of behavior that guide the decisions, procedures and systems of an organization in a way that (a) contributes to the welfare of its key stakeholders, and (b) respects the rights of all constituents affected by its operations. A well-established Code of Conduct/Discipline provides confidence to the exercise of management prerogative to enforce the rules and regulations. The code is well-recognized by the court as basis of disciplinary action taken by [...]

By Atty Elvin Labor Law 15 Comments Read more...

14 Feb

VARIOUS FORMS OF EMPLOYMENT AND THEIR PECULIAR GROUNDS FOR TERMINATION AS WELL AS GROUNDS COMMON TO ALL (Part 2)

A fixed-term employee for two years may be terminated if he defrauds the company even prior to the end of his two-year contract. A seasonal employee may be dis missed prior to the end of the season for willful disobedience or insubordination. A regular employee cannot be dismissed due to completion of project, expiration of term, end of season or failure to qualify because his employment is guaranteed by the security of tenure provision of the Labor Code. He can [...]

By Atty Elvin Labor Law 12 Comments Read more...

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 [...]

By Atty Elvin Labor Law 19 Comments Read more...

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 [...]

By Atty Elvin Labor Law 16 Comments Read more...