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 for both rights
Thus, resulting in more peaceful work relationship.
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 just cause or when authorized by the Labor Code.
(See Discussion in the book How to Design and Formulate Company Code of Discipline, page 9)
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