Tag - analogous cause

Gross Inefficiency is Akin to Gross and Habitual Neglect of Duty

Gross inefficiency is analogous to gross and habitual neglect of duty59 under Article 297 (e) in relation to Article 297 (b) of the Labor Code, as amended, for both involve specific acts of omission on the part of the employee resulting in damage to the employer or to his business, and constituting, therefore, just cause to dismiss an employee. Gross inefficiency and unsatisfactory rating can be a just cause for dismissal only if it amounts to gross and habitual neglect [...]

Sample Notice to Explain for Stealing Co-Employee’s Cellular Phone

Sample notice to explain is shared in this post to help practitioners on how to craft the procedural requirement for employee discipline/dismissal. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva. Form No. 136 Notice to Explain (First Notice) – Stealing co-employee’s cellular phone To : FON STILLER Clerk From : HR Date : _____________________ Subject : Notice to Explain HR received a complaint from Ms. Moby L. Ladik that on [...]

Sample Notice of Hearing for Stealing Co-Employee’s Cellular Phone

Sample notice of hearing is provided here to guide HR practitioners on important concepts to remember when implementing procedural due process in employee dismissal. Take note that the offense committed in this sample notice is not against the company. The victim of theft of cellular phone is the employee. Hence, it falls under the analogous cause of Article 297 [formerly Article 282] of the Labor Code, as amended. The post below is based on the book Human Resource Forms, Notices and [...]

Sample Notice to Explain for Stealing Co-Employee’s Cellular Phone as Analogous Cause

Sample Notice to Explain is provided to guide HR practitioners of the approach in enforcing discipline for offense committed falling under analogous cause. Earlier, we posted about the analogous causes under Article 297 [formerly Article 282] of the Labor Code, as amended stating that under the DOLE issuance they should be indicated in the company’s Code of Discipline to validly invoke the same as ground for dismissal. Below is the sample notice to illustrate this concept. This is based on the [...]

Analogous Cause for Employee Dismissal Should be Indicated in the Code of Conduct

Analogous cause for dismissal is now required by the DOLE to be indicated the company’s code of conduct. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (pp. 264-266). Learn How to Craft and Formulate Legally-Defensible Company Code of Discipline from the book How to Design and Formulate Company Code of Discipline by Atty. Villanueva Other causes must be analogous to any of the following: 1. Serious misconduct or willful disobedience by the [...]

Porn Uploaded to the Internet Using Company Computer – Notice of Dismissal

Porn distributed, shared or uploaded in social media or the Internet using the company computer may subject employee to disciplinary action. For purposes of dismissal, employers should include this offense in the Code of Conduct pursuant to DOLE IRR implementing Article 297 of the Labor Code particularly the analogous cause. Learn how to incorporate disciplinary policies in your Code of Discipline from a book How To Design and Formulate Company Code of Discipline The sample template below is based on the book Human [...]

DOLE Requires Companies to Include in their Code of Conduct/CRR the Analogous Causes for Termination

The Labor Code enumerates the ground for dismissal of employees under Article 297 [formerly Article 282]. The enumeration is general in nature which means it does not identify the particular acts that will be just cause for employee’s dismissal. In such general enumeration, the law provides other grounds similar to each in the list referred to as “analogous cause.” What is analogous to those enumerated is often a contested issue. Analogous causes must have an element similar to those found in [...]

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