dismissal - LVS Rich Publishing

13 Feb

Is it Really Easy to Terminate Managerial Employees?

It has been a common impression that managerial employees are easy to terminate. The cause of this view is the concept of loss of trust and confidence or willful breach of trust under Article 297 of the Labor Code, as amended. While an employer has its own interest to protect, and pursuant thereto, it may terminate a managerial employee for a just cause, such prerogative to dismiss or lay off an employee must be exercised without abuse of discretion. [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, labor, labor law, loss of trust and confidence, managerial employee, terminate 14 Comments Read more...

10 Feb

Burden of Proof in Employee Dismissal

Burden of proof in dismissal cases lies with the employer. This means that if an employee is dismissed from service, the employer has to prove that such dismissal is valid. An employee is entitled to security of tenure. Article 294 of the Labor Code provides, that: “ART. 294. Security of tenure.—In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is [...]

By Atty Elvin Labor Law atty. elvin, burden, burden of proof, dismissal, employee, employer, Employer-employee, employment, Illegal dismissal, Just Cause, labor, Labor Code 17 Comments Read more...

30 Sep

How to Validly Terminate Employee in the Philippines – A Video Course by Atty. Elvin B. Villanueva

Employee dismissal in the Philippines is probably one of the most technical areas of running a business in the country. Many companies lose the labor case because they failed to observe the proper grounds and procedure in employee dismissal. Termination is usually the last resort when it comes to handling problem employee. There could be other primary approaches like coaching, mentoring, caddying, or any other similar methods. However, it is also a fact that there are employees which the [...]

By Atty Elvin Events, Labor Law atty. elvin, dismissal, Just Cause, Labor Code, termination 9 Comments Read more...

29 Aug

Employees can be Validly Terminated for Having Sexual Intercourse Inside Company Premises

Employees who have sexual intercourse inside company premises can be validly terminated. In the case of Imasen Philippine Manufacturing Corporation vs. Alcon and Papa (G.R. No. 194884, October 22, 2014), two employees were caught having sexual intercourse on the factory floor. The employees involved in such case were hired as welders. On October 5, 2002, Ramoncito Alcon and Joann Papa reported for work on the second shift – from 8:00 pm to 5:00 am of the following day. At around 12:40 [...]

By Atty Elvin Labor Law atty. elvin, dismissal, immorality, labor, Labor Code, labor law, management prerogative, Serious Misconduct, sexual intercourse 13 Comments Read more...

29 May

How to Handle an Employee Who Violates Company Rules with Threat to Property

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employers are sometimes faced with the challenge of imposing disciplinary action on employees who commit an offense that poses serious and imminent threat on the property. An example of this scenario is commission of theft of employer’s property. The common understanding is that the employer has to ask for an explanation or issue the Notice to Explain (NTE) to get the side of [...]

By Atty Elvin Uncategorized atty. elvin, dismissal, Just Cause, labor, Labor Code, preventive suspension, termination, theft 12 Comments Read more...

14 Feb

Serious Misconduct Exists When the Employee Creates False Narrative Against the Employer

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing that the employee has become unfit to continue working for the employer; and ( c) it must have been performed with wrongful intent. Thus, the Supreme Court (SC) ruled in the following case of Metro Psychiatry, Inc. vs. Bernie J. Llorente (G.R. No. 245258, February 5, 2020). Llorente was served with a Memorandum by [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, Labor Code, quantum of proof, Serious Misconduct, Substantial evidence, termination 12 Comments Read more...

06 Dec

How To Dismiss Employee Who Committed Theft

How to dismiss employee who betrayed the trust of employer or committed serious misconduct by stealing company property? The following steps should be taken: Establish that indeed theft was committed What was taken? Object (computer, laptop, device, money, etc.) Documents (records, check, official receipts) Files (manual, policies, etc.) When was it taken? Date it was taken Time it was taken Observe the weather (raining, sunny, windy, etc. as these could help in other determinations) 2. Where was it taken? Which room? Warehouse? Which Floor? Which tower? Which building? Desk? Drawer? Cabinet? Grab a copy of the [...]

By Atty Elvin Labor Law dismissal, theft 21 Comments Read more...

29 Nov

Termination of Employment IRR of the Labor Code

Termination of employment provisions under Article 297 [formerly 282] of the Labor Code, as amended provide the grounds for valid dismissal. The DOLE issued the new IRR for this the highlights of which are discussed by Atty. Villanueva in The Labor Code 2018 Edition (pp. 281-285) as follows: The Department of Labor and Employment issued D.O. 147-15, Series of 2015 amending the Rules and Regulations of Book VI of the Labor Code. One of the salient points of D.O. 147-15 is [...]

By Atty Elvin Labor Law dismissal, Labor Code, termination 13 Comments Read more...

19 Oct

Notice of Dismissal – Sample Form for Lewd Acts Committed Inside Company Premises

Notice of Dismissal is an important part of due process for employee dismissal. The sample template below is for lewd acts committed inside the company premises. The post is based on the book Human Resource Forms, Notices & Contracts Volume 2. Form No. 88 Decision to Dismiss (Final Notice) – Performing lewd acts in company premises To : Name of Employee From : HR MANAGER or other responsible officer Subject : Performing lewd acts inside company premises Date : (Date [...]

By Atty Elvin Labor Law, Sample Forms dismissal, lewd acts 8 Comments Read more...

17 Oct

Notice To Explain – Sample Notice for Lewd Acts Inside Company Premises

Notice to Explain involving lewd acts performed by employee inside company premises is shown below. The post is based on the book Human Resource Forms, Notices and Contracts Volume 2. Form No. 87 Notice to Explain (First Notice) – Performing lewd acts inside company premises To : Name of Employee From : Human Resources Manager or other authorized officer Subject : Performing lewd acts inside company premises Date : (Date of issuance of Notice) The following incident has been brought [...]

By Atty Elvin Labor Law, Sample Forms dismissal, lewd acts, Notice to Explain 18 Comments Read more...

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