Tag - proportionality rule

PROPORTIONALITY RULE IN EMPLOYEE DISCIPLINE

The penalty contained in the Code of Discipline should follow the rule of reasonable proportionality which dictates that the penalty that should be imposed should be directly proportional to the gravity of the offense committed, fully taking into account the attendant environmental circumstances in each case. In Caltex Refinery Employees Association vs. NLRC and in the subsequent case of Gutierrez vs. Singer Sewing Machine Company, it was held that even when there exist some rules agreed upon between the employer [...]

by Atty Elvin B Villanueva

CHARACTERISTICS OF A CODE OF DISCIPLINE (Second of Two Parts)

In continuation, other characteristics of a Code of Discipline are: It is lawful and is not contrary to any law, moral, good custom, public order or public policy. It is reasonable. It will not cause undue prejudice. It will not cause great inconvenience to employees. It is made known to employees. It has been communicated to employees, either through a document, online or intranet, or any other forms of transmitting the document. In this case, the employer may utilize written undertaking that [...]

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