termination Archives - Page 4 of 5

13 Mar

Termination Rules for Probationary Employee as to Procedural Due Process

Termination of employment, as held in the case of (UNIVAC Development, Inc. vs. Soriano, G.R. No. 182072, June 19, 2013), is subject to three limitations, namely: it must be exercised in accordance with the specific requirements of the contract; the dissatisfaction on the part of the employer must be real and in good faith, not feigned so as to circumvent the contract or the law; and there must be no unlawful discrimination in the dismissal. Failure to specify the reasonable standards by which [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, labor law, probationary, procedural due process, termination 15 Comments Read more...

02 Mar

Loss of Trust and Confidence: The Nature of Work and not Job Title is Material in Determining the Trust Reposed

Loss of trust and confidence is a ground for dismissal from employment. The Nature of work is an important determining factor in illegal dismissal cases involving loss of trust and confidence or willful breach of trust. In the case of JR Hauling Services vs. Solamo (G.R. No. 214294, September 30, 2020), the employees were charged of selling the broilers and broiler crates without the authority of the owner. In response to the administrative charge, the employees contend that they were drivers/helpers [...]

By Atty Elvin Labor Law atty. elvin, dismissal, job title, Just Cause, labor, Labor Code, loss of trust, nature of work, termination, willful breach 18 Comments Read more...

11 Feb

Negligence: When is it a Valid Ground for Employee Dismissal?

Negligence is one of the common offenses violated by employees. However, do all forms of negligence warrant dismissal from service? No. For negligence to be a proper ground for termination, it must not only be gross but must be both “gross and habitual” in character to justify depriving an employee of his means of livelihood. In short, not all forms of negligence should be penalized with dismissal. A single or an isolated act of negligence which is not “gross and habitual” [...]

By Atty Elvin Labor Law atty. elvin, employee, employee discipline, employee dismissal, employer, Just Cause, labor, Labor Code, labor law, negligence, termination 19 Comments Read more...

08 Oct

Constructive Dismissal Involving Reduced Responsibilities

Usually, constructive dismissal involves demotion in rank or diminution in pay. However, there could be constructive dismissal even though on paper there was no demotion in title or diminution in pay. To give a conceptual view, constructive dismissal exists where there is cessation of work because “continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay.” (Globe Telecom, Inc. vs. Galang, G.R. No. 150092, September 27, 2002.) There is constructive [...]

By Atty Elvin Labor Law constructive dismissal, demotion, demotion in rank, diminution in pay, employee, employer, Illegal dismissal, Just Cause, Labor Code, labor dispute, labor law, termination 18 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 company [...]

By Atty Elvin Events, Labor Law atty. elvin, dismissal, Just Cause, Labor Code, termination 10 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 the [...]

By Atty Elvin Uncategorized atty. elvin, dismissal, Just Cause, labor, Labor Code, preventive suspension, termination, theft 18 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 MPI [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, Labor Code, quantum of proof, Serious Misconduct, Substantial evidence, termination 14 Comments Read more...

25 May

Jurisdiction of Labor Arbiter Does Not Apply to Termination for Acts of Purely Religious in Nature

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Termination of a religious minister’s engagement at a local church due to administrative lapses, when it relates to the perceived effectivity of a minister as a charismatic leader of a congregation, it’s a prerogative best left to the church affected by such choice. If a religious association enacts guidelines that reserve the right to transfer or reassign its licensed ministers according to what it [...]

By Atty Elvin Labor Law efficiency vs. effectivity, jurisdiction, termination 17 Comments Read more...

25 Mar

Termination Due to Installation of Labor Saving Device

Termination due to installation of labor-saving device is one of the authorized causes for employee dismissal. It is provided under Article 298 [Formerly Article 283; re-numbered per RA 10151 and DOLE DA 01 Series of 2015; Get a copy of re-numbered Labor Code 2018 Edition by Atty. Villanueva] of the Labor Code. It states that the employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or [...]

By Atty Elvin Labor Law, Sample Forms installation of labor-saving devices, termination 18 Comments Read more...

11 Feb

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 [...]

By Atty Elvin Labor Law analogous cause, termination 16 Comments Read more...

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