valid dismissal Archives - LVS Rich Publishing

03 Oct

Work-relatedness of Termination for Inflicting Physical Violence or Fighting is Not Solely Determined by the Time and Location

Fighting within work premises which act adversely affects employer’s interests for it distracts employees, disrupts operations and creates a hostile work atmosphere. (Page 122, Guide to Valid Dismissal of Employees, 2nd Edition, citing Solvic Industrial Corp. vs. NLRC, G.R. No. 125548, September 25, 1998) “Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error [...]

By Atty Elvin Labor Law fighting, Serious Misconduct, valid dismissal, workplace dynamics 10 Comments Read more...

03 Dec

RETIREMENT PLAN SHOULD BE EXPRESSLY CONSENTED TO BY NEW EMPLOYEE TO BE BINDING

Retirement plan cannot be presumed to be known to new employees most especially if it lowers the retirement age than that provided in the Labor Code. For instance, the compulsory retirement age under Art. 302 of the Labor Code, as amended, is 65 years old. The law permits the parties to lower this age upon mutual agreement. Have a copy of the Labor Code of the Philippines 2018 Edition (re-numbered and updated) Under the provision, the employers and employees may agree to [...]

By Atty Elvin Labor Law Acceptance of retirement age, retirement, valid dismissal 14 Comments Read more...

25 May

Understanding the Process of Dismissal

The post is based on the book Guide to Valid Dismissal of Employees (pp. 27-29) The employer, prior to dismissal must analyze the situation and circumstances involved. He must consider the offense committed and the appropriate penalty to be imposed. If dismissal is not the proper response, then the employer may resort to coaching, training or mentoring, as the case may be. Dismissal is the ultimate penalty that can be imposed on an employee. Where a penalty less punitive may suffice, [...]

By Atty Elvin Labor Law valid dismissal 16 Comments Read more...

22 May

Guideposts on Valid Dismissal of Employees

The post below is based on the book Guide to Valid Dismissal of Employees (pp. 21-23). The decision to dismiss an employee might arise from the fact that he stole a company property, falsified important documents, refused to obey lawful orders he is aware of or sexually harassed another employee. Whatever may be the reason, the company comes to a point that it has to say goodbye to the offending employee. But how should the employer do it the legal way? Jurisprudence on [...]

By Atty Elvin Labor Law valid dismissal 15 Comments Read more...

15 Mar

Agreement to Terminate Employee Without Due Process is Void

Grand Placement and General Services Corp. (GPGS) hired Mr. Rutcher Dagasdas (Dagasdas) as Network Technician to be deployed to Industrial & Management Technology Methods Co. Ltd. (ITM) in Saudi Arabia. He was under contract for one year. Dagasdas’ Job Offer indicated that he was accepted by Aramco and ITM for the position of “Supt.” He contended that although his position under his contract was as a Network Technician, he actually applied for and was engaged as a Civil Engineer. When Dagasdas [...]

By Atty Elvin Labor Law, Uncategorized due process, valid dismissal 12 Comments Read more...

07 Mar

Unsatisfactory Background Check Result: Can This Result in Dismissal?

Mr. Sagun was employed at HSBC when he applied online with ANZ Global Services. He passed the ANZ application process. He was made to sign a Letter of Confirmation of the Offer as Customer Service Officer, which he also accepted. In the letter, the terms and conditions of his employment required, among others, a satisfactory result of his pre-employment screening such as the satisfactory results of background check. It also states that if, in the opinion of ANZ, any of the [...]

By Atty Elvin Labor Law conditional employment, valid dismissal 14 Comments Read more...

22 Feb

EMPLOYER’S MANAGEMENT PREROGATIVE AND THE BASES OF RIGHTS

While the 1987 Constitution and the Labor Code do not have an equivalent provision expressly upholding the rights of employer, several decisions of the Supreme Court recognize employer’s rights as well. These rights are contained in management prerogative. While the State affords the constitutional blanket of rendering protection to labor, it must also protect the right of employers to exercise what are clearly management prerogatives, so long as the exercise is without abuse of discretion. Courts often decline to interfere in [...]

By Atty Elvin Labor Law discipline, dismissal, employer prerogative, loss of trust and confidence, management prerogative, penalties, policies, rules and regulations, supersedeas bond, termination, valid dismissal 32 Comments Read more...

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