My Board
Academics => Legal Department => Topic started by: council on August 23, 2013, 04:00:13 PM
-
Para sa mga gustong magtanong tungkol sa kanilang employment in relation to Philippine labor laws) , magpost lang po.
Sa mga may katanungan tungkol sa termination of employment - here's a starter. Let's talk about just causes...
From G.R. No. 166208 (http://sc.judiciary.gov.ph/jurisprudence/2007/june2007/166208.htm):
To clarify, the following should be considered in terminating the services of employees:
(1) The first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. “Reasonable opportunity” under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This should be construed as a period of at least five (5) calendar days from receipt of the notice to give the employees an opportunity to study the accusation against them, consult a union official or lawyer, gather data and evidence, and decide on the defenses they will raise against the complaint. Moreover, in order to enable the employees to intelligently prepare their explanation and defenses, the notice should contain a detailed narration of the facts and circumstances that will serve as basis for the charge against the employees. A general description of the charge will not suffice. Lastly, the notice should specifically mention which company rules, if any, are violated and/or which among the grounds under Art. 282 is being charged against the employees.
(2) After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a representative or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an amicable settlement.
(3) After determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment.
-
pwede po ba yn i-apply sa mga contractual na galing agency tapos pinadala sa isang company? yung frnd ko kasi bgla na lang xa tinangal sa work. pagpasok nya ng sunod na araw,saka lang nya nalaman na wala na xa work. my habol pa po ba xa don kung sakali? kasi hndi pa naman din xa end contract and walang sinabing dahilan kung bakit xa naterminate. salamat po..
-
sir what is redundancy po if may gusto kang e terminate na employee? steps po...
-
sir what is redundancy po if may gusto kang e terminate na employee? steps po...
yan po ay isang halimbawa ng termination based on authorized cause. ang steps ay idetermine ng policy ng company. ang sinasabi lang ng ating labor code ay mabigyan ang empleyado ng notice at mabigyan din ang dole. and all separation pays and benefits entitled sya.
-
i think the answer does not answer just cause...it talks about due process in termination with just causes...
-
Basta termination para valid dapat tama ang proseso at may batayan sa pagtanggal galing sa prosesong ginawa. Dismissal without observance of due process violates procedural due process. Dismissal without a cause violates substantiive due process...