How To Lose Your Job– part i: killing you softly
Strumming in pain with my fingers, singing a note out of tune
Killing you softly with my song, killing you softly with my song
Telling my whole life in bad rhymes, killing you softly with my song.
As promised, this is the second of a 3 or more part blog series on losing ones job. My objective is to add value by educating employees to protect their jobs and for entrepreneurs to be guided on how to go about disciplining and eventually terminating an employee.
Little did employees know, they may be doing things that can be hazardous to their career and employment. While employees have the right to security of tenure, the company also have its own rights and prerogatives for profitable operations
Lets answer the question, How an employee can lose his job?
Generally speaking, one can lose his job either by his own doing or by other factors aside from himself. Termination of employment by our own doing, is also known as “just causes” (Art. 282 of the Labor Code). On the other hand, losing your job because of other factors aside from yourself is also known as “authorized causes” (Art. 283-284 of the Phil. Labor Code).
For purposes of this discussion, let us limit our focus on the “just causes”. Employees can do certain acts that can cause immediate termination, or as a result of a series of acts, overtime this can also lead to separation from employment. And on this post, we shall focus on small acts that overtime, can serve as bases for your company to say “adios”.
To avoid being terminated for just causes, you have to know these, they can be your ally or your nightmare:
- Your company hand book or code of conduct
- Art. 282 of the Philippine Labor Code
Handbook or Code of Conduct
As an employee, it is YOUR RESPONSIBILITY to know and understand your company hand book or code of conduct. This material spells out your organizations’ disciplinary system, process, the offenses and corresponding sanction. The company handbook or code of conduct, normally, are reflective of the provisions of the labor code and other related laws. In the absence of a company handbook or code of conduct, direct provisions of the labor code applies.
Art. 282 of the Phil. Labor Code
Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:
- Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
- Gross and habitual neglect by the employee of his duties;
- Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
- Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
- Other causes analogous to the foregoing.
What are the series of acts that may lead to termination overtime?
NOTE: Depending on the effect to life and property of the infractions enumerated below, termination can also be immediate.
- Willful disobedience– also called insubordination. This is your “deliberate refusal” to follow verbal or written “work related orders” (emphasis on work related)
- Habitual neglect–also known as negligence, this is your “failure to observe” (whether by commission or omission) established guidelines, practices, written rules and procedures intended to ensure safe, healthy and secure work environment, promote decorum and harness productivity. This may include but not limited to the following:
- habitual absences and tardiness
- improper and/or unauthorized use of company facilities, properties or equipment, i.e. blogging at work if this is prohibited.
- sleeping while on duty
- fighting or instigating a fight
- discourtesy
- customer complaint
- smoking on prohibited areas
- poor performance
- Fraud, willful breach or loss of trust– this provision is applicable to employees of trust such as cashiers or tellers, treasury, accounting, warehouse and hr people, supervisors, managers and other company officers.
- consistent and unexplained cash shortages regardless of the amount may be a basis for loss of trust
- mishandling of confidential documents and information, such as 201 file, or wrong posting of financial report or any report may also be a basis for loss of trust.
- blogging about inside issues and/or personalities in your company
To be precise, review your company hand book or code of conduct or company rules and regulations or code of discipline. Please take note of the following:
- the offense, frequency vis-a-vis the sanction
- the prescription period of each offense
- the provision on habitual delinquency
Please note further, that before a termination or any disciplinary action is implemented, due process of law must be accorded to any employee. This, however, shall be discussed on the last part of this blog series.
For readers outside the Philippines, please check your country’s labor code and relevant laws.
Part 2: Pull the trigger, is now available. Go here to read
Disclaimer:
The opinions expressed herein does not constitute legal advise, if you are in trouble, you can do either of these actions, (1) discuss things and seek the help of your HR or Personnel Head, (2) shape up and (2) seek legal advise.
14 Responses to “How To Lose Your Job– part i: killing you softly”
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[...] How an employee can lose his job? Find out at Sonnie’s Porch. [...]
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How To Lose Your Job 1– killing you softly…
As promised, this is the second of a 3 or more part blog series on losing ones job. My objective is to educate employees to protect their jobs and for entrepreneurs to be guided on how to go about disciplining and eventually terminating an employee.
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[...] Aside from the Philippine debut of Spiderman 3, the world is also celebrating Labor Day. It’s just timely to release the 3rd installment on “how to lose your job” blog series. [...]
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Hmm, sounds a lot like our school’s student handbook section on do’s and don’t on campus.
It’s true. Most employee handbooks do resemble student handbooks, Jhay.
my friend got fired from work just recently. i posted my side of the story. maybe you can check it out.
habitual means more than once right?
share some insight and comment on my entry please?
@Andianka– Sorry, I can not throw my 2 cents in an actual case because we are not privy to all the details. As I said in my post, the offense need not be habitual, if the impact to the organization is big. Equally important is the observance of due process.
@ Jhay– Paul is correct
@ Paul– thanks for the visit and contributing in the discussion
oh… i understood the idea that it wouldn’t be taken as a rule over all the companies around. anyways, i was just hoping to get a bit of idea about legal procedures once you do get fired or so to speak. anyways, thanks for reacting and sharing. till next visit…
Don’t worry, some of your questions will be answered as we go on the series…. After the series, we can discuss offline if you will give me more details
keep blogging though…
I find it wise for employers to call their employees for regular or monthly meetings where by they can update each other on rules and regulations governing their working places or them ;under which if broken,one would be prepared to face the consequences.I wonder how many employees are give a hard or soft copy of these rules so that they can know what is expected of them and the grey areas which should avoid.I think alot of advocasy is required here.The earlier they start the better.When people are well informed on these rules ,cases of misconduct will reduce drastically or what do you people think?
Can you please share ur opinion regarding work harassment? What can employees do if they have been victimized by abusive superiors without fear of reprisals.
Thank you
Hi Joyce,
What kind of harassment are we dealing with here? Sexual harassment or verbally abusive boss?
Dear Sonnie,
Can you please tell me when or on what instances can an employee ask or request for immediate resignation from the employer (even the company says they need one month notice)?
Would serious family conflicts like parents separating causing the employee from suffering from emotional stress, hence inability to work efficiently anymore to last one more month be a valid or just cause for immediate resignation? What would Article 285 constitute?
Please advise.
Thanks,
Girlie