How To Lose Your Job– Part V: Due Process (1)
The end of this series is now on sight, a couple of more posts and we’ll be able to conclude this one. For several weeks, we have been discussing the different grounds where an employee can lose his job.
There are two approaches to end employer-employee relationship:
- Employee initiated or what we know as resignation.
- Employer initiated or what we know as termination.
On item # 2, an employer is allowed to end the employer- employee relationship on the following reasons:
- Just Causes or termination because of employee behavior, and
- Authorized Causes or termination brought about by other factors aside from employee behavior.
The act of ending an employer-employee relationship is subject to a process.
- If an employee decided to resign, s/he can not leave the company immediately. The law states that employee must give 1 month notice so the company can have ample time to source suitable replacement. Exception to this requirement is stated on Art. 285 of the Philippine Labor Code.
- On the other hand, if employer wish to end the employment of an employee for authorized reasons, Art. 283 of the Philippine Labor Code stipulated the requirements as follows:
- reasonable bases for the actions that will be undertaken
- 1 month notice to both employee concerned and the Department Of Labor and Employment prior to actual date of termination
- Separation pay as prescribed on Art. 283
- And finally, when an employer find it justifiable to end the employment of an employee per Art. 282 of the Philippine Labor Code, observance of due process is a must.
Due process is a value adding mechanism that safeguards the interest of all stakeholders–
Next issue:
Part VI: Due Process (2)– Requirements for Just Causes Termination
Previous issues:
10 Responses to “How To Lose Your Job– Part V: Due Process (1)”
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[...] I also updated my other site and published the 6th installment on my how to lose your job series. On that issue, I have discussed “due process” [...]
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It is a worthwhile kind of a training and i believe that all those who will get to read it will benefit.I have learnt alot and in anticipation for more on this topic.
Thank you and GOD BLESS YOU.
MARGARET.
Thank you Marge for your continued patronage of this blog. Hope you can start yours so I can also visit it.
HI! I saw this blog while researching on the required notice for resignation. I just have one question for you. If I signed a contract (given on my first day in my current job) that I should give at least 60 days notice if I wish to leave my company, can they sue me or not give me clearance if I only gave them the 30 day notice? Note that I am still a probationary employee.
may i ask if “Loss of Trust and Confidence” due to severe work negligence that brought about operation disruption and loss of sales be a justifiable ground for termination of an employee?
Hi Albert,
Per art. 282, it should be (1) habitual (repetitive) and (2) gross (meaning the negligence can cause damage to life and property).
hi,
what if i already tendered my resignation letter last May 21 with an effective date of June 30. But the management did not sign the letter, instead they told and begged me to extend my services up to July 30 or August 1 because we have a lot of work to do. I don’t want to extend anymore up to that date and I want to resign effective June 30. What legal actions should be made regarding this one? Can we file a case on our employer in this situation? Actually, we are four individuals who are resigning and experiencing this kind of situation. Kindly give us advice on what to do with this. Please enlighten us. Thank you very much!!!
Hi John,
As long as you have a copy of your resignation letter, duly received and acknowledged, and you gave them 30 [working days] notice ahead, you complied already with the legal requirements.
To extend is totally your prerogative, and an affirmative decision is out of good will.
Hi Sonnie,
I just want to ask about resignation vs. termination. An employee submitted his immediate resignation because he is required to start at his new job the next day. His supervisor received his letter but indicated that the effectivity of his resignation is 30 days after. The employee did not report for anymore following the day he submitted his resignation letter. Does the Company have the right to issue him a termination notice (of course following the 2-notice rule). Thanks!
Hi MG,
Per law, under normal circumstances, notice of resignation should be 30 days notice. If the supervisor acknowledge receipt of the letter but indicated 30 days notice is a wise move.
But not all employers are willing to run after employees who disregard this because of unnecessary stress and waste of resources UNLESS the departure resulted to actual damages to company reputation or loss of resources. This, you have to substantiate.
Options:
A. Let go and move on, employee action and behavior will catch up on him eventually.
B. Run after employee [this option is "only" practical if employee holds a critical position or a position of trust and confidence]
1. When employee request for certificate of employment, indicate at the last paragraph that employee did not observe 30 days notice and clearance is yet to be completed.
2. Since he did not turn over accountability properly, document the problems you encountered specially if it affected operations and involves actual losses and damages.
3. Send him notice to explain [check your coc for the alleged violation, normally it falls on (1) absent w/o leave (2) abandonment (3) insubordination (4) negligence resulting to damages and losses].
4. Prepare a separate notice to explain if you need to collect for losses and damages, to be deducted from his last pay.
5. The 2 notices should be sent to employees last known address via registered mail.