Sonnie’s Porch

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:

1. Employee initiated or what we know as resignation.
2. 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:

1. Just Causes or termination because of employee behavior, and
2. 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.

1. 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.
2. 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
3. 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:

• How to lose your job 1– introduction
• How to lose your job 2– killing you softly
• How to lose your job 3– pull the trigger
• How to lose your job 4– authorized causes
• How to lose your job 5– health reasons

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