How To Lose Your Job– Part V: Due Process (1)
Loading ...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:
If you find this interesting, subscribe to my feeds or
e-mail to get regular updates, or add this site to your Technorati Favorites.
To contact me, go this way.
You can follow the discussion here,
or by checking the email subscription tag, below the comment box. Thank you for the visit.
tip box
Comments
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.
[…] 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” […]