Sonnie’s Porch

A Supreme Court (of the Philippines) jurisprudence suggest this.

For years, employers are on their toes to ensure that the sixth month of employment of probationary employees are monitored to ensure no unqualified proby employees will be regularized. Likewise, proper documentation is considered a must for the following:

1. Discussion of employment standards/expectation levelling
2. Job description
3. Performance appraisal
4. Employment contracts and
5. Observance of twin notice rule

This is to ensure the decision to end an employee’s probationary contract will not be construed as whimsical.

But a Supreme Court  jurisprudence about a case of a supervisor who failed to qualify as a permanent employee   is rather interesting.

On the 6th month, the Supervisor was not allowed to time in and as a result, he sued the company for illegally dismissing him.  But the court says there is no termination or dismissal but rather an expiration of his 6 month probationary contract.

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Finally, my How To Lose Your Job series can be closed

On August 29, 2007, it was an honor to handle one of the break out sessions of the 1st HR Philippines National Convention and I handled the discussion on Employee Discipline. Using the same approached I employ with fellow HR practitioners, I would like to close this series by discussing Due Process of law from the point of view of management.

In the Philippines, Employee Discipline is one of the rights an investor or capitalist can use to ensure a profitable operations.

“Success of industries is the foundation upon Which just wages may be paid. There can be no success without efficiency. There can not be efficiency without discipline…”

Batangas Transportation Co., et al vs. Bagong Pagkakaisa ng mga employees and Laborers of BTCo., GR No. L-1706 March 10, 1949

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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.

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This is the 5th installment of the blog series that would hopefully add value on both employers and employees. And on this issue, we’ll focus on Art. 284 or termination due to sickness.

Losing one’s job for health reasons falls under authorized causes as stated on the Philippine Labor Code:

Art. 284. Disease as ground for termination. An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

Rules and Regulations Implementing the Labor Code:

SECTION 8. Disease as a ground for dismissal. — Where the employee suffers from a disease and his continued employment is prohibited by law or prejudicial to his health or to the health of his co-employees, the employer shall not terminate his employment unless there is certification by competent public health authority that the disease is of such nature of at such a stage that it cannot be cured within a period of six (6) months even with proper medical treatment. If the disease or ailment can be cured within the period, the employee shall not terminate the employee but shall ask the employee to take a leave of absence. The employer shall reinstate such employee to his former position immediately upon the restoration of his normal health

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