Terminating Employees: What are the Grounds & the Proper Procedure?Judah Hirsch
Breakups are always hard. new balance femme This is especially true if the employee wants to resign from the company, and seek for greener pastures elsewhere. Fjallraven Kanken Mini But what if an employee is no longer a productive team player? What if the employee violates or disregards company policies and rules? How can the employer validly claim “It’s not me, it’s you” and initiate the breakup? Here is a simplified list of Just Causes for Termination under the Labor Code of the Philippines:
- Serious Misconduct This is when an employee purposely goes against specific company policies, such as stealing office property or violating rules in the company handbook. This implies wrongful intent and not just a mere error in judgment.
- Gross Insubordination There is gross insubordination when the employee intentionally, with bad intent, disregards an order by the management. The order violated must be reasonable, lawful, and must be related to those tasks in the performance of the duties of the employee
- Gross and Habitual Neglect of Duties Here, what is controlling is the totality of the infractions of the employee. The neglect of his duties must result to a repeated failure to perform his duties, and not just because of one or two isolated instances. For instance, when an employee constantly abandons his shift or absents himself without good reason, then he can be rightfully terminated under this ground.
- Fraud or Willful Breach of Trust This is a just cause for termination when such fraud is committed by an employee who holds a position of trust and confidence in the company. The breach must be done by the employee intentionally and must be related in the performance of his duties. Compra Mochilas Kanken The burden of proving the case is based on the employer: it must be based on substantial evidence and not just based on mere speculations.
- Other analogous causes Two major grounds under analogous causes are Incompetence and Immorality. fjällräven kanken Kanken Classic There is incompetence when the employee is seriously lagging behind industry standards. nike air max tavas fjallraven kanken bag This must be proven by factual circumstances, and it must be based on a standard or benchmark for reference. Immorality, on the other hand, is when the employee commits an act which is inherently bad in itself, whether punishable by law or not. These are usually seen as contrary to good morals and public policy.
Procedure for Termination In General, there are 2 major requirements for termination: Notice and Hearing. If even just one of these requirements are absent, then there is improper termination of the employee under the law. Fjällräven Kånken When there is improper termination or illegal dismissal, the employee would be entitled to back wages, damages and even reinstatement. chaussures nike air max These could cost a lot for the company hence these 2 requirements of law must be followed strictly.
- First, the employee must be given a Notice of Appraisal if the ground for his termination is among those just and authorized causes. Such notice should contain a detailed description, outlining circumstances, dates and reasons, which will serve as the basis for the charge against the employee. nike air max tn soldes This must be served on the employee at least 5 days before the Hearing or Notice of Termination, so that he is given a reasonable amount of time to prepare his defenses.
- Second, a Hearing may also be conducted where the employee is given the chance to present evidence and respond to the charge against him. He may also enlist the help of a lawyer if he wants. It must be noted however, that a hearing is no longer necessary if the employee admits responsibility for the alleged misconduct.
- Third and last, a formal notice is served on the employee which states the decision of the company. This is called the Notice of Termination. This finding states that even after considering all of the circumstances, the grounds are still enough to justify the termination of the employee.
If you have questions, check out the following websites, or consult your HR or Legal Department for more info.