In this eventuality, managements interests are likewise threatened and production levels drop or ceases altogether. Management should, therefore, be conversant with the different laws affecting dismissal. Dismissal or termination of an employees service requires not only a cause but also the observance of "due process". Anerring employee might be deserving of being discharged but if he is not given the opportunity to be heard, to defend himself, to mend his ways, or to learn from his mistakes through counseling, warning, and suspension, such termination is said to be without "due process". Termination of employment The Labor Code of the philippines provides for the manner of terminating employment in any establishment and undertaking wheter operated for profit or not, including educational, medical, charitable and religious institutions. Art. 272 Temination by employeer - an employ may terminate an employment without a definite period for any of the following just causes: a. The closing or cessation of operation of the establishment or enterprise, or where the employer has to reduce his work force by more than one half due to seious business reverse, unless the closing is for the purpose if circumventing the provisions of this title; b. Serious misconduct or willful disobedience by the employee of the orders of his employer or representative in connection with his work; c. Gross and habitual neglect by the employee of his duties; d. Fraud or willful breach by the employee of the trust reposed in him by his employer or representative;
Posted on: Mon, 23 Sep 2013 13:26:00 +0000
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