1. Send it by registered mail to the employee`s last known address and submit the receipt as proof of postage; 2. Indicate on the notification that it has not been accepted by the person delivering it and another witness to the delivery. An affidavit may be made stating that delivery has been refused and signed by both. Is it possible to terminate regular employees hired in a BPO if the overseas OPL client has ceased operations with them? An employee has the opportunity to explain his page during an administrative hearing. -Yes. If a labour arbitrator decides on an unlawful termination, reinstatement is immediately enforceable, even if the employer`s approval is still pending. The worker should be treated as if he or she had not been dismissed for reasons of seniority and continuity of employment. In the case of concerted activities, participation in an illegal strike by union officials, the commission of illegal acts by union officers or employees, and the violation of return-to-work orders issued by the Minister of Labour are also legitimate grounds for termination of the employment relationship. In the event of termination for cause, the employee is entitled to compensation or symbolic damages in an amount not exceeding 30,000 pesos (Agabon v. NLRC, 442 SCRA 573); in the event of termination for authorized reasons 50,000 pesos (Jaka Food Processing v.

Darwin Pacot, 454 SCRA 119). The second type of employee termination is when the employee decides to resign. According to Section 285 of the Labor Code, workers in the Philippines may leave their employment with or without just cause. ¢ An employee with management functions; OR ¢ An employee who manages and protects the money or property of his employer – severance pay is the amount paid to an employee dismissed for legitimate reasons, which may be one of two: factory closure (art. 283 of the Labour Code) or illness of the employee that could have a detrimental effect on his health and that of his employees (art. 284, Labour Code). (a) the intention to dismiss, stating the reason for the dismissal and giving the employee a reasonable opportunity to explain his or her point of view; However, if the dismissal is for cause, the employee does not have to serve notice of termination. Kind. 285 lists the justified grounds for dismissal as follows: Without cause, your employee must submit a letter of dismissal with a notice period of one month. If they don`t send a notification, you can charge them for concomitant damages.

For example, for the amount of work they don`t do because of their early resignation. The procedural aspect refers to the fact that the employer did not give the employee an opportunity to explain his or her point of view. A written notice of notice served on the employee indicating that, having regard to all the circumstances, the reasons for his dismissal have been established. (See section 2 (d), regulation I, Regulations for the implementation of Book VI of the Labour Code) If the dismissal is justified by legitimate reasons in accordance with article 298 of the Labour Code, the employer is obliged to send written notice to the employee and to the Ministry of Labour and Employment at least one month before the scheduled date of dismissal. 2. Can an employer fire an employee? What are the reasons for this? Fraudulent acts such as concealment and theft of money or counterfeiting of expenses can lead to an irreparable breach of trust that leaves no choice but to let go of the employee. (b) Instead of reinstatement, an employee may receive severance pay of one month`s salary for each year of service (Golden Ace Builders, et al v. Jose Talde, May 5, 2010, GR No.

187200); If you do not follow the proper procedure in case of legal and approved dismissal of your employee, you can expect other consequences, as this creates a legitimate reason for the employee`s complaint. If the dismissal is justified in accordance with article 297 of the Labour Code, the employer is obliged to send the employee an initial written notification, stating the specific reasons for the dismissal, and to give the employee a sufficient opportunity to be heard. Once it has been determined that the termination is justified, the employer must serve a second written notice of termination. Can an employee be suspended while the investigation or hearing of the charges against him or her is ongoing? The employee is then deemed dismissed on the date specified in the dismissal. Hello. I do not know how quickly you publish your answers. We have an employee who resigned on April 15. Letter of resignation from mai sya.

Apparently, 30 days ang grace period para makapagturnover. So until May 15 sya idem. However, as recently as last Tuesday, nagpapaalam sya na until May 7 na lang daw sya kasi nakapagcommit na raw sya sa isang company na papasukan nya. She used our company time para makapag-apply to makapag-participate ng interview of a her new company. Nalaman lang namin ito nung kinausap sya nung Tuesday, April 30. Could we end it today, 2 May, with immediate effect? Because we`re not sure if we can go through another 30 days of due process, because she wants to leave the company as soon as possible. In addition to poor performance, the reason for termination is wilful disobedience, deliberate breach of trust, and blatant disregard for company rules and regulations. Do we also have to give him a separation allowance and a work certificate? Your advice is greatly appreciated. Thank you very much. Reasons specifically related to the employee may constitute valid reasons for terminating the contract; He understands the grounds for personal misconduct and the facts that do not violate.

-The amount given to the employee depends on the specific authorized reason for his dismissal, which can be one of the following: -Yes. If an establishment ceases to exist at the time reinstatement is ordered, the employee may apply for benefits. An employee is entitled to severance pay equal to one month`s salary or at least one month`s salary for each year of service, whichever is greater. A fraction of at least six months is considered a full year. Can an employer dismiss an employee because he did not present the employment certificate of his former employer? The employee has been working in the current company for 2 years and the required document was requested just after 2 years in the current company. According to Section 282 of the Philippine Labor Code, the following just reasons by the employee may be the basis for terminating an employee in the Philippines: The amount of severance pay depends on how long the employee has worked for you and the reasons for terminating their contract. Are class actions eligible, or are employees only allowed to assert their work and labour claims individually? Assuming the employer challenges the employee`s termination, who has the burden of proving that the termination is without just cause? These cases are related to legally justified reasons that go beyond tort liability and can be classified as business or health-related. Using equipment that replaces manual work is your privilege, which may be a reason to terminate an authorized employee. What happens if an employee does not show up for this hearing? In this post, I discuss frequent absenteeism: www.lawyerphilippines.org/2018/06/26/termination-due-to-awol-tardiness-or-abandonment/ Can an employer fire a regular employee who has been convicted of a crime (illegal gambling)? Our company policy states: „The conviction of a criminal offence under the law is punishable until dismissal.” Class actions and class actions are eligible. The class action available to employees is called a „class action” under the 1997 Code of Civil Procedure. It is permissible if the subject matter of the controversy is of general or general interest to so many people that it is impossible to join all parties. Collective action is also permitted under the right of legitimate workers` organizations or trade unions to strike and resume in accordance with the procedural and substantive requirements of the law.