Classique Ideas Interior

Designs, Inc.
I. General Concept
A. Security of Tenure
B. Due Process
i. Two-fold Requirements
a. Substantive
b. Procedural

II. Kinds of Employment

A. Probationary
B. Regular
C. Project
III. Termination of Employment
A. Probationary
i. Grounds
ii. Process
B. Regular
i. Grounds
ii. Process
C. Project
i. Grounds
ii. Process
I. General Concept
A. Security of Tenure
 means that an employee cannot be dismissed
from the service for causes other than those
provided by law and only after due process is
accorded the employee.
I. General Concept
B. Due Process
1. Substantive
2. Procedural
I. General Concept
B. Due Process
1. Substantive
 means that the dismissal must be for any of
the (1) just causes or the company rules and
regulations promulgated by the employer; or
(2) authorized causes .
Just Causes vs Authorized Causes
A dismissal based on a just cause means that the employee
has committed a wrongful act or omission; while a dismissal
based on an authorized cause means that there exists a
ground which the law itself allows or authorizes to be invoked
to justify the termination of an employee even if he has not
committed any wrongful act or omission such as installation
of labor-saving devices, redundancy, retrenchment, closure or
cessation of business operations or disease.
Just Causes (Art. 282 of LC)
1. Serious misconduct or willful disobedience by the
employee of the lawful order of his employer or
representative in connection with his work.
Just Causes (Art. 282 of LC)
 Fighting is a ground for termination but only
the instigator or aggressor and not the victim
who was constrained to defend himself should
be dismissed;
Just Causes (Art. 282 of LC)
 Challenging superiors to a fight is a just cause
for termination;
Just Causes (Art. 282 of LC)
 Contracting work in competition with
employer constitutes serious misconduct;
Just Causes (Art. 282 of LC)
 Sleeping while on duty is a ground for
termination;
Just Causes (Art. 282 of LC)
 Act of falsification is a valid ground to
terminate employment.
Just Causes (Art. 282 of LC)
Some principles on Insubordination
 Failure to answer memo to explain constitutes
willful disobedience;
note: Another notice is required in case of
termination on the ground of failure to answer
memo to explain;
Just Causes (Art. 282 of LC)
 Refusal to render overtime to meet production
deadline constitutes insubordination;
Just Causes (Art. 282 of LC)
 Refusal to comply with a lawful transfer
constitutes insubordination.
Just Causes (Art. 282 of LC)
2. Gross and habitual neglect by the employee of his duties;
 Tardiness or absenteeism, IF HABITUAL, may be cited as
a ground to terminate employment;
 Tardiness or absenteeism, IF HABITUAL, may be
tantamount to serious misconduct.
Just Causes (Jurisprudence)
a) Violation of Company Rules and Regulations or
Company Code of Discipline;
b) Theft of property owned by a co-employee as
distinguished from company-owned property
which is considered serious misconduct;
c) Incompetence, inefficiency or ineptitude;
d) Attitude problem.
Due Process

2. Procedural
 means that the employee must be accorded
due process, the elements of which are notice
and the opportunity to be heard and to
defend himself. (Twin-Notice and Hearing)
Twin-notice and Hearing

a) Service of first written notice;

Contents:
i. Specific causes or grounds for termination;
ii.Directive that the employee is given the
opportunity to submit his written explanation
within 5 calendar days;
iii.Detailed narration of the facts and
circumstances;
iv.Specifically mention which company rules, if
any, are violated or which among the grounds
under Article 282.
Twin-notice and Hearing

b) Conduct of hearing; and

c) Service of second written notice indicating
that:
i. All circumstances involving the
charge/s against employee have been
considered; and
ii. Grounds have been established to
justify the severance of his employment.
II. Kinds of Employment/ Employee

A. Probationary
 6 months
 The employee is under evaluation or qualifying
stage
 Reasonable standards set by employer must be
made known to the employee at the time of hiring
II. Kinds of Employment/ Employee

B. Regular
 Hired for activities which are necessary or desirable
in the usual business of the employer.
II. Kinds of Employment/ Employee

C. Project
 Hired only for a “specific project or undertaking”
 The duration of the contract must be specified at
the time that the employees were hired for the
project.
 Filing of Termination report of project employees
III. Termination of Employment

A. By employee;
B. By employer;
Termination of Employment

A. for Probationary employee

i. Grounds
Under Article 281, a probationary employee may only be
terminated on two (2) grounds, to wit:
1. For a JUST CAUSE or AUTHORIZED CAUSE; or
2. When the probationary employee fails to qualify as a
regular employee in accordance with reasonable
standards made known by the employer to the employee
at the start of the employment.
Termination of Employment
--Probationary Employee

ii. Process
1. Service of first written notice;
Contents:
i. Specific causes or grounds for termination;
ii.Directive that the employee is given the
opportunity to submit his written explanation
within 5 calendar days;
iii.Detailed narration of the facts and
circumstances;
iv.Specifically mention which company rules, if
any, are violated or which among the grounds
under Article 282.
Termination of Employment
--Probationary Employee

2. Conduct of hearing; and

3. Service of second written notice indicating
that:
i. All circumstances involving the
charge/s against employee have been
considered; and
ii. Grounds have been established to
justify the severance of his employment.
Termination of Employment
--Probationary Employee
• NOTE: The second ground (failure to qualify as a
regular employee) does not require notice and
hearing. Due process of law for the second ground
consists of making the reasonable standards
expected of the employee during his probationary
period known to him at the time of his probationary
employment.
Termination of Employment
--Probationary Employee
• Some principles on termination of employment of
probationary employees.
1. Termination to be valid must be done prior to lapse of
probationary period.

2. Termination a few days after lapse of probationary period,

cannot be done without due process as he has already
become a regular employee at that time.
Termination of Employment

A. for Regular employee

i. Grounds
1. For just cause; or
2. Authorized cause.
Termination of Employment

ii. Process
1. Service of first written notice;
Contents:
i. Specific causes or grounds for termination;
ii.Directive that the employee is given the
opportunity to submit his written explanation
within 5 calendar days;
iii.Detailed narration of the facts and
circumstances;
iv.Specifically mention which company rules, if
any, are violated or which among the grounds
under Article 282.
Termination of Employment
--Regular Employee

2. Conduct of hearing; and

3. Service of second written notice indicating
that:
i. All circumstances involving the
charge/s against employee have been
considered; and
ii. Grounds have been established to
justify the severance of his employment.
Termination of Employment

A. for Project employee

i. Grounds
1. For just cause; or
2. Authorized cause.
Termination of Employment

ii. Process
1. Service of first written notice;
Contents:
i. Specific causes or grounds for termination;
ii.Directive that the employee is given the
opportunity to submit his written explanation
within 5 calendar days;
iii.Detailed narration of the facts and
circumstances;
iv.Specifically mention which company rules, if
any, are violated or which among the grounds
under Article 282.
Termination of Employment
--Project Employee

2. Conduct of hearing; and

3. Service of second written notice indicating
that:
i. All circumstances involving the
charge/s against employee have been
considered; and
ii. Grounds have been established to
justify the severance of his employment.
Termination of Employment
--Project Employee

• Some principles relevant to termination of

employment.
1. Project employees enjoy security of tenure during
the term of the project employment.
Termination of Employment
--Project Employee

2. Project employees are not, by law, entitled to separation

pay if their services are terminated as a result of the
completion of the project or any phase thereof in which
they are employed. The reason is that their services are
deemed coterminous with the project or phase thereof.
Termination of Employment
--Project Employee

3. Advance notice of termination of project

employment, not required.

4. Report to DOLE on termination of project

employees, required. Report should be made
after every completion of project or phase
thereof.
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