MWL Module 1 Effective Disciplinary Actions

8/10/2019 MWL Module 1 Effective Disciplinary Actions

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MANAGING WITHIN THE LAWModule 1: Effective DisciplinaryAction



Confidential & Proprietary 2

TOPICS TO BE DISCUSSED

• CONCEPT OF EMPLOYMENT – What is an employee? – Who are those considered employees under the law? – What are their rights?

• DISCIPLINARY ACTION – Definition – Purpose – Objectives

• DUE PROCESS – Definition – Constitutional Mandate – Type of Due Process

• UNDERSTANDING SECURITY OF TENURE – Definition – What does the Labor Code say?

• THE CONCEPT OF CONSTRUCTIVE DISMISSAL – Instances of Constructive Dismissal

• EFFECTS OF TERMINATION – Just Cause Matrix – Authorized Cause Matrix – Disciplinary Action Process




WHAT IS AN EMPLOYEE?

An individual who works. . .

part-time

or full-time

under a contract of employment whether

oral written express or implied

has recognized rights and duties under the law




WHO ARE THOSE EMPLOYEES UNDER THE LAW?

P R

O J E C T E M P L O Y E E

• Where theemployment hasbeen fixed for aspecific project orundertaking, thecompletion or

termination ofwhich has beendetermined at thetime of theengagement of theemployee in thePhilippines

S E A

S O N A L E M P L O

Y E E

• Where the work orservices to beperformed isseasonal in natureand theemployment is for

the duration of theseason in thePhilippines.

C A S U A L E M P L O Y E E

• An employee whois engaged toperform an activitynot usuallynecessary ordesirable to the

course of businessof the employer ormerely incidentalto the businessand is hired underthe terms of casualemployment andfor a definiteperiod only.

P R O B A T I O N A R Y E M P L O Y E E

• A probationaryemployee is onewho, for a givenperiod of time, isbeing observedand evaluated to

determinewhether or not heis qualified forpermanentemployment




WHAT ARE THEIR RIGHTS?

SECURITY OF

TENURE

MINIMUM WAGE

AND BENEFITS

VALID

TERMINATION




WHAT IS A DISCIPLINARY ACTION?

Disciplinary action is a process for dealingwith job-related behavior that does notmeet expected and communicated

performance standards.

The primary purpose for discipline is to assist the employee to understand that aperformance problem or opportunity for improvement exists . The process featuresefforts to provide feedback to the employee so he or she can correct the problem.The goal of discipline is to improve employee performance .




OBJECTIVES OF DISCIPLINARY ACTION

• To enforce rules and regulations.• To ensure the smooth running of the organization.• To correct unacceptable behavior• To increase working efficiency.• To maintain industrial peace.• To improve working relations and tolerance.• To develop a working culture which improves

performance




Section 1. No person shall be deprivedof life, liberty, or property without due

process of law, nor shall any person bedenied the equal protection of thelaws. (1987 PHILIPPINE CONSTITUTION, ARTICLE III BILL OF RIGHTS)

WHAT IS DUE PROCESS?Due process of law simply means giving anemployee the opportunity to be heard before

judgment is rendered.

Due process of law is a law which hears beforeit condemns, which proceeds upon inquiry andrenders judgment only after trial. (G.R. No. 80587 February

8, 1989 WENPHIL CORPORATION vs. NATIONAL LABOR RELATIONS COMMISSION ANDROBERTO MALLARE)

CONSTITUTIONAL MANDATE AND THUS. . . .Labor laws and procedures are tilted in

favor of the worker under the social

justice principle that those who haveless in life should have more in law. Forthis reason, employers must act withcaution in hiring, supervision, disciplineand firing of workers.BECAUSE THE JOB OF A WORKER IS

CONSIDERED A PROPERTY!!!




TYPE OF DUE PROCESS




Requires that an erring employee,can only be dismissed after he hasgiven a reasonable opportunity tobe heard.

PROCEDURAL DUE PROCESS

“Reasonable opportunity" under theOmnibus Rules means every kind ofassistance that management mustaccord to the employees to enablethem to prepare adequately for theirdefense.

This should be construed as a periodof at least five calendar days fromreceipt of the notice . (KING OF KINGSTRANSPORT INC. VS. MAMAC)

WrittenNotice(NTE)

Hearing Notice ofTermination




UNDERSTANDING SECURITY OF TENURE

Legal protection afforded to employeesagainst summary or arbitrary dismissal bythe employer without just cause.

WHAT IS SECURITY OF TENURE?

UNDER THE LABOR CODE. . . .Labor Code of the Philippines, asamended, specifically, Article 279 of thesaid Code, the security of tenure has

been construed to mean as that “the employer shall not terminate theservices of an employee except for a

just cause or when authorized” by theCode.




BASIS FOR DISMISSAL (SUBSTANTIVE DUE PROCESS)Mandates that an employee can only be dismissed based on just and authorized causes

JUST CAUSES (ARTICLE 282, LABOR CODE)

Other causes analogous to the foregoing

Commission of a crime or offense by the employee against the person of his employer or anyimmediate member of his family or his duly authorized representatives; and

Fraud or willful breach by the employee of the trust reposed in him by his employer or dulyauthorized representative

Gross and habitual neglect by the employee of his duties;

Serious misconduct or willful disobedience by the employee of the lawful orders of his employeror representative in connection with his work;




REMINDER!!! An employee who is terminated from employment for a just causeIs not entitled to payment of separation benefits.

SUBSTANTIVE DUE PROCESS

ABANDONMENT

GROSS INEFFICIENCY

DISLOYALTY/CONFLICT OF INTEREST

DISHONESTY

EXAMPLES OFANALOGOUS

CIRCUMSTANCES




SUBSTANTIVE DUE PROCESS

AUTHORIZED CAUSESAs maybe broadly defined, authorized causes for dismissal of employee refer

to those lawful grounds for termination which in general do not arise fromfault or negligence of the employee. “Authorized causes” are distinguished

from “just causes” under Article 282 in that the latter are always based on acts

attributable to the employee’s own fault or negligence.

Installation of

Labor -SavingDevices

Redundancy

Retrenchment

to preventlosses

Closure or

cessation ofoperations




THE CONCEPT OF CONSTRUCTIVE DISMISSAL

WHAT IS CONSTRUCTIVE DISMISSAL?Constructive dismissal is anemployer’s act amounting todismissal but made to appearas if it were not – a dismissalin disguise. In most cases ofconstructive dismissal, the

employee is allowed tocontinue to work, but issimply reassigned, ordemoted, or his paydiminished without a validreason to do so.

Constructive dismissal does not always involve forthright dismissal or diminution in rank,compensation, benefit and privileges. There may be constructive dismissal if an act of cleardiscrimination, insensibility or disdain by an employer becomes so unbearable on the part or theemployee that it could foreclose any choice by him except to forego his continued employment. (SeeHyatt Taxi Services case, G.R. No. 143204, June 26, 2001.)




INSTANCES OF CONSTRUCTIVE DISMISSAL

Diminution of pay isprejudicial to the

employee and amountsto constructive dismissal

Ordering the employee to

take a leave and transfer byreason of company financiallosses, and upon the

employee's return to work,he was not allowed to enter

the company premises

Putting managers intoexcessively difficult work

situations withoutsupporting their decisions.

Where the transferinvolves demotion ofrank or a diminution of

salary and other benefits

Sabotage of employee's workproduct either directly orindirectly with repeated

interruption, confusing orinaccurate direction, or

uncommunicated deadlinechanges

Failing to pay wages due

Forced resignation




EFFECTS OF TERMINATION

LEGALDISMISSAL

WITH DUEPROCESS

WITH JUSTCAUSE

LEGALDISMISSAL

WITHOUTDUE

PROCESS

WITH JUSTCAUSE





ILLEGALDISMISSAL

WITH DUEPROCESS

WITHOUTJUST

CAUSE

PERFECTILLEGAL

DISMISSAL

WITHOUTDUE

PROCESS

WITHOUTJUST

CAUSE





LEGALDISMISSAL

WITH DUEPROCESS

WITHAUTHORIZED

CAUSE

LEGALDISMISSAL

WITHOUTDUE PROCESS

WITHAUTHORIZED

CAUSE





ILLEGALDISMISSAL

WITH DUEPROCESS

WITHOUTAUTHORIZED

CAUSE

PERFECTILLEGAL

DISMISSAL

WITHOUTDUE PROCESS

WITHOUTAUTHORIZED

CAUSE




DISCIPLINARY DUE PROCESS FLOW

I M M E D I A T E S U P E R V I S O R

H U M A N R E S O U R C E S D E P A R T M E N T

E M P L O Y E E

Yes

No

Provides reason/s andexplanation as to why

the Incident Report wasdeemed invalid

Accepts WrittenExplanation and preparesfor the resolution of the

case

Validates IncidentReport

END

Prepares Incident Reportand NTE, issues the

same to the employee

CASE DISMISSED

Conducts AdministrativeHearing together withOperations Supervisor

IR valid? DetermineGravity ofOffense

ProvidesRecommendations to HR

on the deliberation ofthe case

Yes

No

Finalizes decision

Files all documents

Serves Decision Notice to the employee

CASE CLOSED

Provides WrittenExplanation to HR within

five (5) calendar days




• http://www.blr.dole.gov.ph/ • Azucena, C., The Labor Code with comments and cases. Vol 11, 6 th Ed. 2007

References

http://www.blr.dole.gov.ph/

http://www.blr.dole.gov.ph/

Documents

MWL Module 1 Effective Disciplinary Actions