LABOR RELATIONS AND STANDARDS Prt 2

Question 1

“A regular employee shall remain employed unless his or her services are terminated for just or authorized cause and after observance of procedural due process.”

Answer 1

SECURITY OF TENURE

Question 2

SECURITY OF TENURE

Answer 2

“A regular employee shall remain employed unless his or her services are terminated for just or authorized cause and after observance of procedural due process. “

Question 3

TERMINATION OF EMPLOYMENT
• Balancing of interests in disciplinary cases
________: right to labor and due process
________: promulgation of rules and regulations and enforce and implement them for efficient business operations

Answer 3

Labor’s interests

Management’s interests

Question 4

TERMINATION OF EMPLOYMENT

May be due to:
•________: act or omission by the employee
•________: exercise of management’s prerogative

Answer 4

JUST CAUSES

AUTHORIZED CAUSES

Question 5

TERMINATION OF EMPLOYMENT

Twin requirements

• Without these two, the dismissal is illegal

Answer 5

• Due process
• Valid cause

Question 6

JUST CAUSES

Answer 6

• SERIOUS MISCONDUCT

• WILLFUL DISOBEDIENCE/INSUBORDINATION

• GROSS NEGLIGENCE AND HABITUAL NEGLECT OF DUTIES

• FRAUD AND LOSS OF TRUST AND CONFIDENCE

• COMMISSION OF A CRIME OR OFFENSE BY THE EMPLOYEE AGAINST THE PERSON OF HIS EMPLOYER OR IMMEDIATE MEMBER OF HIS FAMILY OR DULY AUTHORIZED REPRESENTATIVE

Question 7

JC

; related to performance of duties;

Answer 7

SERIOUS MISCONDUCT

Question 8

JC

must show that the employee has become unfit to continue working for the employer

Answer 8

Serious misconduct

Question 9

Falsification of time records

Answer 9

Serious misconduct

Question 10

• Moonlighting - serving two jobs at the same time

Answer 10

Serious misconduct

Question 11

• Theft of company property

Answer 11

Serious misconduct

Question 12

Fighting within company premises

Answer 12

Serious misconduct

Question 13

JC

Willful/intentional; characterized by a
‘wrongful or perverse attitude’;

Answer 13

WILLFUL DISOBEDIENCE/INSUBORDINATION

Question 14

JC

order violated must be reasonable, lawful, and made known to the employee;

must pertain to the duties he had been engaged to discharge

Answer 14

WILLFULL DISOBEDIENCE

Question 15

Can employees refuse to comply with company rules and regulations by challenging their reasonableness?
• ‘_____. It is impermissible to suspend enforcement of the orders or rules until their legality or propriety shall have been the subject of negotiation, conciliation, or arbitration’ (GTE Directories Corp
v. Sanchez)

Answer 15

NO

Question 16

: absence of care in the performance of duties

: repeated failure to perform one’s duties

Answer 16

• GROSS NEGLIGENCE

• HABITUAL NEGLECT OF DUTIES

Question 17

Examples:
• Absenteeism (requires warnings)
• Abandonment of work

Answer 17

GROSS NEGLIGENCE AND HABITUAL NEGLECT OF DUTIES

Question 18

Positions of trust
• Managerial employees
• Cashiers, auditors, property custodians, etc. handling money or property

Answer 18

FRAUD AND LOSS OF TRUST AND CONFIDENCE

Question 19

Employee holds a position of trust and confidence;

there must be an act that would justify the loss of trust and confidence

Answer 19

FRAUD AND LOSS OF TRUST AND CONFIDENCE

Question 20

‘Conviction of an employee in a criminal case is not indispensable to warrant his dismissal’ (Mercury Drug v. NLRC)

Answer 20

• COMMISSION OF A CRIME OR OFFENSE BY THE EMPLOYEE AGAINST THE PERSON OF HIS EMPLOYER OR IMMEDIATE MEMBER OF HIS FAMILY OR DULY AUTHORIZED REPRESENTATIVE

Question 21

• OTHER ANALOGOUS CAUSES

• ‘Without the necessary teamwork and synergy, the organization cannot function well’ (Heavylift Manila v. CA)

Answer 21

• Attitude problem

Question 22

AUTHORIZED CAUSES

Answer 22

• REDUNDANCY

• RETRENCHMENT

• CLOSURE OF THE COMPANY

•DISEASE OR ILLNESS

Question 23

‘The employer has no legal obligation to keep in its payroll more employees than are necessary for the operation of its business

Answer 23

REDUNDANCY

Question 24

• Services of an employee are in excess of what is reasonably demanded

Answer 24

REDUNDANCY

Question 25

Requisites for a valid redundancy program

Answer 25

• 1 month written notice to employees and DOLE
• Separation pay (1 month per year of service)
• Good faith in abolishing redundant positions
• Fair and reasonable criteria in ascertaining redundant positions: efficiency, seniority, less preferred status

Question 26

• dismissing employees to avoid or minimize losses (must be done BEFORE the losses anticipated are actually sustained

Answer 26

RETRENCHMENT

Question 27

Requirements for valid retrenchment

Answer 27

Done to prevent business losses

Written notice to employees and
DOLE at least 1 month prior to the intended date of retrenchment

Separation pay to employees

Done in good faith

Fair and reasonable criteria to ascertain who would be dismissed

Question 28

• May be partial or total
• In good faith
• 1 month written notice to employees and DOLE
• Separation pay needed, except in cases of serious business losses

Answer 28

CLOSURE OF THE COMPANY

Question 29

• Continued employment is prohibited by law or prejudicial to his health or the health of his co-employees

• Medical certificate NEEDED: disease can’t be cured within 6 months even with proper medical treatment
• 1 month written notice to employee and DOLE
• Separation pay

Answer 29

• DISEASE OR ILLNESS

Question 30

OTHER CAUSES FOR TERMINATION

Answer 30

Failure of the probationary employee to qualify as a regular employee

Totality of infractions doctrine

Question 31

Procedural Due Process

Answer 31

Notice of appraisal: specifying the grounds of termination giving time to employee to rebut

Hearing or conference

Notice of termination: after considering all circumstances

Question 32

: specifying the grounds of termination giving time to employee to rebut

Answer 32

Notice of appraisal

Question 33

What if there was no Due Process?
No due process
Authorized causes:
Just causes:

Answer 33

P 50,000 damages

P 30,000 damages

Question 34

Questioning the Legality of Dismissal

○ Absence of a just or authorized cause
supporting the dismissal

Answer 34

Substantive grounds

Question 35

Questioning the Legality of Dismissal

○ Failure of the employer to give the employee an opportunity to explain his or her side

Answer 35

Procedural grounds

Question 36

TERMINATION BY EMPLOYEE

Answer 36

Written notice at least 1 month in advance

Question 37

TERMINATION BY EMPLOYEE
Written notice at least 1 month in advance No written notice:

Answer 37

○ Serious insult by the employer
○ Inhuman and unbearable treatment
○ Commission of a crime or offense by the employer against the employee