M4.2 S4 Flashcards
Module 4.2 Session 4
T or F
In Post Employment, once employee has security of tenure, you cannot just remove them from their post
True
T or F
Unlike staff or employees who need to renew, employees with security of tenure are somewhat more difficult to remove from their post
True
IF the employee has ____________, the employer shall not terminate the services of the employee except for just cause or when authorized by law.
Security of Tenure
2 Reliefs granted to illegally dismissed employee
Reinstatement
Payment of back wages
5 Kinds of Employment
- Regular employment
- Casual employment
- Project employment
- Temporary employment
- Probationary employment
T or F
Probationary employment has with specific standards for qualification not known to employee
False,
such standards are known to the employee
When does employment ends in Project employment?
once the project is completed
Casual Employee becomes a regular employee after ______
1 year
Kinds of Employment:
performs activities which are not necessary or desirable
Casual Employment
Kinds of Employment:
employee performs activities which are usually necessary or desirable in the usual business or trade of the employer
Regular employment
Kinds of Employment:
Has certain period to renew, example every year
Casual Employment
Kinds of Employment:
necessary or desirable but for a specific period
Temporary employment
T or F
A company/organization should make sure that any staff who went through 6 months of probationary period have a definitive answer if employment will proceed or not.
True
Serious Misconduct or willful disobedience
Just Causes
Kinds of Employment:
fixed for a specific project or undertaking
Project employment
Probationary employment only covers a duration of _______
6 months
Kinds of Employment:
period during which the employer determines the fitness of the employee
Probationary employment
2 possibilities after 6 months of a probationary employee
-becomes regular
-employment ends if not regularized
2 Lawful Causes for Termination
Just Causes
Authorized Causes
Transgression of an established and definite rule of action
Serious misconduct
basically not complying with authority, not doing tasks intentionally
Willful disobedience
Willful disobedience should be:
- Order must be ____ and _____
- Sufficiently known to the ______
- In connection with the _____ of the employee
- reasonable, lawful
- employee
- duties
T or F
Not all just causes should be justified or has proper evidence.
False,
any just causes should be justified or proper evidence should be given.
Examples of Authorized Causes
- Installation of Labor-saving device (automation)
- Redundancy
- Retrenchment
- Disease
Example of Just Causes:
- _____________ by the employee of his duties
- ___________ of Trust
- ___________ or _______ by the employee against the person of the employer or any immediate member of his family or his duly authorized representative
- Other ______ causes
- [Gross and Habitual Neglect] by the employee of his duties
- [Fraud or Willful Breach] of Trust
- [Commission of a Crime or Offense] by the employee against the person of the employer or any immediate member of his family or his duly authorized representative
- Other [analogous] causes
Authorized Cause wherein:
Machine can do the job so human labor is terminated
Installation of Labor-saving device (automation)
Authorized Cause wherein:
If position is occupied by 2, for example if a department closes
Redundancy
In Authorized Causes:
Retrenchment occurs when the company has
- substantial losses
- imminence
- retrenchment is proven to effectively prevent such losses
T or F
Retrenchment is allowed even without evidence
False,
it should be proven with substantial evidence
T or F
Even regular employees are retrenched and cannot complain because of authorized causes.
True
In Authorized causes:
Disease is only an authorized cause if it is incurable within _______
6 months
In Authorized cause due to Disease,
continued employment is ____ or _______
-prohibited by law
-inimical to his health or that of his co-workers
What are the 2 due process for termination?
- Written notice should be served upon the employee
- Written notice of termination
In Authorized cause due to Disease,
there should be a certificate from ______
competent authority
Examples of disease which are unjust causes
HIV
Hepatitis B
The written notice served to the employee should:
- specify ground for termination
- allow opportunity to explain
T or F
All organizations, regardless how grave the case is, there should be written notice of termination and not just immediately terminate the employee.
True
T or F
Organization are not required to undergo due process
False,
Organization need to still undergo due process because lack may lead to legal technicalities (ex. illegal termination)
T or F
Employee does not have the right to terminate the contract or the job
False,
Employee also has the right to terminate the contract or the job
What are the conditions in Termination by Employee
- If without Just Cause -> notice should be served at least 1 month before termination
- If with Just Cause -> termination is allowed without serving notice
2 conditions in Retirement
- In 65 years old –> compulsory
- In 60 years old –> optional
Retiring in 60 years old is optional but employee must have served at least _______ and they are entitled to _________ salary for every year of service
-5 years
-1⁄2 month’s salary
T or F
Managers does not have immense responsibility to determine the employment status of their staff.
False,
Managers have immense responsibility to determine the employment status of their staff.
The _______ of employees must go through the process mandated by the law.
termination
Proper documentation of the violation committed is crucial when terminating employees due to _____________.
just causes
