Employees have better access to speedy justice during SENA

Enployees especially barely scraping by needs speedy closure to their labor problems.

Usually their claims are simple money claims like payment below minimum wage.

Under the Single Entry Approach, enployees can get their employers on thr table and air their grievances and claim what is due them.

Of course, this proceeding is just summary and works towards amicable settlement.

Nobody not even the hearing officer can coerce the parties to settle. But for claims that are rightfully due and not so substantial, SENA might just give employees speedy justice.

This is not to mention helping to clog the labor arbiters’ dockets.

Retrenchment is a valid way to dismiss employees

Though today’s economy is far from declining, retrenchment is the least of our concern. After all, Retrenchment is dismissal of employees due to economic reasons. That means the employer company is experiencing financial losses.

But just because today’s economy is growing, tomorrow would be rosy.

Continue reading “Retrenchment is a valid way to dismiss employees”

Should an Employee Be First Convicted of Theft Before He Can Be Dismissed?

We hear it all the time. Employees stealing company property. We hear maintenance workers stealing spare parts. Cooks stealing meat from the kitchen. Laborers stealing scrap metal from the company backyard.

The common denominator of them all is that it is very hard to catch them in the act of stealing. It is very hard to prosecute them before the criminal courts. They tend to get away.

Not only that.

Continue reading “Should an Employee Be First Convicted of Theft Before He Can Be Dismissed?”

When a Managerial Employee May Not Be Dismissed on the Ground of Loss of Confidence

As managerial employees, you have to gain the trust and condidence of your employer.

As stated in my previous post, a manager gives up rigid standards for his dismissal upon his promotion.

But is there instance when he cannot be dismissed? In other words, when is dismissal of a managerial employee based on loss of trust and confidence illegal?

Continue reading “When a Managerial Employee May Not Be Dismissed on the Ground of Loss of Confidence”

Termination of a Manager

A manager is someone who occupies a position that handles more than two employees in an establishment or a division.

Since being a manager connotes more responsibility, accepting a promotion to such entails that you surrender the rigid standards before you can be terminated. Unlike a rank-and-file employee, a manager can be dismissed based on loss of trust and confidence.

Thus, the standar is much loose as compared to an ordinary employee. If you are caught stealing, as long as there is a reasonable belieft that you committed or participated, you can be dismissed on this ground. You do not have to be proven guilty beyond reasonable doubt unlike in a criminal case.

You might think that this is too harsh. In a way it is, but the law provides guidelines. One of these is that there must be a basis for the loss of trust and confidence. The employer must not just act in an arbitrary and whismical way.

Terminating a negligent employee

Negligence itself is not a ground for termination. An employer may only dismiss an employee based on negligence if the negligence is so gross as would amount to total absence of even slight care.

So is gross negligence enough?

No, it’s still not enough. The Philippine law on labor is favorable to the employee. This comes from the fact that employment is considered equal to the life of an employee.

Aside from gross negligence. The employee must have acted habitually. It means that the negligent act is repeated. It is not just an isolated act.

For employers, this means that they have to establish a pattern of habituality. Since the burden to prove this is on the employer, they should properly document every negligent act.

To conclude, the labor law supports the maxim that those who have less in life should have more in law.

Can stealing one calamansi get you dismissed from work?

Stealing is dishonesty regardless of the value of the thing stolen. In the Philippines, stealing is a ground for termination of employment based on gross misconduct. See also this post.

Is the employer justified in dismissing an employee for stealing  no matter what the value is of the subject of theft?

Continue reading “Can stealing one calamansi get you dismissed from work?”