mwl module 1 effective disciplinary actions
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8/10/2019 MWL Module 1 Effective Disciplinary Actions
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MANAGING WITHIN THE LAWModule 1: Effective DisciplinaryAction
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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
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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
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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
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WHAT ARE THEIR RIGHTS?
SECURITY OF
TENURE
MINIMUM WAGE
AND BENEFITS
VALID
TERMINATION
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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 .
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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
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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!!!
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TYPE OF DUE PROCESS
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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
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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.
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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;
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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
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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
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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.)
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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
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EFFECTS OF TERMINATION
LEGALDISMISSAL
WITH DUEPROCESS
WITH JUSTCAUSE
LEGALDISMISSAL
WITHOUTDUE
PROCESS
WITH JUSTCAUSE
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EFFECTS OF TERMINATION
ILLEGALDISMISSAL
WITH DUEPROCESS
WITHOUTJUST
CAUSE
PERFECTILLEGAL
DISMISSAL
WITHOUTDUE
PROCESS
WITHOUTJUST
CAUSE
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EFFECTS OF TERMINATION
LEGALDISMISSAL
WITH DUEPROCESS
WITHAUTHORIZED
CAUSE
LEGALDISMISSAL
WITHOUTDUE PROCESS
WITHAUTHORIZED
CAUSE
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EFFECTS OF TERMINATION
ILLEGALDISMISSAL
WITH DUEPROCESS
WITHOUTAUTHORIZED
CAUSE
PERFECTILLEGAL
DISMISSAL
WITHOUTDUE PROCESS
WITHOUTAUTHORIZED
CAUSE
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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
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• http://www.blr.dole.gov.ph/ • Azucena, C., The Labor Code with comments and cases. Vol 11, 6 th Ed. 2007
References