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TERMINATION OF EMPLOYMENT: How to Avoid Labor Cases
August 16 @ 9:00 am - 5:00 pm₱6000 – ₱8000
There are two kinds of termination. First, employees may terminate his employment, in this case, resign from the company. Second, companies may terminate their employees on the ground of just or authorize causes.
The second type of termination often posts problems to employers. Employers wanted to root out employees in their company (e.g. employees who violated company policies; underperforming employees; employees who were terminal ill; company who want to downsize; etc.) by terminating them. To expedite the termination process, employers often result to constructive dismissal resulting to the resignation of the employee or terminate the employee without following the statutory process of termination. These practices may result to labor cases that can strike a huge cost and reputation to the company.
This one-day program will help employers avoid potential labor problems that resulted from illegal termination. The program will also give the participants a background on the principles of termination coming from the constitution, labor code, department order 147 – 15, and jurisprudence. Participants will also learn the substantive aspects of termination.
At the end of the program, participants will be able to:
- Know the types of termination of employment
- Know and understand what security-of-tenure is, and why workers are fighting on it.
- Know how to terminate employees on the basis of their employment types
- Distinguish substantive aspects of termination
- Understand and apply the proper due process of termination
- Avoid constructive dismissal
- Strengthen their knowledge on what to do when a termination case is about to take place in their enterprises, thus, to avoid labor cases at the NLRC
- Sources of Basic/Law Principles
- Constitutional Guarantee: Security of Tenure
- Labor code
- Doctrine of Statutory Due Process
- DOLE Department order 147 – 15
- Security of Tenure
- Scope: types of employment
- Scope of Management prerogative
- Statutory Due Process
- Substantive Aspect: Just / Authorize causes
- Procedural Aspect: Requirements
- Sanctions for Violation/non-compliance
- Substantive Aspect
- Procedural Aspect
- Constructive dismissal
- Causes of Termination Under the Collective Bargaining Agreement
- Voluntary Separation
- Payment of Separation Pay
- Case studies
Subject matter expert:
ATTY. BENEDICTO ERNESTO R. BITONIO JR
Atty. Bitonio is a practicing lawyer, an independent consultant, and a professorial lecturer at the University of the Philippines. He is a subject matter expert on industrial relations, employment, labor law and regulation, public management, and development management and finance. He has done policy, management, legal and labor relations consulting in several national institutions and private companies in the Philippines including with the Employers Confederation of the Philippines, and in international organizations such as the International Labour Organization (ILO), the Asian Development Bank (ADB) and the ASEAN Trade Union Council. He has been a consultant on projects for strengthening industrial relations institutions in the Philippines, Cambodia, Vietnam and Indonesia. He has broad knowledge of international labour standards and of labour and employment relations and economic integration issues in South East Asia and the Pacific. He is frequently invited to speak in national and international forums and has published articles and papers on labour and industrial relations.
Prior to engaging in private practice and consultancy, Atty. Bitonio served the Philippine government for twenty years, including as director of labor relations, assistant secretary and undersecretary of the Department of Labor and Employment; chairman of the National Labor Relations Commission; and executive vice president and chief development officer of the Development Bank of the Philippines and chief executive officer of the Industrial Guarantee and Loan Fund. In various years, he was Philippine government adviser/delegate to the annual International Labour Conference (ILC) in Geneva, served as Philippine representative to the ILO Governing Body in 2004 to 2006, and chaired the Committee on Technical Cooperation in the ILC in 2006.
Atty. Bitonio obtained degrees in Bachelor of Arts and Bachelor of Laws from the University of the Philippines, and a Master in Public Management degree from the National University of Singapore (NUS) during which he was also an executive fellow at the Kennedy School of Government, Harvard University. He is currently based in Metro Manila, where he also lives with his wife and daughter.
Register today and avail our early bird discount:
A 10% discount will be given if payment is received 7 days before the course commences. Payment on-site and walk-in participants will pay the regular fee.