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TERMINATION OF EMPLOYMENT: How to Avoid Labor Cases
November 29, 2019 @ 9:00 am - 5:00 pm₱6000 – ₱8000
Terminating an employee in the Philippines should not be taken lightly considering that it can be a complex process for employers, particularly when dealing with workers who are regularized, especially for those companies who do not have an HR department.
Termination may be done by the initiative of the employer or the employee.
As for the employers, termination of an employee may be done on the ground of just or authorized cause. As for the employee, termination may be done through their own resignation. For a dismissal to be valid, the rule is that the employer must comply with both the substantive and the procedural due process requirements. As mentioned, substantive due process requires that the dismissal must be pursuant to either just or authorized cause under the provisions of the Labor Code.
On the other hand, procedural due process in dismissal cases consists of the twin requirements of notice and hearing. The employer must furnish an employee with two written notices before the termination of employment can be effected.
When the dismissal is without the required substantive and procedural due process, the Labor Code mandates that the employee is entitled to reinstatement without loss of seniority rights and other privileges and full back wages shall be computed from the time of the employee’s illegal termination up to the finality of the decision. If reinstatement is not possible, separation pay shall be given to the employee. Consequently, the employer may incur huge amount of loss not just in terms of monetary but also as to its reputation.
This one-day program shall help participants comply with all the requirements of a valid termination of an employee, and fully understand all laws, regulations and jurisprudence surrounding the same.
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 it is important for the workers
- Know how to validly terminate employees
- Distinguish substantive and procedural aspects of termination
- Understand and apply the proper due process of termination
- Avoid constructive dismissal
- Strengthen their knowledge on possible problems on termination and avoid labor cases filed before 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.