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TERMINATION OF EMPLOYMENT: A course of action that must be done right
April 26, 2019 @ 9:00 am - 5:00 pm₱6500 – ₱8500
Dismissing or terminating the services of an employee is considered part of the exercise of management prerogative as long as this is done correctly. In arriving at this action, employers must always take heed of the main message of the Constitution, the law and jurisprudence: “If you don’t need to, don’t dismiss. If you have to, do it right.”
Termination of employment is regulated by the provisions of the Labor Code on security of tenure. Termination of employment may be voluntary or involuntary, or may be due to disciplinary or non-disciplinary causes. It may be initiated by the employer or by the employee or, exceptionally, by the agreement of the parties. The focus of regulation is involuntary termination, or that in which the employer dismisses the employee and ends the employment relationship without the employee’s consent. Thus, in cases of regular employment, no employee shall be dismissed from his or her employment without just or authorized cause and without due process.
If the employer does not follow the Labor Code, the dismissed employee will have the right to be re-instated to his or her former or equivalent position with full back wages and without loss of seniority rights. In appropriate cases, he or she may also be awarded damages. In addition, the employer also runs the risk of incurring other costs and of undermining its own business reputation and goodwill.
The costs of erroneous or wrongful termination to the employer are high. But these are also totally preventable. Many employers, even at the highest executive and managerial levels, encounter problems in balancing the exercise of their management prerogative with the laws on security of tenure. Most illegal dismissal cases, as can be seen from the decisions of the National Labor Relations Commission, the Court of Appeals and the Supreme Court, do not arise because the law and regulations are not clear but because the employer was hasty or misinformed in effecting the termination.
To this end, it is important for employers to continuously develop holistic knowledge and perspective of security of tenure and management prerogative, the substantive grounds for termination of employment, the correct procedure in doing so, and the risks that any ill-advised action can pose on the business. It is equally important for employers to know that employment termination is not simply a matter of how to end the employment relationship. In illegal dismissal cases, administrative tribunals and the courts often take into account how the relationship was created, the terms of the employment contract, and how the contract was administered. At every stage, the employer must recognize what it can do and cannot do, and that it must do the right thing in all cases.
This one-day course will help employers comply with the law and prevent potential labor problems arising from termination of employment. It will cover relevant principles and rules established in the Constitution, the Labor Code, DOLE Department Order No. 147 – 15, jurisprudence, and practical applications. At the end of the program, participants will be able to:
- Fully understand the concepts and principles of security of tenure and management prerogative in relation to employment termination.
- Appreciate the relationship between security of tenure and the categories of employment.
- Know the types of termination and the substantive and procedural grounds in effecting employment termination, and relate these with company rules and regulations.
- Emphasize measures or means to prevent or mitigate risks and costs associated with termination of employment, especially from the standpoint of executive and managerial decision-making.
- Know about current trends in regulatory and administrative tribunals and courts on security of tenure and employment termination.
- Regulatory framework: Basic policies, laws, regulations and principles
- Labor Code
- DOLE Department order 147 – 15
- Employment Contracts (individual contracts and collective bargaining agreements)
- Security of Tenure and Management Prerogative
- Categories of employment
- Disciplinary and non-disciplinary types of termination
- Due Process Requirements
- Substantive Aspect: Just causes and constructive dismissal / Authorized causes
- Procedural Aspect
- Consequences of violation or con-compliance
- Mitigating risks and costs
- Problem areas
- Preventive and risk-mitigating measures
- Notable trends among companies and regulatory/adjudicatory agencies (DOLE, NLRC, Court of Appeals and Supreme Court)
- Lectures and interactive discussion
- Case studies
ATTY. BENEDICTO ERNESTO R. BITONIO JR
Atty. Benedicto Ernesto R. Bitonio, Jr. is a practicing lawyer with the Bitonio & Bitonio Law Offices. He has served or is serving as a management and policy consultant in several institutions (including as Independent Expert for the International Labor Organization and Labor Regulation Expert for the Asian Development Bank), as well as in private organizations and companies. He is also a professorial lecturer of labor law and industrial relations at the University of the Philippines, and is active as a lecturer or resource speaker in various fora on labor law, industrial relations and related subjects.
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.