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How to Downsize your Workforce Effectively and Legally during this Pandemic: Application of Authorized Causes on Employee Termination
September 14 @ 9:00 am - 12:00 pm
One event on September 18, 2020 at 9:00 am
One event on September 21, 2020 at 9:00 am
The COVID – 19 pandemic has caught everybody by surprise as this once in a lifetimes global health crises have already spread to every continent in our planet, except Antarctica. At present, cases of the disease are rising daily in some parts of Asia, in Africa, America and Europe. Much more than a health crisis, COVID-19 has already created devastating social, economic, and political crises that is said to leave deep scars to all those persons affected.
Now, employers face the dilemma of retrenching people for their businesses to survive. But the challenge to this how-to retrench people currently?
Retrenching people is the most challenging job of any manager. Deciding who will go and breaking the sad news is not easy. No manager loves to do it, and no company goes unscathed in the process.
People who lose their jobs will be angry, bitter, and feel a sense of betrayal. They and their families are faced with the loss of a job as well as severe financial and emotional pain. Survivors may also feel unhappy and uncertain about the future. Morale will be low, and productivity suffers.
Downsizing may be caused by many factors such as a bloated workforce, economic downturn, automation, mergers/consolidation, restructuring, or fierce competition. The euphemism is “reengineering,” a bloodless term for corporate bloodletting. But whatever it is called, it hits employees like a bombshell. It can be the most unsettling and disruptive event which sometimes, if not managed well, could lead to union organization, strike, or even violence.
There are ways to soften the blow in this heart-wrenching human drama and minimize, if not, avoid lawsuits. Survivors can also continue to be engaged and focused on their jobs or newly designed or expanded jobs.
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 in 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
This is a blended learning methodology wherein participants are obliged to attend the check-in session and access ECOP’s eCampus platform. Learning materials (such as videos, case studies, articles, etc.) will be provided in the eCampus platform. Participants are also obliged to meet with their groupmates to answer case studies.
ATTY. Benedicto Ernesto R. Bitonio Jr. 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.
- September 14-21, 2020 via Zoom and ECOP e-campus
- Check-in session will be on September 14, 18, and 21, 2020 from 9:00 a.m. to 12:00 n.n. via Zoom
Regular Price/Non-member Rate: Php 3,000.00
All ECOP members are entitled to a member-rate discount using a coupon code. To get a code, kindly contact our Training Department at email@example.com.
For a detailed and step-by-step registration guide, click this link: bit.ly/ecophowtoregister
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