Every organization faces employee problems along the way. Some problems such as frequent absences, tardiness, low performance level, and dishonesty are common. In Western Society, it is easy for an employer to terminate in an instant an erring employee. However, in the Philippines, it is difficult due to the labor laws that Philippines has favoring employees.
In the Labor Code of the Philippines, the types of employee problems has been defined to give classification and guide for employers to follow. For instance,
In order for easy handling of cases, private companies usually creates employee manuals as a source of guide of disciplining employees. The manual provides for basic information on the rights of employees such as service incentive leaves, entitled benefits from the company, hours of work, overtime pay, excused absences, and holiday pays. It also provides for the basic rules and regulations of the company, the offenses subject to sanctions and the manner on how the employee can answer for such allegations.
Other than this, the employee manual contains the mission, vision, goal of the company that could motivate employees to perform their tasks well. It also provides for the standard operating procedures in pertinent processes that the employer deem to inform all employees as general conduct.
Verbal and Written Warnings
Before an employer decides to terminate an employee, verbal and written warnings are necessary to help both the employer and the employee decide on what to do with the work commitment and contract both entered upon employment. The number of verbal and written warnings will depend on the gravity of the offenses violated and the reasons given by the employees for such. However, there are offenses that could subject the employee a grave offense that is difficult to justify like theft and estafa which would likely make the employer be justified for the termination. In all cases, due process is needed for the employee to defend his side and justice be uphold honoring labor laws.
These warnings should be recorded properly and copies be given to the concerned employees and respective heads assigned for the employee. It is not a task of the Human Resource Officer/Manager to give the warnings because the employee is not under his supervision, but the task lies on the supervisor or manager or direct superior concerned wherein the employee reports for duty. The Human Resource team only facilitates such due process and help follow legal grounds for employee termination or suspension cases.
Constructive Dismissal – Not Allowed
Constructive dismissal which means doing tactics and ways for the employee to resign or to terminate his services intently done by the employer is not allowed. The employee by all means is entitled to due process of law. On the other hand, valid reasons under the law for termination of employment are also given so that employers will not have a hard time disciplining the employees.