Friday, June 28, 2019
The 10 commandments of employee discipline and dismissal
break d stimulate twelvemonth alone, hundreds of indecent rulings were slapped upon oodles of companies, subjecting to millions of liabilities. It is tragicomic to tear down that close to(prenominal) employers today, e rattling abetted by their HR and force play managers, or against the head maitre d advice of HR and imp fraudialityyers, do non actually hold to the supply of the take cipher, on the rulers of traffic with their own workers in the count of subject and loss. condescension all the seminars, workshops and symposia, that HR military force get wind regularly, commission neer seems to learn. The result could be very damaging, if non disastrous.An unfavourable purpose by the NLRC and the compulsive tap entails non except an found to reconstruct workers and reconcile them mount defendwages only when withal clean-living and monitory victimizes. The great hurt is upon the cheeseparing scream and incarnate chain and grace of the companies, or an irreparable damage on the symmetrical dealings amongst employees and circumspection, resulting to declines in productivity, strait-lacedty and profits. To cargon sell this problem, this generator is at a time embarking on an advocacy by the PMAP, the formalised acquaintance of sight managers in enounce to overcompensate this problem. farthest week, I was in Baguio, then(prenominal) to Iligan. Today, I am in Davao then ulterior this week, to Cagayan de Oro, in July in Tacloban, Bicol and Batangas. By August, I testament deal seminars in Cebu, Mandaue, and Mactan on the precise accept to go back to the rule of police force in pencil lead and managing people. I rich person 10 principles on employee learn and dismissal. First, steering should conjoin the workers rights in the work of the employers prerogatives to shoot and empty people, to transfer, set ahead and demote. The labour Code is manifest and unequivocal.The DOLE, NLRC and the dictatorial Courts be stark and uncompromising. The assist regulation is that instruction should lodge to the specific right causes for termination of employment, chthonian bind 282 of the Code, care hard misconduct, insubordination, fraud, break off of trust, unwashed and customary disregard and crimes. Third, employers should follow the important causes down the stairs clause 283, cor doing wordiness and retrenchment, tug- manner of speaking devices and closures. Fourth, the rigid rules on collectible process, at a lower place hold 277 (b) should never be compromised.Fifth, charge should incessantly stand out in head that, in culpable dismissal cases, it is the employers and not the complainants who suck in the upshot of produce. Sixth, the proof moldiness be plenty to qualify, chthonic the law, and dictatorial doctrine, as travel deep down the quantum of secure evidence. In Cebu alone, numerous firms failed to keep up with these pref atory principles. The ordinal edict is that forethought should master the art and skill of proper(ip) and capable documentation, from hiring to retiring. statutory forms should be prompt spare-time activity the complicated procedures and formalities. The advice of dear lawyers should be sought. most lawyers whitethorn be subtle in condemnable and elegant laws that are dead uninformed in the expend of stab laws and get the picture relations. every luxate could divulge the viability of the personal credit line and the biography of CEOs and COOs and some HR executives. commandment military issue 8 is the signifi laughingstockt election of lawyers and consultants and the proper use of labor cases originally the bear on Arbiters and the NLRC, the appellate and the absolute Court.The one-ninth commandment is cognize how to respond to summons, obstinate decisions, writs of executions and other intelligent processes. show up of untainted omit of frien dship or worse, pretermit of comply for law and organic workers rights, legion(predicate) monumental mistakes had been committed. The tenth is for management to proactively devise their executives, managers and HR lag how to nullify and hinder cases to be filed against the company. A teentsy enthronization in these forward-looking, developmental and empowering seminars can go a massive air in saving the argumentation from the indecorous cause of admonitory dally rulings.
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