Published by Department of Labor and Employment(DOLE) on May 29, 2022.
Requested from DOLE by J. Delos Santos at 09:10 AM on
May 29, 2022.
Purpose: employee rights to a fair admin trial and a due process before terminating contract
Date of Coverage: 05/22/2022 - 05/29/2022
Tracking no: #DOLE-436169095223
R.SALMERO
May 29, 2022, 9:10 a.m.
1393902010852
Hi I would like to request for information regardng the process of terminating an employee. I was working for a BPO company. I was still under training. I admit that i had incurred absences but I have a medical certificate to prove that i was not fit to work. i was terminated verbally by my supervisor without prior notice. i was pulled out suddenly and was taken to a room by my supervisor and she told me that i was already terminated and that i should not report to work moving forward. I just want to clarify if what my supervisor did was just and fair. because as far as i know t
R.SALMERO
May 29, 2022, 9:12 a.m.
Hi I would like to request for information regardng the process of terminating an employee. I was working for a BPO company. I was still under training. I admit that i had incurred absences but I have a medical certificate to prove that i was not fit to work. i was terminated verbally by my supervisor without prior notice. i was pulled out suddenly and was taken to a room by my supervisor and she told me that i was already terminated and that i should not report to work moving forward. I just want to clarify if what my supervisor did was just and fair. because as far as i know there is a due process and in terminating an employee one neutral person should be present which should be the HR, the supervisor should be present as well and the employee. and i know that everything discussed within that meeting should be documented and there should be documents presented as well to show that there was a process followed. please help me because i rely on this job and the people that i support is affected by this unpleasant experience. thank you.
J.BARBOZA
June 1, 2022, 11:15 a.m.
June 1, 2022
Dear Raishelle Mae Rosario,
Thank you for your request dated May 29, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Unjust Termination (process).
We received your request on May 29, 2022 and will respond on or before Jun 17, 2022 09:10:56 AM, in accordance with the Executive Order's implementing rules and regulations.
Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtNDM2MTY5MDk1MjIzDA, for request with ticket number #DOLE-436169095223.
Thank you.
Respectfully,
Jann Barboza
FOI Officer
M.VALEROS
June 1, 2022, 1:26 p.m.
June 1, 2022
Dear Raishelle Mae Rosario Salmero,
Thank you for your request dated May 29, 2022 09:10:56 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
You asked for Unjust Termination (process).
A just cause termination means that the employer has terminated the employment of his/her worker on the basis of serious misconduct that goes to the heart of the employment contract. As a general rule, an employer shall observe procedural due process before terminating one’s employment.
In a termination for just cause, due process involves the two-notice rule. A notice of intent to dismiss specifying the ground for termination, and giving said employee reasonable opportunity within which to explain his or her side. An employee may question his or her dismissal based on substantive or procedural grounds.
The substantive aspect pertains to the absence of a just or authorized cause supporting the dismissal. The procedural aspect refers to the failure of the employer to give the employee the opportunity to explain his or her side.
The DOLE may assist you on this matter through Single Entry Approach (SEnA), which is an administrative approach to provide a speedy, impartial, inexpensive, and accessible settlement procedure of all labor issues or conflicts to prevent them from ripening into full-blown disputes or actual labor case.
SEnA was first introduced through Department Order 107-10 and later institutionalized through the enactment of Republic Act 10396 in 2013 providing for a 30-day mandatory conciliation-mediation for issues arising from labor and employment (i.e., governed by employee-employer relations).
You may wished to visit the DOLE Regional/Field Office which has jurisdiction over your workplace.
Thank you.
Respectfully,
Mark Valeros
FOI Receiving Officer
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