The 10 commandments of employee discipline and dismissal
DIRECT FROM THE LABOR FRONT By Atty Josephus B Jimenez (The Freeman) | Updated June 15, 2013 - 12:00am 0 7 googleplus0 0
Last year alone, hundreds of adverse rulings were slapped upon scores of companies, resulting to millions of liabilities. It is sad to note that many employers today, either abetted by their HR and personnel managers, or against the professional advice of HR and lawyers, do not really adhere to the provisions of the Labor Code, on the rules of dealing with their own workers in the matter of discipline and dismissal. Despite all the seminars, workshops and symposia, that HR personnel attend regularly, management never seems to learn. The result could be very damaging, if not disastrous. An adverse decision by the NLRC and the Supreme Court entails not only an order to reinstate workers and pay them full backwages but also moral and exemplary damages. The greatest damage is upon the good name and corporate image and goodwill of the companies, or an irreparable damage on the harmonious relations between employees and management, resulting to declines in productivity, quality and profits. To help address this problem, this writer is now embarking on an advocacy through the PMAP, the official association of people managers in order to address this problem. Last week, I was in Baguio, then to Iligan. Today, I am in Davao then later this week, to Cagayan de Oro, in July in Tacloban, Bicol and Batangas. By August, I will conduct seminars in Cebu, Mandaue, and Mactan on the critical need to go back to the rule of law in leading and managing people. I have 10 commandments on employee discipline and dismissal. First, management should respect the workers' rights in the exercise of the employers' prerogatives to hire and fire people, to transfer, promote and demote. The Labor Code is explicit and unequivocal. The DOLE, NLRC and the Supreme Courts are strict and uncompromising. The second...
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