Since the signing of DOLE Department Order 174, HR practitioners are seeking clarifications. Here’s a comparative table for reference and guidance.
Preventive suspension is a measure to protect company’s property pending investigation of any alleged malfeasance or misfeasance committed by an employee
A notice of decision memo is the 2nd of the twin notice rule. It contains the decision arrived after conducting an administrative investigation.
One interpretation is 6th month employment anniversary; Another interpretation is 180 days, counting 30 days for each month. But which one is correct?
Extension of probationary period is possible but not the general rule, lest it becomes a ploy to take advantage of the employee.
An ADMINISTRATIVE MEETING is necessary in termination cases to ensure employee under investigation is afforded all opportunity to due process
Admin meeting is a formal forum to prove an incident or case.
Ending endo is akin to relationship status- it’s complicated.
NOTICE TO EXPLAIN is a legal requirement, the first of the two-notice rule.
A supervisor is not when s/he spend more than 20% of his/her time to tasks not related to management functions.
Social responsibility refers to the global initiative to improve working condition and conformance to universal rights on labor standards.
In your case regularization happened regardless of the lack of regularization contract.
When facing an office bully, you need to hold your fire, until you have evaluated your situation, profiled your aggressor and covered your bases
Workplace harassment is more classy than ordinary bullying bec. the objective is defined before the aggression starts.
One mode to non regularize a proby employee is to let the probationary contract expire, according to this SC decision
“The state affords the constitutional blanket of rendering protection to labor but it also protect the right of employers to exercise what are clearly management prerogatives, so long as the exercise is without abuse of discretion.” Pantranco North Express vs. NLRC GR No. 106516, Sept. 21, 1999.
Ending an employer-employee relationship is subject to due process, whether it is employee (resignation) or employer (just or authorized causes) initiated
Companies are given prerogative to terminate employment for health reasons provided it met the requirements of Art. 284. From my experience, however, some employers take a more generous and benevolent stance rather than using this provision of the law.