The end of this series is now on sight, a couple of more posts and we’ll be able to close this topic. For several weeks, we have discussed the different grounds where an employee can lose his job.
There are two approaches to end employer-employee relationship:
- Employee initiated or what we know as resignation.
- Employer initiated or what we know as termination.
The focus of this post is about due process application when employee resigns.
We are all familiar with employee resignation, but have we considered that the 30 days notice is an application of due process? The reason for Art 285 is for the company to have ample time to source for a suitable replacement, and the resigning employee can properly turn-over pending work and accountability.
Exception to the 30 days notice is when grave abuse is committed by the employer. Likewise, the company can waive this right if they opt to accept an employee resignation that is below the 30 days notice.
Because the labor code seeks to be fair on both sides, management was given the prerogative to also end the employer-employee relationship in two ways:
- Authorized Causes or termination brought about by other factors aside from employee behavior, per Art. 283. We have discussed this before, but for purposes of review, due process principle is reflected in these requirements:
- reasonable bases for the actions that will be undertaken
- 1 month notice to both employee concerned and the Department Of Labor and Employment prior to actual date of termination
- Separation pay as prescribed on Art. 283
- Termination due to health reasons. We have discussed this too, in my earlier post (this type of termination is part of the authorized causes, but for purposes of this series, I made a separate blog post)
- Just Causes or termination for a cause. This type of termination is due to unacceptable employee behaviour, per Art. 282.
This will be discussedThis was discussed in detail here: Due Process and Employee Relations
Due process, in a nutshell, is a value adding mechanism that safeguards the interest of both the employee and employer.