employer giving a choice of termination or force resignation

hi, im working as a bank collection officer for 5 years now. basically my work is based on qoutas,numbers and production. im a regular employee from a reputable bank. every year were being assest and appraise based on our production and each of us are being rank from highest to lowest. last year i started not to reach our qoutas monthly so my production went from above average to below expectation. now the management says that we will have a admin hearing together with a lawyer and our hr dept, they will ask me to sign a letter of commitment that i will do better this year.Now my manager tell us that there is a provison in our company that if you reached 2 consecutive years having a rating of below expextation they will give you a choice of either to resign and exsit gracefully of forced termination. is that legal?
can an employer terminate a regular employee bec he/she ddnt reach her targets?

one of the the bases for termination under the labor code is gross and habitual neglect. IMO, failure to reach realistic targets for two years can fall under this category.

Don't resign. Let them terminate you. If you opt to voluntarily resign, you close the option of filing a case of illegal dismissal, later on.

Gross negligence has been defined as the want or absence of or failure to exercise slight care or diligence, or the entire absence of care. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.

In one case, the Supreme Court upheld the validity of dismissal on the ground of gross negligence even if the act complained of was not habitual. Thus, a bank employee was found grossly negligent when she delivered newly approved credit cards to a person she had not even seen before and she did not even ask for receipts, thereby enabling fictitious persons to use these cards, causing P740,000.00 loss to the bank. (See Citibank vs. Gatchalian, G.R. No. 111222, January 18, 1995.)

This case illustrates the utter lack of even the basic rudiments of diligence. That is why it is called "Gross Negligence". Habitual absenteeism and tardiness constitute gross and habitual neglect of duty. Repeated acts of absences without leave and frequent tardiness reflect indifferent attitude to and lack of motivation in work. These are examples of gross and habitual neglect.

I respectfully submit that, not being able to hit sales quota, in itself, is not gross and habitual neglect. The company must be able to show specific acts done habitually that indicate that there was an entire absence of care on your part. The Labor Code is a social legislation. That is why it contains this salutary reminder: "in case of doubt, resolve it in favor of labor".

is there a jurisprudence following these case? if so where can i find one?
@ zulfikarl, if they terminate me i wont be able to get a back pay and my insurance like a profit sharing in the company that im paying monthly.

You can visit Chan Robles Library or Law Phil Project. To be able to defend your case, you have to show that the slackening in your performance is caused by external factors such as economic slowdown or tough competition other than your gross neglect to perform according to company standards. You need to understand that the company has the right to prescribe certain standards and as such, it has the corrolary right to enforce the same.

If they terminate you and the Labor Arbiter finds that there was illegal dismissal, you will be entitled to reinstatement plus backpay. I am not sure, though, about the insurance and profit sharing. You can take a look at the company policy on this matter. You may want to examine the company handbook or CBA as the case may be.

the bank is beginning to document everything that you do to prepare their case if they need to terminate you. you should be doing the same by documenting everything and making sure you have documentary proof that you are not being negligent.

focus on doing a good job. good luck.