Dismissal of Employee

hi po.. ask ko lang po sana legal way para magtanggal ng tao..


lagi po kasi sya nag aabsent and late
hindi pa nagpapaalam..

and natutulog lang sa trabaho.. tamad..

more than a year na sya sa company and kami ay baguhan lang, sopakiramdam nya okay lang ginagawa nya..


i've checked the records of the employee and wala naman po contract na pinirmahan sya simula nung na hire last 2016.

binigyan na namin sya ng memo with his absences and still di pa rin sya nag bibigay ng reply sa memo..

ano po ba magandang gawin para sa gantong empleyado..
please respond po..

1. Send the employee a notice to explain.

Chronicle in specific detail his acts of negligence, absenteeism, and sleeping on the job.

Tell him that he should explain in writing why he should not be fired.

2. Wait for his written explanation and conduct a hearing with the employees who witnessed this person sleeping on the job, or showing this person his time sheet or attendance record.

3. If after you conducted the hearing and you are unsatisfied with his explanation, send him a written notice of termination for gross and habitual neglect of his duties.

However, since it appears that this is the first time you are going to do this, after performing the steps stated above, I suggest that you give this person a FINAL WARNING that any further infraction would be cause for his termination.

kailangan pa ba yung company rules and policy para sa pagbibigay ng memo regarding unauthorize absences? panu kung wala yun?

Wala ba kayong rules and regulations?

Nasa labor code naman ang just cause.

nawawala na po e.. nawala kasi yung ibang mga files dito sa office nung dumating na ko

cite article 282 of the labor code on just cause for termination

If wala kayong rules and regulations, moving forward, start drafting one then re-orientation of employees on the policies

kent101 wrote:nawawala na po e.. nawala kasi yung ibang mga files dito sa office nung dumating na ko

If you're in charge of doing the Admin work, then my advise would be draft the rules and regulations and then be it certified by your company attorney.

Try reading this. https://www.alburovillanueva.com/dismissal-termination-employment. Hope it helps.