I am an HR Manager having an issue with a fellow Manager.
The scenario is:
Our top management implemented a "Prioritize Regular Employee first" rule and let go of the Probationary and On-call employees.
The manager removed 5 employees (Regular) which by law is not allowed, specially if there was no proper reason provided for the removal.
This caused a big concern for me and my team in the HR Dept.
The order given to all managers is to prioritize our Regular employees and not remove them. If ever the Regular employee is not a performer, they may be moved to another department and not be removed from the company. It was crystal clear for all of us (Other managers).
However the move made by said manager is not in line with the direct order from top management.
I tried my very best to help our Regular employees. I got to find a transferring department for the said 5 employees. However 3 of them decided to resign instead.
This 3 employees decided to resign, however they are demanding for separation pay to be given to them.
I have advised them that they will not be receiving any separation pay because they are not being terminated. I told them also that they will get their 13th month pay and past pay since they have decided to resign.
1 employee threatened to file a case in DOLE. I tried to find a solution to have them stay in the company. However "nagmamatigas siya"
What should I do with the manager who made this mistake? (I pushed for an insubordination case against this manager) Is there anything else that this manager is responsible for?
What should I do with the employees who resigned and also that employee who threatened to file a case in DOLE?
I would deeply appreciate your Legal advise on this concern.
Thank you.