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Free Legal Advice Philippines » FREE LEGAL ADVICE » LABOR AND EMPLOYMENT » termination based on extramarital affair

termination based on extramarital affair

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1termination based on extramarital affair Empty termination based on extramarital affair Wed Mar 21, 2018 12:52 pm

qp1234


Arresto Menor

Good Day!

An employee in the company is having an extramarital affair with a trainee (OJT) in the company. The trainee is already in legal age. However, the situation is causing concern to the company and its employees.

This is not the first time that this has happened with the employee in question. Back in 2016, he also courted a trainee. The only difference is that the said trainee declined his advances.

What are the steps that should be taken by the company? Is this enough to be considered as serious misconduct and be a ground for termination?

mikos23

mikos23
Reclusion Perpetua

Do you have a policy that covers this? if not maybe you should start developing one. also Try looking at offense against morals if you have one in your policy... if you have it.

When you stated extramarital affair, does this mean the employee is married? is the trainee under him? do you have any solid proof about this?

Steps to be taken - document everything, gather proofs or solid evidences, and then start the disciplinary process.

qp1234


Arresto Menor

Yes. As per our company's policy "Engaging in indecent, immoral acts, which cause scandal and/or loss of public confidence in the company" the penalty of such violation is dismissal from the company.

The employee is married and with a child. The incident has also reached the girl's family and has contacted the company.

qp1234


Arresto Menor

also the trainee is under him. Furthermore, both parties admitted that they are in a relationship.

arnoldventura


Reclusion Perpetua

Aside from immoral conduct, it might even constitute sexual harassment based on your narration, which is a criminal offense aside from the fact that it also constitutes serious misconduct for which he may be disciplined. https://www.alburovillanueva.com/dismissal-termination-employment. He can be terminated, but make sure that you strictly follow the process.

qp1234


Arresto Menor

This is noted. Thank you for your help!

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