Can an employee be placed under suspension while the investigation and/or hearing for the charges filed against them is ongoing?
-Yes, but only on grounds where the employee’s continued presence inside the company premises poses a serious and imminent threat to the life or property of the employer and/or the other employees in the company.
285 of the Labor Code which recognizes two kinds of termination an employee can initiate – without just cause and with just cause.
If the resignation is without just cause, the employee must give a one (1) month advance written notice for resignation (commonly referred to as a “resignation letter”) to the employer to enable them to look for a replacement and prevent work disruption.
According to Article 282 of the Labor Code, an employer can terminate an employee for just causes, which could be any of the following: Employers can also terminate an employee based on authorized causes like business and health reasons. 283 of the Labor Code states that an employee can be terminated due to business reasons such as: For termination of employment based on health reasons, employers are allowed to terminate employees found suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-workers (Art. The employer must obtain from a competent public health authority a certification that the employee’s disease is of such a nature and at such a stage that it can no longer be cured within a period of six (6) months even with medical attention.
This type of termination is strengthened by the provisions of Art.Just cause involves a two-notice rule while authorized cause requires a 30-day notice.If due process is not accorded to the employee before termination of the employment or the termination itself is declared illegal, the employee is entitled to receive reinstatement and full backwages (Art. If reinstatement is no longer possible where the dismissal was unjust, separation pay may be granted.On what grounds may an employee question their dismissal?-An employee may question their dismissal based on substantive or procedural grounds: Suppose the employer denies dismissing the employee, who has the duty to prove that the dismissal is without valid cause?9, Series of 1997, an employee should be reinstated to their former position or in a substantially equivalent position after the prescribed 30-day period.If this could not be possible, the employer can extend the period of suspension provided that during such period, he or she pays the wages and other benefits due to the employee.In establishments with a collective bargaining agreement (CBA), the dismissal may be questioned through the grievance machinery established under the CBA.If the complaint is not resolved at this level, it may be submitted to voluntary arbitration.In such cases, the worker shall not be bound to reimburse the amount paid to him during the extension if the employer decides, after completion of the investigation and/or hearing, to dismiss the worker.May an employee question the legality of his or her dismissal? The legality of a dismissal may be questioned before the Labor Arbiter of a Regional Arbitration Branch of the National Labor Relations Commission (NLRC) of the Philippines, through a complaint for illegal dismissal.