Violation ba kapag tinanggal ka sa trabaho ng walang "Due Process”?

Labor Law 2 min read , November 23, 2022
Video

Can an employee claim that his or her disciplinary proceeding has already been prejudged by his or her employer? Is this a violation of the employee's right to due process?

Ito yung tanong ng mga reader natin ngayon na nagsabing:

"Hello, Atty! I was recently fired by my CEO and the reason for the firing is not clear, which part of Company Policy was violated? 4 days after the verbal notice from my CEO, I was given an NTE to explain my side of the issue then while the investigation was happening, the CEO was advising other employees that I am already fired. My question is in due process, the topic should be dealt with confidentiality right? or CEOs can discuss these things openly with other employees? also, can this be called due process when it looks like a decision was already made prior to an NTE, hearing, and decision notice was given to me?"

So in this episode, we will discuss:

  1. Procedural Due Process in Termination of Regular Employment
  2. What is an ample opportunity to be heard?
  3. Termination proceeding is sensitive personal information

But before that, let’s do a shoutout sa nagbigay sa atin ng comment:

I was overwhelmed and overjoyed. Didn't expect it to be so helpful. Thank you so much, the learnings I had were something to carry for future legal scenarios. It was a great experience to be knowledgeable enough about such topics and instances - Christine Lim

Thank you. Please keep watching and sharing. Kung gusto ninyo mag submit ng tanong para sa show, go to www.legalguide.ph and click the submit topic button!

Now, let's get on with the show.

This episode is brought to you by "The Complete Employee Discipline System" A book that teaches owners, managers, and supervisors how to handle any offense easily and systematically.

It provides step-by-step procedures from incident reports all the way to the clearance process. Stand your ground and discipline with confidence.

Go to info.legalguide.ph/discipline to learn more.

The Complete Employee Discipline System

Welcome to Legal Guide Philippines where we simplify the law to help you make better choices. I'm Atty. Erwin Zagala and I'm with my partner, Atty. Ramon Ramirez.

What are we going to talk about?

  1. Procedural Due Process in Termination of Regular Employment
  2. What is an ample opportunity to be heard?
  3. Termination proceeding is sensitive personal information

Additional Resources:

For most of you, this video was more than enough, and if it makes your life easier then you're welcome. But there are those of you who will watch this video and end up asking more questions such as “Attorney how do you start disciplinary proceedings? How do you draft the documents required?”

If that's you then I invite you to check out "The Complete Employee Discipline System" a book where we teach you a road map for handling employee cases from start to finish. Get the book at info.legalguide.ph/discipline today.

One last thing... everyone deserves respect. The boss directs everyone's work, the workers diligently contribute to the company's success, and yes, even employees who are suspected of violations at work. Let's abide by the due process requirements and respect their privacy so that everyone gets a fair shot at defending themselves.

So wasn't that simple? Now go make better choices.

Discipline