On Hiring and Firing Employees



I. On Hiring Filipino Employees

A. The Concept of Employment as distinguished from Independent Contracting

1. The Requirement of Control
2. Contracting for Results

B. Kinds of Employment

1. As to the Nature of Work

a. Regular
b. Casual
c. Project
d. Seasonal

2. As to Status

a. Probationary
b. Regular/Permanent
c. Fixed Period

C. Special Employment Arrangements

1. Apprenticeship
2. Learnership

D. The Legal Effects of Employment

1. Applicability of Labor Standards
2. As to Tenure
3. Illustrative Cases

II. On Firing Filipino Employees

A. The Concept of Security of Tenure

1. Constitutional Guarantee
2. Statutory Guideline

B. The Basic Causes for Terminating Regular Employment

1. The Just Causes
2. The Authorized Causes
3. Illustrative Cases

C. Compliance with Due Process for Just Cause Dismissals

1. The Required Procedure of Notice and Hearing
2. The Administrative Investigation
3. The Notice of Decision/Dismissal

D. The Requirements for Authorized Cause Separations

1. The Implicit Requirement of a Valid Exercise of Management Prerogative: Business Reason and Good Faith
2. The Importance of Selection Criteria
3. 30-Day Notices to the DOLE and the Employee
4. Separation Pay

E. The Other Means to effect Employment Termination

1. Resignation
2. Affliction with a Disease
3. Retirement

F. The Concept of Illegal Dismissal

1. Absence of Valid Cause
2. The Legal Effects of an Illegal Dismissal
3. Non-Compliance with Due Process: Punitive Damages

G. The Concept of Constructive Dismissal

1. Definition
2. Illustrative Cases
3. Legal Effects

H. Adjudicating Illegal Dismissal Complaints

1. The Labor Arbiter
2. The Requirement of Payroll Reinstatement pending Appeal
3. Appeal to the NLRC
4. Resort to the Court of Appeals
5. Final Word by the Supreme Court





 
 
2008 PMAP Theme: Enhancing Philippine Global Competitiveness Through People
Message from PGMA
Message from DOLE Secretary
Message from PMAP President
Proclamation No. 1169
 

Partial Listing of Regular Holidays / Special Non-Working and Working Holidays
Memorandum Circular No. 1, providing Guidelines on the proper compensation on regular holidays, special days, or special working holidays
DOLE Department Orders