Properly documenting employee termination in the Philippines is essential for both legal and practical reasons. Here are some steps to follow when documenting employee termination:
|➤ Review company policies: Review your company's policies and procedures for employee termination, and make sure that you follow them.
|➤ Create a written record: Create a written record of the termination that includes the employee's name, position, date of hire, termination date, reason for termination, and any other relevant details.
|➤ Provide documentation: Provide the employee with a copy of the termination letter, along with any other documentation that may be relevant, such as performance evaluations or disciplinary reports.
|➤ Document the return of company property: Document the return of any company property that the employee had, such as keys, uniforms, or equipment.
|➤ Comply with legal requirements: Comply with legal requirements for terminating employees, such as providing the employee with their final pay and any separation pay owed.
|➤ Keep confidentiality: Maintain confidentiality of the employee's personal information, and only share information on a need-to-know basis.
By following these steps, employers can help ensure that the employee termination process is documented accurately and effectively. This documentation can be used as evidence in case of legal action, and can also be used for future reference if necessary.
This is in compliance with the Philippine Labor Code, which provides that an employee can only be terminated for just or authorized causes. Just causes include serious misconduct, willful disobedience, and gross neglect of duty, while authorized causes include installation of labor-saving devices, redundancy, retrenchment, and closure of business operations.
An employee who is being terminated for any of these causes must be informed of the reason for the termination, and given an opportunity to respond to the allegations. If the employee is not informed of the reason for the termination, the termination may be considered illegal and the employee may be entitled to reinstatement and back wages.
It is also important to document the reason for the termination and keep it in the employee’s personnel file, as this can be used as evidence in case of any disputes or legal action.
In the Philippines, termination of an employee can be done for various reasons. The most common reasons for termination are:
|➤ Just causes: These are serious and grave offenses committed by the employee that can result in termination. Examples of just causes include gross misconduct, insubordination, willful disobedience, fraud, theft, and habitual neglect of duties.
|➤ Authorized causes: These are circumstances that are beyond the control of the employer and can lead to termination. Examples of authorized causes include redundancy, retrenchment, closure of business operations, and disease or illness that renders the employee unfit to work.
|➤ Illegal or improper acts: These are actions committed by the employee that violate company policies or rules, but are not serious enough to be classified as just causes. Examples of improper acts include habitual tardiness, habitual absenteeism, and violation of company policies.
It is important to note that employers must follow due process when terminating an employee. This includes giving the employee notice of termination and an opportunity to be heard. Additionally, employers must comply with the requirements set by law such as providing the necessary notice periods and separation pay for certain types of termination.