Book Title: Guide to Valid Dismissal of Employees
Author: Atty Elvin Villanueva
Year Published: 2010
For a company, it is only a matter of time before one of its employees files an illegal dismissal complaint against it. When it happens, it could bring serious drain of resources.
Defending a company from an illegal dismissal case requires careful preparation due to pro-labor presumptions by law. Raising a good defense requires adequate knowledge on the basics of employee dismissal.
This is where this book comes in, to equip HR practitioners and employees of the ways to validly dismiss the workers. The defense actually begins prior to dismissing an employee not during or after.
In a nutshell, to dismiss an erring employee requires just cause or grounds for dismissal found in Article 282 of the Labor Code. If the reason for the removal of the employee is retrenchment, redundancy, etc., the basis for termination is found in Article 283. If due to disease, it is Article 284.
Second, it is not enough that there are justifications for dismissal. There must be due process also or the notice and hearing.
The book shows certain pitfalls that must be avoided in dismissing or terminating an employee to prevent payment of backwages and moral damages. Ultimately, it helps HR Practitioners decide whether or not to dismiss a worker.
In the first place, the triggering factor of an illegal dismissal case is the dismissal of the employee itself. At the end of the day, this book teaches that if the company cannot dismiss the employee validly, it should not dismiss him at all.