To the extent that employees have certain rights guaranteed by law, employers also have inherent rights in conducting their business and regulating their employees in all phases of employment from the time of hire, assignment and transfer. of employees, dismissal of employees benefits and working conditions, disciplining until the dismissal of employees. These rights are provided for by law in the exercise of its management prerogatives.
The last phase of employment or termination of an employee is the most talked about topic in labor and employment.
In fact, the employer has the right to discipline its employees to the point of firing those who have violated the employer’s rules and regulations. This right is available to employers for their own preservation.
However, the government, by authorizing the employer to fire employees who have made mistakes, continues to provide reasonable guarantees to employees. Employees should only be legally fired.
So when can an employee be validly terminated?
An employee may only be terminated for causes permitted by law and if due process is followed.
Termination Causes
There are two types of grounds for the employer to fire their employee. They are just causes and authorized causes.
Just causes are those causes that are within the control of the employee. These are: gross misconduct or willful disobedience of the employee; gross or habitual neglect of assigned duties; Fraudulent acts or willful breach of the employment contract entered into by both the employer and the worker, as well as the trust placed in the worker; commission of a crime or misdemeanor against the employer, his relatives and his authorized agents; and other similar causes.
Authorized causes are those matters that are not under the control of employees. These are the ones that will help the employee to prevent business loss or employer business closure by employing some labor saving devices. Authorized causes also include illnesses detrimental to the health of other employees due to the communicable nature of the illness, or when medical findings reveal that normal medical treatment is not sufficient as a cure.
What is Due Process Procedure?
Due process is required by law to fire or terminate an employee. The standard due process established by law is the dual requirement of notice and hearing. The absence of either will make the employer liable for statutory damages.