How to Effectively Terminate a Problem Employee


Are you a business owner or a manager of a company?


Having problem employees is one of the risks that comes with owning or doing business. It’s also part of the fine prints you signed up for when you applied for and accepted the job of manager. 


Unfortunately, firing workers in the Philippines is NOT easy as seen on TV. Hollywood movies romanticizing tough-talking CEOs don’t apply here. You can’t be like Donald Trump and say: “You’re fired!” even in the face of the lowliest of employees and expect to get away with it without grave legal and financial consequences.



MasterClass 3.0



How to Effectively Terminate a Problem Employee and Avoid Costly Illegal Dismissal Cases



Atty. Apollo X.C.S Sangalang

Labor Law Coach

Former Executive Director, National Labor Relations Commission

Partner Speaker, ARIVA Speakers Bureau


Wednesday, June 09, 2021

2:00 PM – 5:00 PM PHT

LEARNING INVESTMENT


Regular Rate: ₱ 3,299 + VAT / Participant

 

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Bayanihan Rate: ₱ 1,299 + VAT / Participant

(Pay on or before May 09, 2021)

 


LEARNING INVESTMENT INCLUDES:


Enjoy a “Fun-filled” e-Learning experience, complete with online session materials

and e-certificate of attendance after online course completion.


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8832-9901 | 8835-9354

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(Smart) 0919-6142598



Webinar Description:


The Philippines has labor laws that give workers a general ironclad protection called “security of tenure.” This simply means that employees cannot be terminated without valid grounds and due process. Failure to respect an employee’s security of tenure, even if he is a real pain in the neck, may result in an illegal dismissal case, which can eventually lead to the closure of your company. 


Having an illegal termination case is no joke. It’s time wasting, emotionally draining, highly risky and very costly, especially for startups and SMEs. But it’s the most common frequently occurring type of labor case in our country.  


This online learning session aims to provide business owners and managers with basic working knowledge and helpful tips on how to effectively and legally terminate erring or problem employees without necessarily hiring a lawyer or an HR consultant. The concerned provisions of the Labor Code, some landmark decisions of the Supreme Court, and fundamental legal principles on employee relations will be explained and interpreted by the resource lecturer in a language that is plain, simple and understandable to the busy and practical-minded entrepreneurs and management professionals.


Webinar Objectives:



The specific objectives of this unique fun-filled e-learning experience are the following:

  • Enhance their knowledge of the Philippine law on employment termination based on “just cause”; 
  • Acquire working knowledge about the legal and documentary requirements of “substantive and procedural due process” in the termination of erring or problem employees; 
  • Improve their skills in instilling and maintaining discipline in the workplace; while at the same time avoiding, if not, minimizing costly illegal termination cases.

Who Should Attend?



The specific objectives of this unique fun-filled e-learning experience are the following:

  • Business Owners (Single Proprietor or Stockholders)
  • Business Managers and other employees
  • Accountants (Whether employee or practitioner)
  • Others who want to know about Expanded Withholding Tax and Fringe Benefits Tax

Webinar Outline:


Session 1: Why this seminar? (Introduction)

Session 2: What is “Security of Tenure”?

Session 3: What is “Just Cause”?

Session 4: What is “Due Process”?

Session 5: What is “Burden of Proof”?

Session 6: What is “Illegal Dismissal”? 

  • What are nightmarish consequences of Illegal Termination?
  • What is “Constructive Dismissal”?
  • What is “Forced Resignation”?

Session 7: How to LEGALLY Terminate a Problem Employee? 

  • What are the basic requirements?
  • What is “Substantive Due Process”?
  • What is “Procedural Due Process”?
  • What is “Substantial Evidence”?
  • What is the “Reasonableness Test’? 
  • What is the “Two Notice Rule”?
  • How to make the First Notice or the “Notice to Explain”?
  • How to make the Second Notice or the “Notice of Termination”?
  • How to conduct a disciplinary “Hearing”?
  • What is the “Proof if Service”?
  • How to prove that the notice has been served?

Session 8: How to EFFECTIVELY Terminate a Problem Employee? 

  • What are the some best practices?
  • How to avoid very costly illegal dismissal cases?
  • What is the “Totality of Infraction Doctrine”?
  • What are “Separate and Independent Legal Actions”?
  • What is the rule regarding “Resignation”?
  • What is the rule regarding “Quitclaims”?
  • What is “Good Faith”?
  • What is “Win-Win Labor Law”?

Session 9: Tips?

  • To Employ or Not to Employ?
  • Employment Relationship versus Non-Employment Relationship?
  • Should we Outsource the Workforce?
  • Direct Hiring versus Job Contracting? 
  • Should we Hire with a view to Fire?
  • What are the “Kinds of Employment”?
  • Regular Employment versus Non-Regular Employment?
  • Should we Ink it to Wink it?
  • Written Employment Contract versus Unwritten Employment Contract?
  • What are “Employment-related Contracts”?
  • What is a Non-Disclosure Agreement?
  • What is a Non-Compete Agreement?
  • Others.
  • Is Clarity the Best Policy?
  • Written Company Policy versus Unwritten Company Policy?
  • What are “Causes Analogous”?
  • Prevention or suspension?
  • What is preventive suspension?
  • What are other preventive measures?
  • Other tips?

Session 10: Do you have questions? (Legal Consultation by way of Open Forum)

Claiming eCertificates


An eCertificate of Attendance will be awarded to participants who successfully completed the entire Virtual MasterClass.


Survey Online Questionnaire will be emailed after the e-Learning Event for participants to give feedback.


An eCertificate of Achievement will be emailed to the registered email address of the participants upon completion of the online Feedback Form.


Please ensure email address provided during registration is accurate or eCertificates may not be received.


Online Certificates will be available 3-5 days after the e-Learning Event.


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Email: SuccessSeminars@Ariva.com.ph



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