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Sample Guidelines in the Conduct of Administrative Hearing or Conference in Employee Dismissal
16
Oct
Due process under the Labor Code involves two aspects: first, substantive––the valid and authorized causes of termination of employment under the Labor Code; and second, procedural––the manner of dismissal. (King of Kings Transport, Inc. vs. Mamac, G.R. No. 166208, June 29, 2007.) Art. 277 [now Art. 294] of the Labor Code provides the manner of […]
Tags: administrative conference , administrative hearing , Atty. Elvin , conference , due process , hearing , just cause , labor , labor code , labor law , procedural due process ,
Hearing may not be Necessary in Dismissal in Certain Cases
19
Mar
Hearing or conference is mandatory if the employee requests for it in writing or when so provided in the company policy based on the ruling of the Supreme Court (SC) in the case of Perez vs. PT&T (G.R. No. 152048, April 7, 2009). Although the law and jurisprudence have been very emphatic in mandating the […]
Tags: Atty. Elvin , confefence , employee , employer , employment , hearing , labor , labor code , procedural due process , termination ,