Champion Labor Disputes: How to Prevent Costly Litigation by Atty. Alvin Liao Alburo

How to Be On Top in Case of Labor Disputes: Best Practices in Employee Discipline and Termination

It has often been said that “in case of doubt, the case must be resolved in favor of labor.” Does this mean that labor laws are always pro-employee? How does the law protect the management against erring and unproductive employees? This seminar aims to discuss the rights of the management vis-a vis employee disciplinary procedures, especially in terminating an employee.
Dismissing an employee, if done outside the bounds of the law, is costly, both in time and money. Following the fundamental procedures in employee termination should be the prevailing stance and outlook in the workplace in order to avoid a costly litigation, and perhaps an even more costly award to the employee.
In this seminar, participants will know the proper procedure in enforcing employee discipline and termination of employment without violating the law. Furthermore, they will understand why the “Constitution was never meant to protect […] the workers who have tainted the cause of labor with the blemishes of their own character.”    

WHO SHOULD ATTEND

• HR Personnel
• Business Owners
• Line Managers and Supervisors
• New HR Personnel
• Expats needing this relevant information about the Philippines

COURSE OUTLINE

I. Constitutional Provisions on Labor, and the Labor Code

• Are labor laws pro-employee?
• Historical background on the Labor Code
• What is Social Justice?

II. Employer- employee relationship?

• How do we establish employer-employee relationship?
• What is the Control test?

III. The rights of the Management

• What is Management Prerogative?

IV. Classification of Employees

• How do we classify employees and what is its implication on their security of tenure?
• Who are managers and to whom do they belong – employers or employees?                                

V. Crafting an effective Employee Code of Conduct

• Creating a positive culture of compliance with the code

VI. Enforcing Disciplinary Actions within the bounds of the law                          

VII. Valid grounds for dismissing an employee

• What are the just and authorized causes for dismissing an employee?
• What are the proper procedures in terminating an employee?

VIII. Practical and important rules in handling employee termination proceedings

IX. Amicable solutions to prevent labor litigations

X. Winning labor cases

XI. Administrative bodies, courts and their respective jurisdictions                          

XII. Survey of Supreme Court Decisions

XIII. Workshop on hypothetical scenarios regarding dismissal of employees – Valid or not valid?  

XIV. Synthesis – Legal Consultation via Open Forum