about job termination...

[knight007]

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how is the process or the right procedure on how to terminate a regular employee from his work? i would like to know about the whole thing including the lead time of notice, the separation benefits if any... everything about it...

thanks

[cc(,``o]

the most basic is 1 month notice. whether u require them to work or not they are to be paid a month's salary. then if regular employee there's separation pay

[SPRINGFIELD_XD_40]

You must have grounds of terminating an employee other than di lang ka ganahan niya , you are violating a law as an employer .

[kalinaw]

experience naku niadtong gi shutdown ang among gamay nga group deri sa Asia, cause the corporate remodel the business from off-shore to on-shore test development. They also protecting IP espionage through housing both design team & test development to a one secure roof.

- a legal ground to terminate your employment
- HR rictor will buzz-up informing your employment soon to terminate. Henceforth they will offer some options to consider (e.g. job transfer to different division or severance pay).
- most of the employment contract stated the your employer will notify enough leeway. Try to talk with your HR with regards to this matter, different company have different policy. If your company cannot provide the said info. Try to seek advise on your local labor department..
- in case you select employment termination
*** 13 month pay prorated to a # of months you serve in one calendar year
*** you last pay check
*** severance pay, try to talk with your HR different company have different policy. If you find HR folks are not helpful then seek legal advise from your regional labor dept.
*** quarterly bonus if you have
*** repatrition (if believe its not part of youre equation, if you have concern on this send a PM to me)
*** ESPP (if you have, pls send me a PM)
*** ESOP (if you have, pls send me a PM)

[knight007]

daghang salamat kalinaw... pm u

[regina]

most of it is 15days to one month notice. and most of the points that were discussed by @kalinaw above are true. remember, walay company nga mo terminate any employee without due process. if this happens, take legal action.

[otis]

Taken from Handbook on worker's statutory and monetary benefits.
I downloaded this from some government website (philippine)

VIII. SEPARATION PAY
(Art. 283-284)
Separation pay is given to employees in instances covered by Article 283 and 284 of the Labor Code. An employee’s
entitlement to separation pay depends on the reason or ground for the termination of his services. An employee may be
terminated for just cause, i.e., gross and habitual neglect of duty, fraud or commission of a crime, and other similar causes
as enumerated under Art. 282 of the Labor Code and generally, may not be entitled to separation pay.* On the other
hand, where the termination is for authorized causes, separation pay is due.
A. One Month Pay or One-Half Month Pay Per Year of Service
An employee is entitled to receive as separation pay the equivalent to one (1) month pay, or one-half (1/2) month pay
whichever is higher for every year of service, a fraction of at least six months being considered as one (1) whole year, if
his separation from the service is due to any of the following causes:
a. Retrenchment to prevent losses, i.e. reduction of personnel effected by management to prevent losses;
b. Closure or cessation of operation of an establishment not due to serious losses or financial reverses; and
c. When the employee is suffering from a disease not curable within a period of six (6) months and his continued
employment is prejudicial to his health or to the health of his co-employees.
In no case will an employee get less than one (1) month separation pay if the separation is due to the above stated
causes, and he has served for at least six months.
Thus, if an employee had been in the service for at least six (6) months but less than a year, he is entitled to one (1)
full month’s pay as his separation pay if his separation is due to any of the causes enumerated above. Service of one year
and above entitles the employee ½ month pay for every year of service, a factor of at least 6 months considered one year.
B. One (1) Month Pay Per Year of Service
An employee is entitled to separation pay equivalent to his one (1) month pay for every year of service, a fraction of at
least six (6) months being considered as one whole year, if his separation from service is due to any of the following:
a. Installation by employer of labor-saving devices.
b. Redundancy, as when the position of the employee has been found to be surplusage or unnecessary in the
operation of the enterprise;
c. Impossible reinstatement of the employee to his former or to a substantially equivalent position for reasons not
attributable to the fault of the employer, as when the reinstatement ordered by a competent authority cannot be
implemented due to closure or cessation of operations of the establishment/employer, or the position to which he is to
be reinstated no longer exists and there is no substantially equivalent position in the establishment to which he can be
assigned. (per supreme Court Decision)
C. Notice of Termination
The employer may terminate the employment of any employee due to installation of labor-saving devices, redundancy,
retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing
is for the purpose of circumventing the law, by serving a written notice on the workers and the Department of Labor and
Employment through the regional office having jurisdiction over the place of business at least one (1) month before the
intended date thereof.
D. Basis of Separation Pay
The computation of separation pay of an employee shall be based on his latest salary rate.

[otis]

G. 13th Month Pay of Resigned or Separated Employee
An employee who has resigned or whose services are terminated at any time before the time of payment of the 13th
month pay is entitled to his monetary benefit in proportion to the length of time he worked during the year reckoned from
the time he started working during the calendar year up to the time of his resignation or termination from the service.
Thus, if he worked only from January up to September his proportionate 13th month pay should be equivalent of 1/12 of
his total basic salary earned during that period.

[knight007]

thanks guys for the ideas...