Labor Law Hw

Hanna Clariss S. Quiambao 3HR2 Research Work for HRD107 Q1: What atomic number 18 the requisites for valid termination of example? Ans. Requisites for valid termination 1. Substantial The employer may terminate the services of an employee for nevertheless or authorized causes. The employer has the burden of proving the lawfulness of the employees dismissal in the proper forum occasion for termination collectable to just causes: (Twin Notice Rule) (1) Serve the first scripted celebrate on the employees containing the specific ground/s for termination and a directive that they are given the opportunity to submit their create verbally explanation within a reasonable period.  (2) After helping the first notice, the employers should schedule and conduct a hearing or concourse wherein the employees will be given the opportunity to: (a) exempt and clarify their defenses to the charge against them; (b) Present evidence in assert of their defenses; and (c) Rebut the evidence presented against them by the management.  During the hearing or conference, the employees are given the chance to defend themselves personally, with the assistance of a legate or counsel of their choice. Moreover, this conference or hearing could be used by the parties as an opportunity to come to an friendly settlement.

Note however, that in a recent case square up by the Supreme Court, a hearing or conference is not mandatory. It is enough that the employee is given an opportunity to be heard, which could be through submission of position papers or other evidence. (3)After determining that termination of employment is justified, the employers shall serve the employees a indite notice of termination indicating that: (a) All circumstances involving the charge against the employees chip in been considered; and (b) Grounds have been established to justify the severance of their employment Procedure for termination due to authorized causes: (1) Serve a written notice upon the worker at least one calendar month or 30... If you want to get a full essay, come out it on our website: Orderessay

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