ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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MON-SAT 8:30AM-5:30PM

June 1, 2022

ILLEGAL DISMISSAL Cases: How to avoid them

     Illegal dismissal cases under normal days are proven to be costly for employers. How much more during this time of COVID-19 Pandemic where resources and time are more vital for the operation and survival of business establishments? You don’t have to be a lawyer to understand labor law.

     Labor relations has always been a maze of never ending complexity that those unequipped with legal knowledge and skills are bound to get lost in a state of confusion; worse, may even cause the unnecessary bleeding of company coffers. Business owners who are experts in their businesses may meet their downfall if they ignore the imminent and pressing labor issues especially now that many industries are being challenged by COVID-19 Pandemic. Thus, the significance of having the fundamental knowledge and skills on labor laws, rules and regulations, along with the latest and relevant labor advisories, which support those who are marching in today’s changing political and economic landscape.

      In this webinar, the Labor Code, supplemented by current relevant labor advisories will be discussed in a practical manner that will equip the participants with fundamental knowledge and skills on employee discipline and termination procedures they will need during this pandemic.

I. The Labor Code Introduced

  • What are the pertinent constitutional provisions on labor law?

II. Identifying Employer – Employee Relationship

  • How do we determine if there is employer-employee relationship
  • What is the relevance and significance in determining whether or not there is employer-employee relationship?

III. Learning about management prerogative

  • What are the relevant rights of management?
  • Management prerogative during COVID-19 Pandemic
    • Adoption of Flexible Work Arrangements
    • May you transfer an employee to another branch or outlet?

IV. Classification of Employees and the right to security of tenure

  • Non-inclusion of one-month Enhanced Community Quarantine period on the sixth-month probationary period

V.  The Employee Code of Conduct: Dos and Don’ts

  • Constructing a well-crafted disciplinary policy compliant with the law
  • Revisit and Revise Employee Code of Conduct, if proper, to comply with April 30, 2020 DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19

VI. Grounds for Dismissing an Employee

  • Just and Authorized Causes of Employment Termination
  • Is COVID-19 Pandemic a Just or Authorized Cause?

VII. Due Process: Correct procedures in dismissing an employee

  • Twin Notice Rule
  • Conducting Administrative Hearing
  • Proving the validity of a dismissal
  • Time to pay or release final pay
  • Issuance of Certificate of Employment

VIII. Handling and Winning Labor Cases: Procedures to Follow

  • Providing the required quantum of proof: substantial evidence
  • What is summons?
  • Risks of ignoring summons, adverse decisions and writs of execution

IX. Supreme Court Decisions on Employee Discipline and Dismissal

X. Open Forum

  • E-CERTIFICATE
  • HAND-OUTS
  • FREE LEGAL CONSULTATION with the Speaker at the end of the webinar

TRAINING VIA ZOOM WEBINAR

CONTACT DETAILS

Ms. Ely Denaga

Contact No. (02) 7745-4391

Mobile: 09778050020   |   09175771536

Email: seminars@alburolaw.com  |  trainings@alburolaw.com

 


Meet Our Speaker!


Atty. Alvin Liao Alburo is a practicing lawyer, and the Managing Partner of Alburo Alburo and Associates Law Offices, a law firm which specializes in business law and labor law.  

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2 thoughts on “ILLEGAL DISMISSAL Cases: How to avoid them

  • i had a stroke last October and was told not to return to work. i have not worked since this time or been paid for earlier work. i was mathematics tutor at a Korean language academy.I have now fully recovered

  • Good day Po ask ko lang Po nag dole Po ako sa agency ko tapos nag usap Po kmi via zoom lang Po ang kinaso ko Po sa agency ko illegal dismisal Hindi Po kmi nagkaayos kaya binigyan Po ako ng referral for NLRC kaso Hindi kopo naasikaso pwede ko pa Po ba ituloy yon ngaun maraming salamat po sana Po masagot nyo Po katanungan ko

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