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EPS lay-off

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EPS lay-off

Post by tiko_rusl on Thu May 29, 2008 8:30 pm

ask ko lang ... puede bang basta na lang mag lay-off ang isang kumpanya... like for example tinanggal sa trabajo ang eps worker sa katwirang maniha ang negosyo, kahit hindi pa naman tapos ang kontrata ng eps laborer at hindi naman tuluyang nag sara ang kumpanya? anong ahehsya ang puede lapitan sa ganitong sitwasyon?
salamat po .. Question MABUHAY SULYAPINOY!

tiko_rusl
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to na ba sagot sa tanong ko?

Post by tiko_rusl on Thu May 29, 2008 9:33 pm

Restrictions on Dismissal


An employer shall not dismiss his/her worker with no justifiable reasons. In the past, there was a penal provision in the Labor Standards Act that criminally punishes employers for unfair dismissal. However, with the revision of the Labor Standards Act on January 26, 2007 (Act No. 8293), the said penal provision was deleted and the procedures for seeking a remedy for unfair dismissal were unified into the Labor Relations Commissionís system of granting a remedial order for unfair dismissal.
In an effort to enhance the effectiveness of a remedial order by the Labor Relations Commission, the government has introduced the system of imposing charges for failures to comply with a remedial order and penal provisions giving punishment for failures to comply with a confirmed remedial order.
If an employer intends to dismiss his/her workers for managerial reasons, he/she is required to meet and follow strict conditions and procedures. First, the employer should have urgent managerial reasons and make every effort to avoid the dismissal. The employer should also select the workers to be dismissed according to rational and fair criteria and notify the trade union or the workersí representative of the dismissal at least 50 days before the dismissal and consult with them in good faith.
Even in case there is a justifiable reason for dismissal, the employer should notify the worker of the dismissal at least 30 days in advance and if he/she fails to do so, should pay the worker at least 30 days of his/her ordinary wages.

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