Labor Code Simplified: 11 Golden Rules on Employee Discipline and Termination

Labor Code Simplified: 11 Golden Rules on Employee Discipline and Termination
By Atty. Alvin Liao Alburo
The world of labor relations consist of an intricate and complex web that those who dare journey into it with little, or worse without knowledge, are bound to be lost. Business owners who turn a deaf ear on imminent and pressing labor issues are bound to face the inevitable downfall of their business. That is why being well-equipped with knowledge on labor laws, rules and regulations should be a priority of all business owners especially in today’s changing political and economic landscape where focus on labor law compliance has taken center stage.

In this seminar, Atty. Alvin Liao Alburo breaks down the Labor Code with regard to the essentials of employee discipline and termination procedures. He combines his knowledge of the law with his vast experience, among others, as a former Head of the Human Resource and Legal Services Department of a publicly listed company in creating the 11 vital rules, which business owners ought to know in employee disciplinary procedures. With these eleven golden rules, Atty. Alburo warns: “Violate the rules at your own risk.”

  • HR Personnel
  • Business owners
  • Line Managers and Supervisors
  • New HR Personnel

Rule I –The exercise of Management Prerogative must be done in good faith
Rule II –Foster a good and consistent communication with the employees
Rule III –Adopt a well-crafted disciplinary policy and ensure its strict compliance
Rule IV –A well-prepared documentation reduces the risk of legal liability
Rule V – Strictly follow the Just and Authorized causes of termination
Rule VI – The twin requirements of notice and hearing, which constitute due process, should never be compromised
Rule VII – Business owners should be wary of the effects and implications of an illegal dismissal
Rule VIII – The burden of proving that the dismissal is valid lies with the employer
Rule IX – In labor cases, the required quantum of proof is substantial evidence
Rule X – Summons, adverse decisions and writs of executions should not be ignored
Rule XI– Management must ensure that executives, managers, and HR personnel are well-equipped with knowledge of essential labor laws, and its developments

Atty. Alvin Liao Alburo is a practicing lawyer, and the Managing Partner of Alburo Villanueva Law Office, a general practice law firm. He specializes in civil litigation, with focus in family law (i.e. child custody, support, annulment), labor relations and corporate law. He was the former Manager and Head of the Human Resource & Legal Services Department of Crown Asia Chemicals Corporation, a publicly listed company. He was also Legal Officer/Junior Assistant Manager in the Legal Department of Federal Land, Inc., then member of the Metrobank Group, and now of GT Capital Holdings. Atty. Alburo completed his studies in the Arellano University School of Law and the University of the Philippines, taking up Bachelor of Laws and Bachelor of Arts in Sociology, respectively.