ask ko lang po....

by haejin Tue Apr 21, 2009 10:14 pm

sir, pwede po bang paalisin ang isang tao kahit d pa tapos ang contrata n ang dahilan ng vice president ay walang gawa...thanks...

by neon_rq Wed Apr 22, 2009 9:21 am

haejin wrote:sir, pwede po bang paalisin ang isang tao kahit d pa tapos ang contrata n ang dahilan ng vice president ay walang gawa...thanks...

for me its a valid reason ng company na paalisin ang isang tao but in a legal manner...

by dave Wed Apr 22, 2009 9:50 am

sir, pwede po bang paalisin ang isang tao kahit d pa tapos ang contrata n ang dahilan ng vice president ay walang gawa...thanks...

kabayan,

1) Pursuant to Article 23 of the Labor Standards Act, an employer shall not dismiss, suspend, or take other punitive measures against an employee without giving justifiable reasons. However, if there is an urgent managerial need, an employer may dismiss his/her employee based on the managerial reasons.

※ Following cases fall under the category of managerial reasons for dismissal: economic crisis at the company in the wake of persistent bad management; removal of some business activities due to poor performance; structural adjustment, technological innovation, sectoral change in order to improve productivity; business transfer or merger to prevent further deterioration of business conditions; employee redundancy as a result of organizational reform, etc.

2) If an employer wants to dismiss his/her employee, he/she should make a written notice on the reason for dismissal, the date of dismissal, etc and follow a set of procedures for dismissal stated in the rules of employment and the collective agreement, etc.

3) Therefore, if an employer hiring 5 workers or more dismisses a worker without justifiable reasons, the worker can apply for remedy to the Labor Relations Commission (Regional Labor Office covering your workplace) within 3 months from the date when he/she is dismissed. If the Commission determines that the dismissal is unfair, it may order the employer to restore the worker to the previous job or pay monetary compensation including money equivalent to the wage and bonus for the unfair dismissal.

4) Pursuant to Article 26 of the Labor Standards Act, an employer who intends to dismiss his/her monthly-paid worker who has worked for 6 months or more in the workplace concerned shall give an advance notice to a worker at least 30 days before dismissal or pay ordinary wages of more than 30 days to the worker as dismissal advance notice allowance. (This provision applies to the workplace with a worker or more.)

5) Whether the reason for termination of employment relationship is justifiable, and whether the procedure for dismissal is proper, and whether you are eligible to be paid dismissal advance notice allowance are to be checked up through fact-finding between the parties concerned. If you think that the reason for employment termination is not justifiable or the procedure for dismissal is not proper, you can apply remedy for unfair dismissal to the competent labor relations commission covering your workplace. And if you file a petition for overdue dismissal advance notice allowance to the local labor office covering your workplace, your right could be remedied based on the result of an investigation conducted by a labor inspector.

For more information, you may contact me at 010-9294-4365 or you may call the Labor Office (english available) directly at 031-345-5000-# then after hearing a voice, press 7

Thank you.

by haejin Wed Apr 22, 2009 7:07 pm

thanks....God bless

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