I received this question Today:
When my subordinate confessed that he misappropriated our company's fund, i referred the matter to my boss and my boss told me to terminate my subordinate. I served the termination letter without going through the usual process. Am i correct?
Here's my answer:
I think it all depends on where you are practicing your job as a manager or supervisor. Here in the Philippines, where I work, not going through the due process could get you in trouble, especially if you were unable to get written confession or evidence that the person did violate company policies. You can be saved from trouble if the employee does not contest your boss' decision to fire and does not change one's mind about the confession. This is however, no reason to think that what you did was right because the employee can change his mind and contest that decision in a labor forum.
Some managers here in the Philippines, do not care much to follow the process because they get away with it. It's like ignoring the overpass, the traffic light or the crossing lane as one crosses the road and choosing instead to compete with the speeding vehicles. They get away with it several times but they only need one time to get into serious trouble.
Due process in disciplining employees is important. It protects the employees' right and it prevents a company from getting into trouble. The next time you are faced with this kind of situation,I suggest that you go through the process to save yourself and your company from any legal troubles. The Department of labor and Employment in the Philippines shares these information about due process:
What is due process in the context of termination of employment?
Due process means the right of an employee to be notified of the reason for his or her dismissal and, in case of just causes, to be provided the opportunity to defend himself or herself.
What are the components of due process in termination cases?
In a termination for a just cause, due process involves the two-notice rule:
* A notice of intent to dismiss specifying the ground for termination, and giving to said employee reasonable opportunity within which to explain his or her side;
* A hearing or conference where the employee is given opportunity to respond to the charge, present evidence or rebut the evidence presented against him or her;
* A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been established to justify the termination.
In a termination for an authorized cause, due process means a written notice of dismissal to the employee specifying the grounds given, at least 30 days before the date of termination. A copy of the notice shall be furnished the Regional Office of the Department of Labor and Employment (DOLE).