{"id":10323,"date":"2018-07-25T15:10:35","date_gmt":"2018-07-25T15:10:35","guid":{"rendered":"https:\/\/keblog.demoapp.xyz\/?p=10323"},"modified":"2022-10-19T04:55:22","modified_gmt":"2022-10-19T04:55:22","slug":"how-to-let-go-of-employees-legally-and-gracefully","status":"publish","type":"post","link":"https:\/\/neo-blog.kalibrr.com\/blog\/how-to-let-go-of-employees-legally-and-gracefully","title":{"rendered":"How to Let Go of Employees Legally and Gracefully"},"content":{"rendered":"<article class=\"Post__ArticleWrapper-sc-174xy8l-0 ccdSnC\">\n<div class=\"Post__SectionWrapper-sc-174xy8l-1 jkcuFG\">\n<p dir=\"ltr\">Firing employees is very much like ending a romantic relationship: nobody wants to break <i>nor<\/i> hear the news, and it ends up as a stressful experience to all parties involved. However, like in all relationships, weeding out employees is often necessary and may also be healthy to both the personnel and the company.<\/p>\n<p dir=\"ltr\">Letting employees go in the Philippines is a complicated and arduous process, especially if a company is dealing with workers who have been regularized (i.e., their employment has been deemed &#8216;permanent&#8217;).<\/p>\n<p dir=\"ltr\">According to <a href=\"https:\/\/kittelsoncarpo.com\/labor-employment\/termination-of-employment\/\" target=\"_blank\" rel=\"noopener\">Kittelson &amp; Carpo Consulting<\/a>, a local firm assisting companies planning to set up business in the Philippines, the country is different from places such as the United States when it comes to labor laws. In the U.S., \u201cwhich has an \u2018at-will employment\u2019 doctrine, employers in the Philippines can only terminate their relationship with an employee if a \u2018just\u2019 or \u2018authorized\u2019 cause, as defined under the law, has been established, after undergoing due process.\u201d<\/p>\n<p dir=\"ltr\">Terminating an employee in the Philippines is taken very seriously and can be a complex process, the firm further adds, especially since, when in doubt, the Labor Code of the Philippines is construed in favor of labor.<\/p>\n<p dir=\"ltr\">If a <a href=\"http:\/\/www.laborlaw.usc-law.org\/2010\/01\/30\/just-causes-for-termination-of-employee\/\" target=\"_blank\" rel=\"noopener\">just or authorized cause<\/a> has been established and the company has followed processes in accordance with the Labor Code, an employer may terminate an employee, whether the latter is still under probation or already a regularized worker. However, said termination should be dealt with gracefully and with dignity. Tech-enabled recruitment solutions provider <a href=\"http:\/\/www.kalibrr.com\/\" target=\"_blank\" rel=\"noopener\">Kalibrr<\/a> offers tips for managers and business leaders on how to let go of employees.<\/p>\n<h2 dir=\"ltr\"><\/h2>\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_26 counter-hierarchy\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title\">TOPICS<\/p>\n<span class=\"ez-toc-title-toggle\"><a class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" style=\"display: none;\"><label for=\"item\" aria-label=\"Table of Content\"><i class=\"ez-toc-glyphicon ez-toc-icon-toggle\"><\/i><\/label><input type=\"checkbox\" id=\"item\"><\/a><\/span><\/div>\n<nav><ul class=\"ez-toc-list ez-toc-list-level-1\"><li class=\"ez-toc-page-1 ez-toc-heading-level-2\"><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/neo-blog.kalibrr.com\/blog\/how-to-let-go-of-employees-legally-and-gracefully\/#1_Be_Clear_When_You_Hire\" title=\"1. Be Clear When You Hire\">1. Be Clear When You Hire<\/a><\/li><li class=\"ez-toc-page-1 ez-toc-heading-level-2\"><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/neo-blog.kalibrr.com\/blog\/how-to-let-go-of-employees-legally-and-gracefully\/#2_Do_Not_Demean_and_Humiliate_Employees\" title=\"2. Do Not Demean and Humiliate Employees\">2. Do Not Demean and Humiliate Employees<\/a><\/li><li class=\"ez-toc-page-1 ez-toc-heading-level-2\"><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/neo-blog.kalibrr.com\/blog\/how-to-let-go-of-employees-legally-and-gracefully\/#3_Do_It_Face_to_Face\" title=\"3. Do It Face to Face\">3. Do It Face to Face<\/a><\/li><li class=\"ez-toc-page-1 ez-toc-heading-level-2\"><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/neo-blog.kalibrr.com\/blog\/how-to-let-go-of-employees-legally-and-gracefully\/#4_Make_Sure_It_Is_Legal\" title=\"4. Make Sure It Is Legal\">4. Make Sure It Is Legal<\/a><\/li><li class=\"ez-toc-page-1 ez-toc-heading-level-2\"><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/neo-blog.kalibrr.com\/blog\/how-to-let-go-of-employees-legally-and-gracefully\/#5_Do_Not_Fire_Without_Warning\" title=\"5. Do Not Fire Without Warning\">5. Do Not Fire Without Warning<\/a><\/li><li class=\"ez-toc-page-1 ez-toc-heading-level-2\"><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/neo-blog.kalibrr.com\/blog\/how-to-let-go-of-employees-legally-and-gracefully\/#6_Do_Not_End_the_Meeting_on_a_Low_Note\" title=\"6.\u00a0Do Not End the Meeting on a Low Note\">6.\u00a0Do Not End the Meeting on a Low Note<\/a><\/li><\/ul><\/nav><\/div>\n<h2 dir=\"ltr\"><span class=\"ez-toc-section\" id=\"1_Be_Clear_When_You_Hire\"><\/span>1. Be Clear When You Hire<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p dir=\"ltr\">This is especially important when onboarding an employee who will undergo a probationary period, which in the Philippines should not exceed 6 months. According to <a href=\"https:\/\/lawyerphilippines.org\/2016\/10\/04\/probationary-employees-and-due-process-in-termination\/\" target=\"_blank\" rel=\"noopener\">Atty. Francesco C. Britanico<\/a>, an expert on civil and labor laws, \u201cdue process for a probationary employee consists in having informed [them] of the standards against which [their] performance will be continuously assessed during the probationary period.\u201d This means that at the time of the employee\u2019s engagement with the company, the work standards should be clear to them. they should understand that their performance in the company will be assessed, and that failure to meet those standards will be ground for non-regularization of employment.<\/p>\n<p dir=\"ltr\">One way to keep the hiring and firing process foolproof is to conduct regular performance evaluation. Employers should make the objectives of these procedures clear to their employees, and in order for employee to keep up with the standards against which their performance will be assessed, these evaluations should be honest and transparent.<\/p>\n<h2 dir=\"ltr\"><\/h2>\n<h2 dir=\"ltr\"><span class=\"ez-toc-section\" id=\"2_Do_Not_Demean_and_Humiliate_Employees\"><\/span>2. Do Not Demean and Humiliate Employees<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p dir=\"ltr\">Treat employees with dignity\u2014all the time. According to entrepreneur Mike Kappel, when he needs to fire someone, he always does so in <a href=\"https:\/\/www.forbes.com\/sites\/mikekappel\/2017\/04\/05\/5-tips-on-how-to-fire-an-employee-gracefully\/#93343c629dd5\" target=\"_blank\" rel=\"noopener\">private, behind closed doors<\/a>. \u201cEmployment termination isn\u2019t just bad for that individual\u2014it\u2019s also bad for the other employees.\u201d He said that a manager or business leader risks draining the morale of other employees if they fire somebody in front of everyone. He also suggests firing an employee after the other employees have left for the day, so that they do not need to leave the office in front of their co-workers.<\/p>\n<h2 dir=\"ltr\"><\/h2>\n<h2 dir=\"ltr\"><span class=\"ez-toc-section\" id=\"3_Do_It_Face_to_Face\"><\/span>3. Do It Face to Face<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p dir=\"ltr\">Firing an employee using any electronic method\u2014emails, instant messages, voice mails, phone calls, and most definitely Tweets or Facebook posts\u2014is never acceptable. In fact, doing so will run the risk of the employer getting sued by the terminated employee. In an article posted in <a href=\"https:\/\/www.thebalancecareers.com\/top-10-don-ts-when-you-fire-an-employee-1918343\" target=\"_blank\" rel=\"noopener\">thebalancecareers.com<\/a>, author and human resources expert Susan Heathfield wrote that when a business leader fires an employee, \u201cthey should give them the courtesy that you would extend to any human being. They deserve a face-to-face meeting when you fire an employee. Nothing else works.\u201d She adds that in today\u2019s dominance of social media, the circumstances of the firing will not remain a secret and that the best a company can do is to do it gracefully\u2014and personally. However, in a remote system brought about by the pandemic, this may not entirely be possible. Using a video call may be the most humane option.<\/p>\n<h2 dir=\"ltr\"><\/h2>\n<h2 dir=\"ltr\"><span class=\"ez-toc-section\" id=\"4_Make_Sure_It_Is_Legal\"><\/span>4. Make Sure It Is Legal<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p dir=\"ltr\">As mentioned above, firing a regular employee in the Philippines is an arduous and complicated process. In fact, it cannot be done without just or authorized cause as stipulated in the Labor Code.<\/p>\n<p dir=\"ltr\">According to Atty. Britanico, if an employee is to be terminated based on just cause, they are typically entitled to the two-notice requirement. First, a written notice that should contain the specific grounds for termination against them, along with a directive that they are given at least 5 days to submit their written explanation for why they should not be terminated. The employer should also set a conference or hearing in which the employee will be given the opportunity to explain and present evidence on their behalf. If, however, termination is found justified, the employer should serve a\u00a0second written notice, which shows that all the circumstances involving the charge against the employee have been considered and that the grounds have been established to justify the termination of employment.<\/p>\n<p dir=\"ltr\">The due process for dismissal due to authorized causes is quite different, according to Kittelson &amp; Carpo. It normally involves the following: submission of a written notice of dismissal to the employee specifying the grounds for dismissal at least 30 days before the date of termination, and a copy of the notice to be provided to the Regional Office of the Department of Labor and Employment (DOLE) where the employer is located.<\/p>\n<p dir=\"ltr\">Employers are warned that if due process is not accorded to the employee before termination or the dismissal is declared illegal, the employee is entitled to receive reinstatement and full back-wages.<\/p>\n<h2 dir=\"ltr\"><\/h2>\n<h2 dir=\"ltr\"><span class=\"ez-toc-section\" id=\"5_Do_Not_Fire_Without_Warning\"><\/span>5. Do Not Fire Without Warning<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p dir=\"ltr\">Leave the element of surprise out. Before firing an employee, give them ample warning via regular evaluation or coaching sessions that they are not performing well. Companies are advised to do documented performance reviews at least twice a year. According to Kappel, this gives employers the chance to give employees tips on how they can improve. \u201cIn most cases, giving your employees an honest performance review will kick them into gear, and you won\u2019t need to fire them.\u201d He also advises employers to always give the employee every possible chance to improve first, and that firing should only be used as the option of last resort.<\/p>\n<h2 dir=\"ltr\"><\/h2>\n<h2 dir=\"ltr\"><span class=\"ez-toc-section\" id=\"6_Do_Not_End_the_Meeting_on_a_Low_Note\"><\/span>6.\u00a0Do Not End the Meeting on a Low Note<span class=\"ez-toc-section-end\"><\/span><\/h2>\n<p dir=\"ltr\">Although terminating an employee is demoralizing to both parties, its purpose is not to demean or dehumanize the terminated employee. In fact, everyone\u2019s best interests are served when the employee is able to move forward with their life as quickly as possible, says Heathfield. You want to end the meeting on a positive note. She advises employers to talk about job searching and how to get started. \u201cTell them that their contributions were valued and suggest the type of job that might fit\u00a0their skills.\u201d This does not mean conducting a counseling or sympathy session, they emphasize, but it is best to send someone out the door with words of encouragement.<\/p>\n<p dir=\"ltr\">Firing an employee is not a highly sought-after experience for anyone, but it can be made more satisfactory by using an effective, supportive, and humane approach. No matter how egregious the employee behaved during their tenure in your company, they should still be treated with respect.<\/p>\n<p dir=\"ltr\"><em>Disclaimer: Although great effort has been exerted to come up with this article, it is by no means guaranteed for accuracy and legality. Please seek legal assistance when dealing with and interpreting labor laws.<\/em><\/p>\n<\/div>\n<\/article>\n<div class=\"ant-divider ant-divider-horizontal\" role=\"separator\"><\/div>\n<div>\n<div><\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Firing employees is very much like ending a romantic relationship: nobody wants to break nor hear the news, and it ends up as a stressful experience to all parties involved. However, like in all relationships, weeding out employees is often necessary and may also be healthy to both the personnel and the company. Letting employees [&hellip;]<\/p>\n","protected":false},"author":16,"featured_media":10324,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[16],"tags":[],"_links":{"self":[{"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/posts\/10323"}],"collection":[{"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/users\/16"}],"replies":[{"embeddable":true,"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/comments?post=10323"}],"version-history":[{"count":0,"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/posts\/10323\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/media\/10324"}],"wp:attachment":[{"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/media?parent=10323"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/categories?post=10323"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/neo-blog.kalibrr.com\/blog\/wp-json\/wp\/v2\/tags?post=10323"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}