Depending on the grounds and terms of separation from service, employees will be
admitted to the following procedure before their official exit from the
institution.
·
Completion of Clearance
·
Completion of Exit Interview Form
Retirement
Retirement age for all ESS employees is 60 years old. Upon retirement of an
employee, his services maybe continued or extended on a case-to-case basis upon
the agreement of the employee and the ESS management.
Forced retirement shall be imposed on the 65th birthday of the
employee as per government directive.
An employee who has served the school for more than five (5) years upon
retirement is entitled to receive retirement pay (for computation, please see
Chapter VI).
Resignation
Faculty
Resignation from service maybe filed through the Letter of Intent at the end of
the school year together with a corresponding resignation letter. In case a
teacher or non-teaching faculty terminates or abandons his responsibilities
during the effectivity of the contract, he shall be liable for liquidated
damages. However, if such termination is caused by disability due to serious
illness and similar causes, the employee maybe allowed resigning from his job
without penalty.
Staff and Assistant
Staff employees may file for their resignation within any desired period.
Resignation on the other hand must be filed at least 30 days before effectivity
for replacement and turn-over considerations.
The inability of the staff employee to complete the prescribed period of notice
may cause withholding of assets and last pay until a completed clearance is
issued by the same.
Non-Renewal of Contract
Probationary employees generally enjoy security of tenure in the sense that
during their probationary employment they cannot be dismissed except for just
and authorized causes and after due process.
However, upon the expiration of
the contract of employment, probationary employees cannot claim security of
tenure and compel the school to renew their employment contracts.
(MRPS, p. 465)
Probationary employees with poor performance evaluation results or any pending
case maybe subject to a non-renewal of contract.
Termination
Concededly, as the Labor Code suggests, the employer’s right to freely select or
discharge his employees is subject to regulation by the state basically in the
exercise of its paramount police power. But the employer cannot be legally
compelled to continue with the employment of a person who admittedly is guilty
of misfeasance (Improper and unlawful
execution of an act that in itself is lawful and proper) towards his
employer and whose continuance in the service of the latter is patently
unfavorable to his interest.
1.
Serious misconduct or willful disobedience by the employee of the lawful orders
of his employer or representative in connection with this work;
“Misconduct is the display of improper or wrong conduct. It is the transgression
of some established and definite rule of action, a forbidden act, a dereliction
of duty, willful in character, and implies wrongful intent and not mere error in
judgment. The misconduct to be serious within the meaning of the Act must be of
such grave and aggravated character and not merely trivial or unimportant. Such
misconduct, however serious, must, nevertheless, be in connection with the
employee’s work to constitute just cause for his separation.”
2.
Gross and habitual neglect by the employee of his duties;
“Gross neglect means an absence of that diligence that an ordinary sensible man
would use in his own affairs. In order to constitute just cause for the
employee’s dismissal, the neglect of duties must not only be gross but also
habitual.”
“To justify the dismissal of an employee for neglect of duties, however, it does
not seem necessary that the employer show that he has incurred actual loss,
damage, or prejudice by reason of the employees conduct. It is sufficient that
the gross and habitual neglect by the employee of his duties tend to prejudice
the employer’s interest since it would be unreasonable to require the employer
to wait until he is materially injured before removing the cause of the
impending evil.”
Abandonment, a form of neglect of duty, is constituted by a clear and deliberate
intent to discontinue one’s employment without any intention of returning back.
An employee maybe dismissed on the ground of abandonment or negligence of duty
where said employee had been absent for a period of one year and the prolonged
absence from work was not without any valid notice or leave from the company,
and said absence is not by reason of any illness or disease.
“Generally tardiness and absenteeism, like abandonment is a form of neglect of
duty according to the Labor Code.”
3.
Fraud or willful breach by the employee of the trust reposed in him by his
employer or his duly authorized representative;
“Fraud is defined as any act, omission, or concealment which involves a breach
of legal duty, trust, or confidence justly reposed and is injurious to another.
To constitute a just cause for termination, the fraud must be committed against
the employer or representative and in connection with the employee’s work.
Furthermore, fraud implies willfulness or wrongful intent, the innocent
non-disclosure of facts by the employee to the employer will not constitute a
just cause for the dismissal of the employee unless the non-disclosure of
information may lead to the loss or impairment of the employer.”
4.
Commission of a crime or offense by the employee against the person of his
employer or any immediate member of his family or his duly authorized
representative;
“The immediate members of the family referred to are limited to spouse,
ascendants, descendants, or legitimate, natural or adopted brothers and sisters
of the employer or his relative by affinity in the same degrees and those by
consanguinity with the fourth civil degree.”
5.
Other causes analogous to the foregoing.
“The determination of whether the cause for terminating employment is analogous
to any of those enumerated in Art. 282 of the Labor Code will depend on the
circumstances of each case.