Query: Can an employee file a complaint against an employer for termination without notice by a client, particularly when redundancy is cited just days after employment began?

In the Philippines, employment termination issues are closely regulated to protect the rights of workers. The Labor Code provides clear guidelines on how terminations should be handled, including the provision of due process and valid grounds for dismissal.

Understanding Redundancy as a Ground for Dismissal:

Definition of Redundancy: Redundancy occurs when the position of the employee is in excess of what is reasonably demanded by the actual requirements of the enterprise. A redundant position is one rendered superfluous by any number of factors, such as overhiring, decreased volume of business, or dropping a particular product line or service. Redundancy is a valid ground for dismissal, provided it is done in good faith and with fair treatment to the affected employee.
Requirements for Lawful Redundancy: The employer must comply with the following to lawfully terminate employment due to redundancy:
- Written notice served on both the employee(s) affected and the Department of Labor and Employment (DOLE) at least one month prior to the intended date of termination.
- Payment of separation pay equivalent to at least one month salary or at least one month salary for every year of service, whichever is higher.
- Fair and reasonable criteria in selecting employees to be dismissed such as but not limited to, less preferred status (e.g., temporary employee before regular employees), efficiency, and seniority.

Steps to Take if Terminated Without Proper Notice or Due Process:

Seek Clarification: Request a detailed explanation and the specific reasons for the termination from the employer, particularly why the role was declared redundant shortly after being hired.
File a Complaint with DOLE: If the termination appears to be without lawful cause or due process was not observed, the employee can file a complaint with the nearest DOLE office. DOLE can provide assistance in mediation and, if necessary, arbitration.
Consultation with a Labor Lawyer: For complex cases, particularly where there may be a dispute over the facts (such as the claim of redundancy), consulting with a lawyer who specializes in labor law can provide guidance and representation.
Request for Unpaid Wages: If there has been withholding of wages, employees are entitled to claim these through the appropriate channels. If the employer fails to release the final pay, employees can also include this in their complaint to DOLE.

Preventive Advice for Employers:

Ensure that any terminations, especially for redundancy, are well-documented and justifiable in line with business needs and labor laws.
Provide transparent communication and due process rights to employees, including proper notices and consultations.

Conclusion: Employees terminated under questionable circumstances, such as sudden redundancy shortly after hiring, have rights under Philippine law, including the right to challenge the termination and seek compensation for any injustices. Employers must adhere to the principles of fair labor practices to avoid legal repercussions and maintain trust among current and future employees.