Query: Can an employer in the Philippines legally terminate an employee for not attending a meeting?

In the Philippines, employment termination policies are governed by the Labor Code, which outlines just and authorized causes for termination of employment. Non-attendance at a meeting, depending on the circumstances, can potentially be a complex issue when it comes to legal grounds for dismissal.

Legal Grounds for Termination:

Just Causes: These are generally related to employee misconduct or failure that can justify immediate termination. Common just causes include serious misconduct, willful disobedience, gross and habitual neglect of duty, fraud, and loss of trust. Non-attendance at a critical meeting might be considered willful disobedience or neglect of duty, but this generally needs to be part of a pattern of behavior rather than a single incident unless the meeting was of a critically important nature where the absence resulted in significant consequences.
Authorized Causes: These involve business-related reasons such as redundancy, retrenchment to prevent losses, closure or cessation of operation, and disease. None of these would typically relate directly to non-attendance at a meeting.

Procedural Due Process:

Written Notice: Before termination, an employee must be given a written notice stating the specific cause of termination, and they must have an opportunity to defend themselves.
Ample Opportunity to Explain: The employee must be given an adequate opportunity to explain and defend their actions, with assistance from a representative if desired.
Final Notice: After the hearing and prior to termination, the employer must provide a final decision notice to the employee.

Important Considerations:

Documentation and Evidence: Employers should keep thorough documentation of all incidents leading to termination, including detailed records of the employee's non-attendance and any previous warnings issued.
Consistency of Policy Enforcement: Policies must be enforced consistently among all employees to avoid claims of unfair treatment or discrimination.
Review of Company Policies: Employees should review their company's handbook or contract to understand specific policies about meeting attendance and the consequences of non-attendance.

If an employee believes they have been wrongfully terminated, they may file a complaint with the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC) in the Philippines. These bodies can investigate and decide on wrongful termination claims, and they provide a mechanism for reinstatement and/or compensation if wrongful termination is proven.

Employers are advised to handle terminations with caution and to ensure that all actions are well-documented and legally justified to avoid potential legal disputes. Employees, on the other hand, should be aware of their rights and the proper procedures that employers must follow before any termination decision is finalized.