Question of The Day: In the Philippines, if an employer sets a time and date for a disciplinary hearing but fails to send an invitation or provide any advice, can the employee hold this against the employer?

Introduction: Navigating workplace disciplinary procedures is critical, especially when there are discrepancies or failures in communication from the employer's side. Understanding how to address such issues under Philippine labor law is important for protecting employee rights.

Guidance and Support: Encountering procedural irregularities in disciplinary processes can be challenging. It's essential to understand your rights as an employee and the correct procedures that employers must follow.

Legal Overview: In the Philippines, the labor law mandates that employers follow due process in conducting disciplinary actions, which includes providing proper notice to the employee involved. The failure of the employer to send an invitation or provide advice regarding a scheduled disciplinary hearing may constitute a lapse in following due process.

Practical Advice:

Document the Situation: Keep a record of the employer’s communication (or lack thereof) regarding the disciplinary hearing. This includes any emails, memos, or verbal communication about setting the date and time.
Request Clarification: Reach out to your HR department or the person responsible for the hearing to seek clarification on why the invite was not sent and to confirm the status of the hearing.
Seek Legal Advice: If you believe that your rights are being infringed upon due to the lack of proper procedure, consult with a labor lawyer to understand your options.
Prepare Your Defense: Despite the procedural issues, be prepared to defend yourself in the event that the hearing proceeds.
File a Grievance: If appropriate, file a formal grievance within your company regarding the handling of the disciplinary process.

Law Firm Assistance: Legal assistance from a law firm like Respicio & Co. can provide guidance on how to address the procedural lapses from your employer. They can advise you on your rights under labor law and assist in any necessary legal actions.

Conclusion: If an employer in the Philippines fails to properly notify an employee about a disciplinary hearing, this could be held against the employer as a failure to adhere to due process. Documenting the situation, seeking clarification, preparing for your defense, and possibly consulting with a lawyer are advisable steps to ensure your rights are protected. Filing a formal grievance may also be a necessary course of action.