Dismissal Philippines

Dismissal While on Performance Improvement Plan (PIP) in the Philippines: A Question-and-Answer Guide

Question: Can an employee be dismissed from work even if they are currently placed under a Performance Improvement Plan (PIP) in the Philippines?

Answer:

Being placed under a Performance Improvement Plan (PIP) indicates that an employee may not be meeting certain performance standards or expectations set by the employer. However, being on a PIP does not necessarily shield an employee from possible termination. Here's what you should know:

1. Just Causes for Termination:

• Under the Labor Code of the Philippines, an employer can terminate an employee based on just causes. These causes include serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud or willful breach of trust, commission of a crime, and other similar causes.

• If any of these just causes are present, an employee can be terminated even if they are under a PIP.

2. Performance as Ground for Termination:

• Inefficient performance can be a ground for dismissal, but the employer must provide substantial evidence to support the claim. The PIP can serve as evidence that the employer provided opportunities for the employee to improve. If, after the PIP period, the employee's performance has not met the standards, and there's sufficient evidence to support this, the employer can proceed with the dismissal.

3. Due Process:

• Before any termination due to performance, the Labor Code mandates that the employer must observe due process. This involves:

  • A notice detailing the specific grounds for termination.
  • Giving the employee an opportunity to defend themselves, which includes a hearing or conference.
  • A subsequent notice informing the employee of the employer's decision to dismiss them.

• This process ensures that the employee understands the reasons for the potential dismissal and has a chance to address the concerns raised by the employer.

4. PIP as Part of Due Process:

• A well-documented PIP can actually serve as part of the employer's compliance with due process. It shows that the employer has informed the employee of performance deficiencies and has given a chance for improvement.

5. Seeking Redress:

• If an employee believes they were unjustly dismissed while on a PIP, they can file a complaint for illegal dismissal with the National Labor Relations Commission (NLRC). The NLRC will then evaluate if the dismissal was done in accordance with the law and if due process was observed.

Conclusion:

Being placed under a Performance Improvement Plan does not grant immunity from possible termination. However, employers must follow the legal grounds and due process before dismissing an employee for performance issues. If you're facing such a situation, it would be beneficial to seek legal counsel to understand your rights and possible remedies.

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Consult a legal expert for advice specific to your situation.