HRM With Labor Relations PDF

HRM WITH LABOR RELATIONS TERM 1 THE CONSTITUTIONAL AND They shall be entitled to security of tenure, humane LEGAL...

HRM WITH LABOR RELATIONS TERM 1 THE CONSTITUTIONAL AND They shall be entitled to security of tenure, humane LEGAL FRAMEWORK conditions of work and a living wage. 1. The Constitutional Basis They shall also participate in 2. The Salient Points of the Labor Code policy and decision making 3. Kinds of Employees processes affecting their rights 4. Types of Employees in Terms of Tenure and benefits as may be 5. Health, Safety and Social Welfare provided by law. Provisions 6. Employees’ Compensation and State 3. The State shall promote the principle of Insurance Fund shared responsibility between 7. Labor Relations workers and employers and the 8. Unfair Labor Practice preferential use of voluntary modes in 9. Strikes, Work Stoppages or Lockouts setting disputes 10. The Law on Terminations including conciliation, and shall 11. Due Process Requirement enforce their mutual THE CONSTITUTIONAL BASIS compliance therewith to foster industrial peace. The constitutional and statutory provisions protecting labor are derived from the: 4. The State shall regulate the relations “POLICE POWER” of the state between workers and employers, recognizing the right of labor to its just the right of the state to regulate labor share in the fruits of production and the relations for the general welfare and to right of enterprises to reasonable maintain industrial peace. returns to investments, and to the expansion and growth. SOCIAL JUSTICE STATUTORY AND INTERNATIONAL BASIS OF to ensure protection of the weaker RIGHT TO SELF-ORGANIZATION social partner – labor ARTICLE 211 Article II, Section 18 The labor code reinforces this “The state affirms labor as a primary constitutional right to self organization. socioeconomic force. It shall protect the right of workers and promote their welfare.” Also two GENEVA CONVENTIONS The Constitution protects the rights of employees ratified by our state to forms unions, associations or societies for o become part of the law of the purposes not contrary to law. land, guarantee workers the right to self-organization. LABOR POLICY “Every worker has the right to self Declaration of Principles, Article XIII, Section organization, i.e., to form or to join any 3 Labor Policies: legitimate workers ' union, free from interference of their employer or the 1. The state shall afford full protection to government. All workers may join a union for the labor, local and overseas, organized and purpose of collective bargaining and is eligible unorganized, and promote full for union membership on the first day of their employment and equality of employment” employment opportunities for all. INTERNATIONAL LABOUR ORGANIZATION 2. It shall guarantee the rights of all (ILO) workers to self organization, collective bargaining and negotiations and A United Nations agency whose peaceful concerted activities, including mandate is to advance social and economic the right to strike in accordance with justice by setting international labour standards. law. Founded in October 1919 under the League of Nations, it is one of the first JANICAH REYES 1  and oldest specialized agencies of the THE SALIENT POINTS OF THE LABOR CODE UN. LABOR CODE OF THE PHILIPPINES The ILO has 187 member states: 186 out of 193 UN member states plus the Stands as the law governing Cook Islands. employment practices and labor relations in the It is headquartered in Geneva, Philippines. Switzerland, with around 40 field offices around the world, and employs 1. Pre-employment some 3,381 staff across 107 nations, of 2. Human Resource Development Program whom 1,698 work in technical 3. Conditions of Employment cooperation programmes and projects. 4. Health, Safety and Social Welfare Benefits The ILO' s standards are aimed at ensuring 5. Labor Relations accessible, productive, and sustainable work 6. Post- Employment worldwide in conditions of freedom, equity, security and dignity Book 5 | Labor Relations Art. 211 | Declaration Of Policy ILO CONVENTION 87 | FREEDOM OF ASSOCIATION A. To promote and emphasize the primacy of free collective bargaining Sets forth the right for workers and and negotiations, including voluntary employers to establish and join arbitration, mediation and conciliation, organizations of their own choosing as modes of settling labor or industrial without previous authorization. disputes Workers ' and employers ' organizations shall organize freely and not be liable to B. To promote free trade unionism as an be dissolved or suspended by instrument for the enhancement of administrative authority, and they shall democracy and the promotion of social have the right to establish and join justice and development federations and confederations, which may in turn affiliate with international C. To foster the free and voluntary organizations of workers and employers organization of a strong and united ILO CONVENTION 98 | RIGHT TO COLLECTIVE labor movement BARGAINING D. To promote the enlightenment of provides that workers shall enjoy workers concerning their rights and adequate protection against acts of obligations as union members and as anti-union discrimination employees o requirements that a worker not join a union E. To provide an adequate administrative o relinquish trade union machinery for the expeditious membership for employment settlement of labor or industrial o dismissal of a worker because disputes of union membership o participation in union activities F. To ensure a stable but dynamic and just industrial peace Workers ' and employers ' organizations shall enjoy adequate protection against G. To ensure the participation of workers any acts of interference by each other, in in decision and policy-making particular the: processes affecting their rights, duties o establishment of workers ' and welfare organizations under the SALIENT PROVISIONS OF LABOR CODE domination of employers or employers ' organizations Employer o the support of workers ' organizations by financial or includes any person acting in the other means, with the object of interest of the employer directly or placing such organizations indirectly/a person or an organization under the control of employers that employs people. or employers ' organizations JANICAH REYES 2 Employee execute, under general supervision, special assignments and tasks includes any person on the employ of an employer Unlike rank-and-file employees, they are not entitled to overtime, night shift THE SOCIAL SECURITY LAW | R.A. No. 1161, as differential, and holiday pays. amended They are also not entitled to receive 13th offers more substantive, meaningful definitions: month pay. But in accepted practice, most “Employer” companies in the Philippines grant managers with an equivalent of the 13th month pay. any person, natural or juridical, domestic or foreign, who carries on in In addition, managerial employees can the Philippines any trade, business, receive other monetary benefits from their industry, undertaking or activity of any companies. This includes Christmas bonuses and kind and uses the services of another 14th-month pay. person who is under his order as CONDITIONS OF EMPLOYMENT regards the employment. “Employee” Book III | Title I any person who performs services for discusses the rules on normal hours of an employer in which either or both work mental and physical efforts are used and o 8-hour work day who receives compensation for such o 48- hour workweek services, where there is an employer- o compensable working time employee relationship. o meal periods o night shift differential KIND OF EMPLOYEES o overtime work o overtime pay 1. MANAGERIAL EMPLOYEES o weekly rest periods 2. SUPERVISORY EMPLOYEES o premium pay 3. RANK AND FILE EMPLOYEES o service incentive leave MANAGERIAL EMPLOYEES o service charges Labor Code | Book Three | Conditions of Managerial employees are exempted or Employment, Title I | Working Conditions and excluded from the coverage of these Rest Periods, defines managerial employees as benefits. follows: LABOR RELATIONS | Book V | Title I Commonly known as managers Discusses the rules on: are those vested with power by the Labor Code to lay down and execute right to self-organization management policies and/or hire, labor organizations transfer, suspend, lay off, recall, legitimate labor organizations discharge, assign, or discipline bargaining unit employees that are under their bargaining representative supervision. unfair labor practice by the employer They are allowed to regularly exercise unfair labor practice by labor discretion and independent judgment organizations over their staff. collective bargaining, collective bargaining agreement (CBA) Managers are not allowed to devote more than 20% of their working hours to activities Managerial employees are exempted or excluded not directly or closely related to the following: from these provisions. regularly and directly assist a proprietor SUPERVISORY EMPLOYEES SUPERVISORY or managerial employee on performing EMPLOYEE managerial duties Are those who, in the interest of the execute, under general supervision, employer, effectively recommend such specialized work that require special managerial actions if the exercise of such training, experience or knowledge JANICAH REYES 3 authority is not merely routinary or clerical in CASUAL EMPLOYMENT nature but requires the use of independent judgment. Situation in which an employee is only guaranteed work when it is needed. Commonly known as supervisors There is casual employment when an generally considered as members of the employee is engaged to perform work that is managerial staff because they are merely incidental to the business of the granted the authority to recommend employer, and such work is for a definite period managerial actions, provided that the made known to the employee at the time of his exercise of such is not merely routine or engagement. clerical in nature but requires the use of independent judgment. ARTICLE 295 Similar to managers, supervisors are also not However, employees that have rendered entitled to overtime, night shift differential, and service for at least one (1) year in the holiday pays. But they are also given a monetary same company, whether continuous incentive that is equivalent to a 13th month pay or not, shall be considered regular employees with respect to the activities RANK AND FILE EMPLOYEES they perform and will continue rendering service while such activities Rank-and-file employees are those who exist in the company do not occupy high-level positions in a company. PROJECT EMPLOYMENT They are entitled to most, if not all, of An employee is hired for a specific the mandatory employee benefits provided by project and the duration of employment is the Labor Code, from night shift differential and defined by the scope of work and/or length of overtime pay to work leaves and organization of the project. labor unions A project employee can acquire the TYPES OF EMPLOYEES IN TERMS OF TENURE status of a permanent employee if they are continuously rehired to undertake other Employee tenure, or job tenure, is the projects for the company or the tasks they length of time a person has worked for a perform are necessary and indispensable to the particular employer. usual operations of the company. 1. REGULAR OR PERMANENT FIXED-TERM EMPLOYMENT EMPLOYMENT 2. CASUAL EMPLOYMENT When he is hired under a contract 3. PROJECT EMPLOYMENT which specifies that the employment will last 4. FIXED TERM EMPLOYMENT only for a definite period. 5. PROBATIONARY EMPLOYMENT The decisive determinant in fixed-term REGULAR OR PERMANENT EMPLOYMENT employment should not be the activities that the employee is called upon to An employee performs activities that are perform, but the day certain agreed necessary or desirable to the business/trade of upon by the parties for the the employer. commencement and termination of their employment relationship Enjoy the benefit of tenure and cannot be terminated for causes other than Fixed-term employment in the Philippines is those provided by law and only after highly regulated and subject to the following due process. guidelines: Most companies in the Philippines be voluntarily agreed upon by the require their new employees to undergo parties without coercion or improper probationary employment for a pressure to the employee maximum of six (6) months to employer and employee dealt with each evaluate their skills and performance other on more or less equal terms with and determine if they are able to meet no dominance exercised by the former the reasonable standards to become over the latter permanent employees. JANICAH REYES 4  PROBATIONARY EMPLOYMENT exceeds full-time physician and 300 dentist Probationary employment shall not exceed 6 months from the date the employee a full-time registered started working. An employee who is allowed to nurse work after a probationary period shall be considered a regular employee [Art. 296]. dental clinic G.R. No. 177937 an infirmary or emergency hospital A probationary employee, like a regular with one bed capacity employee, enjoys security of tenure. for every 100 employees. However, in cases of probationary employment, aside from just or authorized causes of termination, an additional ground is The requirement for an emergency provided under the Labor Code, i.e., the hospital or dental clinic shall not be required probationary employee may also be terminated where there is a hospital or dental clinic which is for failure to qualify as a regular employee in accessible for the employers ’ establishment accordance with reasonable standards made provided the employer makes arrangement for known by the employer to the employee at the the reservation therein of necessary beds and time of the engagement. dental facilities for the use of employees. Services of an employee who has been engaged 6. The physicians, nurses and dentists on probationary basis may be terminated for any employed shall have the necessary of the following: training in industrial medicine and occupational safety and health (1) a just 7. It shall be the duty of the employer to (2) an authorized cause provide all necessary assistance to ensure the adequate and immediate (3) when he fails to qualify as a regular medical and dental attendance and employee in accordance with reasonable treatment to an injured or sick standards prescribed by the employer employee in case of emergency HEALTH, SAFETY AND SOCIAL WELFARE EMPLOYEES’ COMPENSATION AND STATE PROVISIONS INSURANCE FUND 1. To keep in the employer ’ s ART. 166. | POLICY establishment such as first aid medicines and equipment as the The State shall promote and develop a nature and conditions of work may tax-exempt employees ’ compensation program require, in accordance with such whereby employees and their dependents, in the regulations at the DOLE shall provide. event of work-connected disability or death, may Employer shall take steps in training of promptly secure adequate income benefit and sufficient number of employees in medical related benefits. first-aid treatment. STATE INSURANCE FUND No. of Nurses/physicians created out of monthly contributions by employee the employer of employee. s 2. exceeds full time registered Employees Compensation Commission | 50 but not nurse / services of a Agency in charge in the administrations of the more than graduate of first-aide state insurance funds 200 where no registered nurse is available 5 EX-OFFICIO MEMBERS OF ECC 3. exceeds full-time registered 200 but nurse 1. Secretary of Labor and Employment not more 2. GSIS General Manager than 300 a part-time 3. SSS Administrator physician and 4. Chairman of the Philippine Medical Care dentist Commission 5. Executive Director of the ECC secretariat an emergency clinic and two appointee members JANICAH REYES 5  STATE INSURANCE FUND Interactions between employers and employees, particularly in the context of The state insurance fund shall be liable unionized workplaces for compensation to the employee or his dependents, except when: It involves the negotiation and administration of collective the disability or death was occasioned bargaining agreements, which are by the employee ’ s intoxication contracts between the union and the willful intention to injure or kill himself employer that govern the terms and or another conditions of employment. notorious negligence SOURCES OF CONFLICTS IN LABOR In case the employee ’ s injury or death was RELATIONS due to failure of the employer to comply with any law, or to install and maintain safety devices, Manner by which hierarchical demands are or take other precautions for the prevention of made or executed any injury, the employer shall pay to the State Command and Control of Managers Insurance Fund a penalty of 25% of the lump sum equivalent of the income benefit payable by This could lead to ruffled feeling, the system to the employee. resulting in deliberate disobedience, dismissal, grievance, industrial dispute Lump Sum and sometimes strikes amount of money that is paid as a large Clash between Management Prerogatives and amount on a single occasion rather than Labor Rights as smaller amounts on several separate occasions Management should not surrender its rights for the sake of industrial peace. Article 168 | Compulsory Coverage In HRM, there must be a happy balance between management and worker ’ s Coverage in the State Insurance Fund rights. shall be compulsory upon all employers and their employees not over 60 yrs of COMPARISON ON LABOR RIGHTS | age. MANAGEMENT PREROGATIVES Provided that an employee who is over Power to Manage Right to participate in 60 years of age and paying contributions Decision-Making to qualify for the retirement or life Power to Hire Union Security Rights insurance benefit administered by the which may include system shall be subject to compulsory closed shop Power to Fire Security of Tenure coverage. (As amended by Sec. 16, PD. Power to Transfer Right to refuse if it is 850) Employees obviously to thwart Article 170 | Effective date of coverage unionization and any other Unfair Labor Compulsory coverage of the employer Practice act during the effectivity of this title shall Power to Right to question if take effect on the first day of his promote/demote basis is operation, and that of the employee, on unfair/discriminatory the date of his employment. or is in violation of Collective Bargaining LABOR RELATIONS Agreement Power to Layoff/ Right to question It is the aspect or quality that holds Lock Out basis and manner to together the social partners, labor and capital in layoff/right to strike the attainment of their mutual goal- just and Power to Lay Down Right to participate in equitable pay and treatment and fair return on Policies decision-making/to investments. It is the interaction between a collectively bargain company ’ s upper management and the rest Right to Discipline Right to due process of its employees. Right to Set Working Right to file Hours grievance/ complaint This refers to the relationship between Fair Return in Right to just share in employers and employees in industry and the Investments, and fruits of production political decisions and laws that affects it. Expansions JANICAH REYES 6 Just Share in Fruits of Production or Profit Criminal ULP cases may be filed with the regular courts. No criminal Fruits of production cover not only prosecution may be instituted, however, salaries, wages, benefits, but also without a final judgment from the NLRC includes profits. In labor relations, a just that an unfair labor practice was share implies that "Compensation committed. reflects Contribution" o workers should receive wages, CRIMINAL OFFENSE benefits or profits, bonuses and incentives proportionate to is an act or an omission that is unlawful their effort, skills and the value and punishable by the specific laws of a they bring to the production state or a country process One definition of a criminal offence is an act that is forbidden as it is harmful to Fair Return in Investments, Expansion and an individual, individuals, a community, Growth a society or the state, and is therefore punishable by law. As companies expand, a fair return for employees would involve fair ULPS COMMITTED BY AN EMPLOYER compensation, job security, and improved working conditions. ULP by management are as follows: Expansion should ideally result in A. Requiring as a condition of employment tangible benefits for employees, such as that a person or an employee shall not better pay or opportunities, reflecting join a labor organization or shall their role in the company's growth. withdraw from one to which he belongs When referring to investments in labor (e.g., training, development, or B. Contracting out services or functions employee well-being programs), a "fair being performed by union members return" when such will interfere with, restrain, o employees should receive or coerce employees in the exercise of appropriate and fair benefits in their right to self-organization; exchange for their enhanced skills and increased C. Discrimination as regards to wages, productivity hours of work, and other terms and conditions of employment in order to This ensures that the investment in their encourage or discourage membership in development yields positive results for any labor organization both the employees and the organization. D. Dismissal, discharge, prejudice or UNFAIR LABOR PRACTICE discrimination against an employee for having given or being about to give Art. 248 of the Labor Code, as amended testimony under the Labor Code. (Art. 248, 249 of the Labor Code, as Offenses committed by the employer or amended) labor organization which violate the constitutional right of workers and ULPS COMMITTED BY LABOR employees to self organization. ORGANIZATIONS ULP acts are harmful or hostile to the legitimate interests of both labor and a) Restraint or coercion of employees in management, disrupt industrial peace the exercise of their right to self- and hinder the promotion of healthy organization: However, the labor and stable labor management relations organization shall have the right to and violates the civil rights of the prescribe its own rules with respect to parties. the acquisition or retention of membership NATURE OF ULP b) Causing or attempting to cause an Not only a violation of the civil rights of employer to discriminate against an both labor and management, but also a employee, including discrimination criminal offense against the State. against an employee with respect to whom membership in such organization JANICAH REYES 7  has been denied or terminating an CONDITIONS BEFORE A STRIKE CAN BE employee on any ground other than the STAGED usual terms and conditions under which membership or continuation of A strike notice must be filed with the membership is made available to other DOLE 30 days before the intended members strike in case of deadlock in CBA negotiations, and 15 days in case of ULPS COMMITTED BY BOTH EMPLOYERS AND ULP LABOR ORGANIZATIONS Strike must be approved through a) Interference, restraint, or coercion of secret balloting by the majority of the employees in the exercise of their right to self- members in the bargaining unit in a organization meeting called for a purpose. The b) Violation of a collective bargaining National Conciliation and Mediation agreement, when circumstances warrant Board of DOLE must be notified 24 hours before such meeting as well as c) Initiating, dominating, assisting or otherwise the results of the voting at least 7 days interfering with the formation or administration before the intended strike of any labor organization, including the giving of financial or other support to it or its organizers or supporters Lockout d) Violation of the duty to bargain collectively A situation in which employers close a place of work and prevent workers from e) Payment by employer of negotiation or entering it until the workers accept the attorney ’ s fees and acceptance by the union or employer ' s new proposals on pay or conditions its officers or agents as part of the settlement of of work or business. any issue in collective bargaining or any other dispute (Art. 248, 249 of the Labor Code, as The lockout could resume if no new amended) contract agreement is signed. It must be approved by two-thirds vote of the Board of ARTICLE 261 OF THE LABOR CODE Directors Violations of the collective bargaining PURPOSE OF 15 OR 30 DAY PERIOD OF Agreement shall no longer be treated as unfair STRIKE NOTICE labor practices but as grievances subject to the grievance machinery and ultimately To provide “ cooling off” period to voluntary arbitration unless the violations are allow NCMB to conciliate/mediate to gross in character -malicious refusal to comply avert or prevent a strike or lockout for with economic provisions of CBA an amicable and agreeable settlement of the dispute Since ULP is a criminal offense, only officers and agents of corporations or ILLEGAL STRIKES partnerships who have actually participated in, A strike is a right guaranteed by our authorized or ratified/approved unfair labor constitution and the law. practices shall be held liable. STRIKES, WORK STOPPAGES OR LOCKOUTS A strike can be declared illegal if it was intended to in picketing “by violence, EMPLOYEES CAN ONLY STRIKES ON TWO coercion, or intimidation or obstruct GROUNDS: the free entrance to or egress from the employer ’ s premises for lawful 1. Deadlock in Collective Bargaining purposes or obstruct the public Negotiations Bargaining deadlock is thoroughfares defined as the situation between the labor and the management of the THE LAW ON TERMINATIONS company, where there is failure in the collective bargaining negotiations Labor and Employment Secretary, resulting in a stalemate or opposition Rosalinda Dimapilis-Baldoz on September 7, between two parties 2015 issued Rules clarifying the application of just 2. Unfair Labor Practice and authorized causes of termination of JANICAH REYES 8  employment under Articles 297-299 of Reduction of workers due to the the Labor Code, as amended, through introduction of machineries and devices Department Order No. 147-15, Series which replace manual work. of 2015, entitled “Amending the Implementing Rules and Regulations In order to be a valid cause for of Book VI of the Labor Code of the termination, the introduction of the Philippines, as Amended”. machinery, device or equipment must be made in good faith and for a valid purpose, JUST CAUSES OF TERMINATION such as to save on cost, enhance efficiency or other justifiable economic reasons, after having Refer to: been left without any option but to do so in serious misconduct order to make the business more efficient or willful disobedience or insubordination effective. Moreover, there must be a reasonable gross and habitual neglect of duties criteria in selecting the employees to be retained. fraud or willful breach of trust loss of confidence 2. Retrenchment to prevent losses or closing commission of a crime or offense or cessation of operation of the analogous causes establishment or undertaking unless the The Rules expressly provides that for acts or closing is for the purpose of circumventing omissions to be considered as analogous causes, the law provided that the employee to be the same must be expressly specified in company retrenched is given one half mot pay per year rules and regulations or policies. of service. Retrenchment MAJOR MISCONDUCT Includes but is not limited to the following: as “the termination of employment Misappropriation of Spreading malicious initiated by the employer through no Company’s money or rumors about the fault of the employees and without property company prejudice to the latter, resorted to by Theft/pilferage of Gambling in the Company’s money company management during: property o periods of business recession, Fraud, Dishonesty or Gross negligence and industrial depression, or Falsification neglect of duty seasonal fluctuations Cheating the Willful damage of o during lulls occasioned by lack company company’s property of work or orders, shortage of Fighting with other Sleeping while on materials employees or visitors duty o considerable reduction in the Assaulting another Possession of illegal volume of employer ’ s business employee or visitor weapons o conversion of the plant for a Soliciting or Riotous or indecent new production program or the accepting illegal behaviour introduction of new methods or gratification more efficient machinery, or of Participation in Smoking in automation illegal strike prohibited areas Willful Drunk while on duty Proof of losses or possible imminent insubordination or losses is the distinctive requisite of disobedience retrenchment. Breach of fiduciary relationship OTHER AUTHORIZED CAUSES OF TERMINATION AUTHORIZED CAUSES OF TERMINATION 1. Disease as ground for termination. Employers can terminate employees due to authorized causes under the following conditions: An employer may terminate the services of an employee who has been found to 1. Installation of labor-saving devices or be suffering from any disease and whose redundancy provided the terminated continued employment is prohibited by employee is given one month pay for every law or is prejudicial to his health as well year of service as to the health of his co-employees: JANICAH REYES 9  Provided, That he is paid separation grounds has been established to justify pay equivalent to at least one (1) his termination A notice of dismissal month salary or to one-half (1/2) indicating that upon due consideration month salary for every year of of all the circumstances, grounds have service, whichever is greater, a fraction been established to justify termination of at least six (6) months being COMPONENT OF PROCEDURAL DUE PROCESS considered as one (1) whole year 2. Retirement In a termination for an authorized cause, due process means a written Any employee may be retired upon notice of dismissal to the employee reaching the retirement age established in the specifying the grounds at least 30 days collective bargaining agreement or other before the date of termination. applicable employment contract. A copy of the notice shall also be In case of retirement, the employee shall furnished the Regional Office of the be entitled to receive such retirement benefits as Department of Labor and Employment he may have earned under existing laws and any (DOLE) where the employer is located. collective bargaining agreement and other agreements: Provided, however, Sanction if the employer failed to observe procedural due process in cases of legal and That an employee’s retirement benefits authorized termination under any collective bargaining and other agreements shall not be less than those provided In cases of termination for just causes, therein. the employee is entitled to payment of In the absence of a retirement plan or indemnity or nominal damages in a sum agreement providing for retirement benefits of of not more than 30,000 pesos; in case employees in the establishment: of termination for authorized causes, 50,000 pesos employee upon reaching the age of sixty (60) years or more, but not beyond sixty-five (65) years which is hereby declared the compulsory retirement age served at least five (5) years in the said establishment may retire and shall be entitled to retirement pay equivalent to at least one-half (1/2) month salary for every year of service a fraction of at least six (6) months being considered as one whole year DUE PROCESS REQUIREMENTS It means that an erring employee is entitled to a “day in the court” with the assistance of the counsel, if he so desires, to confront the witnesses against him. In a termination for just cause, due process involves the two notice rule: 1. A noticed serve on the employee specifying the particular acts or omissions that may cause his dismissal and giving the employee reasonable opportunity within which to explain his side 2. A notice of termination served upon the employee, indicating that upon due consideration of all the circumstances, JANICAH REYES 10