HR Shared Services wrote:Is it valid for Employer to terminate an employee effective immediately due to reason of poor performance?
For example, an employer talk to an employee telling him/her, due to poor performance then I therefore conclude to terminate your employment effective today?
What Philippine Law includes this kind of cases?
If I am not mistake both should have a 30-day notice whether the employer or employee terminate their employment.
No 30 day notice needed for termination by employer due to poor performance of employee.
An evaluation of performance is desirable, usually on the 3rd and 5th month of the employee.
1st month - setting of expectations,
3rd month - evaluation (to give chance for employee to improve, if needed)
5th month - evaluation (to see if employee has met requirements for the position)
Don't forget to have the employee sign the evaluation.
If 5th month evaluation is good, employee is regularized.
If 5th month evaluation is bad (failed), employee is terminated.
Of course generally (although possible) you don't terminate just right after 5th month evaluation. But within a reasonable time, maybe after 1-2 days at most, to prepare documentation, especially if the employee knows his scores are way below the passing rate.
You don't wait too long, because if the employee knows he will be terminated, and he stays on, he may just do other things which will damage the company (and/or clients, especially in a call center environment).