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TERMINATION OF EMPLOYMENT - Whether or not the knowledge of an employee to company's code of conduct is important?

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Marlut023


Arresto Menor
Hello to everyone!

I just would like to ask for legal opinion regarding the following matter.

An employee is facing a possible employment termination, on the ground of serious misconduct due to violation of their company's Code of Conduct.

However, the troubled employee came to defend himself based on the following:
1. That he is not aware, to any degree of knowledge, of said Code of Conduct or any related policy thereto; and  
2. That it is the failure of the company to orient him of said policies upon hiring; and
3. Had he knew of said policies, he would not have violated the said policies.

With all the foregoing, is the ignorance of said employee of their company's Code of Conduct can justify or exempt him from his present case?



Thank you very much in advance!

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HrDude


Reclusion Perpetua
Marlut023 wrote:Hello to everyone!

I just would like to ask for legal opinion regarding the following matter.

An employee is facing a possible employment termination, on the ground of serious misconduct due to violation of their company's Code of Conduct.

However, the troubled employee came to defend himself based on the following:
1. That he is not aware, to any degree of knowledge, of said Code of Conduct or any related policy thereto; and  
2. That it is the failure of the company to orient him of said policies upon hiring; and
3. Had he knew of said policies, he would not have violated the said policies.

With all the foregoing, is the ignorance of said employee of their company's Code of Conduct can justify or exempt him from his present case?



Thank you very much in advance!

It depends. What is the specific infraction done by the employee and what specific provision of your Code of Conduct is violated. Do specify the exact wordings of the provision/s as stated in your Code.

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Marlut023


Arresto Menor
HrDude wrote:
Marlut023 wrote:Hello to everyone!

I just would like to ask for legal opinion regarding the following matter.

An employee is facing a possible employment termination, on the ground of serious misconduct due to violation of their company's Code of Conduct.

However, the troubled employee came to defend himself based on the following:
1. That he is not aware, to any degree of knowledge, of said Code of Conduct or any related policy thereto; and  
2. That it is the failure of the company to orient him of said policies upon hiring; and
3. Had he knew of said policies, he would not have violated the said policies.

With all the foregoing, is the ignorance of said employee of their company's Code of Conduct can justify or exempt him from his present case?



Thank you very much in advance!

It depends. What is the specific infraction done by the employee and what specific provision of your Code of Conduct is violated. Do specify the exact wordings of the provision/s as stated in your Code.

Specifically, said employee violated the provision below:
___________________

4. Anti-Corruption

4.2. All Personnel must ensure that they do not, directly or indirectly:

(a) offer, promise, or give any gift, payment, or other benefit to any person for the purposes of inducing or rewarding improper conduct or influencing any decision to the advantage of the Company;

____________________

The issue here is that this provision is part of newly cascaded version of said Code of Conduct.

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council


Reclusion Perpetua
Marlut023 wrote:
Specifically, said employee violated the provision below:
___________________

4. Anti-Corruption

4.2. All Personnel must ensure that they do not, directly or indirectly:

(a) offer, promise, or give any gift, payment, or other benefit to any person for the purposes of inducing or rewarding improper conduct or influencing any decision to the advantage of the Company;

____________________

The issue here is that this provision is part of newly cascaded version of said Code of Conduct.

This is basically bribery and illegal in any form or method even without being cascaded.

Not all laws or violations are listed in the Code of Conduct but should be known to be such.

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HrDude


Reclusion Perpetua
[quote="Marlut023"][quote="HrDude"]
Marlut023 wrote:Hello to everyone!

4. Anti-Corruption

4.2. All Personnel must ensure that they do not, directly or indirectly:

(a) offer, promise, or give any gift, payment, or other benefit to any person for the purposes of inducing or rewarding improper conduct or influencing any decision to the advantage of the Company;

____________________

The issue here is that this provision is part of newly cascaded version of said Code of Conduct.

This same is indeed corruption or bribery for a layman. This is different from Bribery under Section Two of Book Two of the Revised Penal Code as the same can only be committed by public officers.

The latter implies that since it is a crime listed/included in the Revised Penal Code, which formed part of the laws of the land, ignorance of the same will NOT excuse anyone. HOWEVER, in my opinion, corruption as stated in your company code of conduct is NOT of 'GENERAL KNOWLEDGE'. Hence, since it is not of general knowledge, what may be a corrupt act for a person may not be considered a corrupt act by another. As such, ignorance of the same MAY be used as an alibi.

When in doubt, better to be safe. If there is/are no substantial loss/es suffered by your company, no damage/losses to the Company or to other employees/officers, suspension can be issued.

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