ARTICLE V OF REPUBLIC ACT NO. 9165 - A DRUG FREE WORKPLACE – IS A MUST

Pursuant to Article V of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, and its Implementing Rules and Regulations and DOLE Department Order No. 53-03, series of 2003 (Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs in the Private Sector), the following policies and programs must be adopted to achieve a drug-free workplace:

COVERAGE

This law applies to all establishments in the private sector, including contractors and concessionaires.

COMPONENTS

Advocacy, Training and Education – employees should be kept aware and educated about the dangers of using drugs including its consequences.

Drug Testing – random drug testing should be done in accordance with the company’s rules and regulation in order to avoid or lessen the risk in the workplace.

Treatment, Rehabilitation and Referral – this option is given only to officers and employees who are diagnosed with drug dependence for the first time, or who turn to the Assessment Team for assistance, or who would benefit from the treatment and rehabilitation.

CONSEQUENCES OF POLICY VIOLATIONS

1.       Any officer or employee who violated or commits other unlawful acts as defined under Article II of RA 9165 and its Implementing Rules and Regulations shall be subject to the pertinent provisions of the said Act.

2.       Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively in accordance with the provisions of Article 282 of Book VI of the Labor Code and under RA 9165.

AWOL - HOW TO DEAL WITH IT?

Two cents for this reality: Every HR practitioner has faced this same problem with employees having the series of absences for long period without any notification given to the HR Department and to the department where he belongs.

The emerging question here is : Can we just delete him from the roster? Or can we just stop his services? Or worst, Can we just terminate him?

The answer is “Yes”, but after doing all the required legal steps. There might be a good reason why they’re gone without asking the necessary permission.

Dismissing an employee because of AWOL  is not just a simple process.

Steps to follow:

1.       Always give the benefit of the doubt. If they didn’t arrive within an hour try to ask their close friend/colleagues. If they can’t you any information, make a move to call the staff’s relatives/family. In cases like , the employee is living independently and just boarding , try to call the landlady or landlord which may be seen from his personnel data information sheet. Give a deadline for a response when you leave a message for the concerned employee. Do not forget to get the name of the person you have talked with. Take note of the moves you have taken and file in the Personnel 201 for the record and documentation purposes.

2.       After trying hard to contact the AWOL employees, you still haven’t got any idea on his whereabouts, it’s about time to send him an AWOL letter. It should show some concern and benefit of the doubt plus the explanation that if you haven’t received any response within 3 days upon receipt of the letter, then the corresponding disciplinary procedure which may lead to termination might be imposed. The letter should advise him to report within 3 days upon receipt of the letter or contact the HR Department for any information.

3.       Again, if you don not get a response, send him the second AWOL letter or a follow-up letter. This time, the content of the letter must be firmer, reiterating that they must contact the HR Department for whatever reason they may have otherwise the matter will be of more grievous offense and will be forwarded to further disciplinary action including dismissal.

4.       If no response again, a third letter for disciplinary proceedings may be sent through. Remind them of their rights and attach a copy of the related disciplinary policy. Be clear and explain that if they won’t contact the HR Department, the hearing will go on as scheduled and a decision will be made therein based on gathered facts. Disciplinary action may lead to Termination.

5.       In case of failure of the employee  to attend the hearing, the decision may be made. Send him a letter confirming the result of the hearing and do not forget to give him the right to appeal.

IF THE AWOL EMPLOYEE MADE CONTACT

In case that at at any stage in the above process, the concerned employee does respond and make contact,  the unauthorized absence may be converted to misconduct. Go through the applicable disciplinary procedure unless there is a good reason not to and that an appropriate evidence has been presented to support their reason. Example is a serious illness with a doctor’s advice.

DELIVERY METHODS OF THE LETTERS OF AWOL

To make sure that the letters you are sending are trackable which is very important for an evidence, send it via walk-in delivery, postage with stamp (registered mail), special delivery and first class mail.

TARDINESS OF EMPLOYEES - HOW TO DEAL WITH IT?

Coming in on-time in the office is a struggle to some employees. The HR Department and the supervisors have heard the same reasons for being tardy from the employees such as long traffic, defective alarm clock, flat tire, etc. In all these reasons, the HR must be vigilant and must learn how to detect which one is true and which one is not. An occasional offense of being tardy for let’s say just 3 to 5 minutes might not be of real issue but if repeatedly done and worst, if it is increasing from 5 minutes to 30 – 40 minutes, then that’s something that you know is calling for an action.

 Employee absences and tardiness could have a great impact on the company and could put a great burden on his co-workers or team. This issue has been a great challenge in almost all companies. Many have attempted to remedy it via different ways but they always go back to the same scenario.

In the Orientation process, it is important to reiterate the importance of coming in on time or more so, of being present in the office at all times. Since he is a new employee, the culture of being punctual must be remarkable at the first step-in the door, in order for him to carry on the good habit. The supervisors and all in the team must show a good example. Likewise, the management and the HR Department must also be fair and consistent in administering progressive discipline to the employees committing an offense.

Counselling and communication is always a good tool to call the attention of the frequent late employee. Through counselling, he may be able to realize his mistake and he may learn that being tardy is not a good practice if one wants to be productive and excel in ones job. It is in counseling and communication too, that the HR Department will come to know the problem of the employee behind his being late habitually. There is a true reason behind the invented alibis of having so much traffic, failed alarm clock and so on.

In counselling, the supervisor or the HR may use the same approach as below:

• Are you aware of our policy on tardiness? Can we talk about it?
• Do you think you can follow it?
• What do you think are the reasons why you can’t come earlier or at the scheduled start of our office work?
• Can we look at the top three factors that make you late for work? What are these?
• Can you think of ways on how we can overcome this 3 factors because I know you love your job right? And you don’t want to lose it.
• So when can we expect you to come on time?

Then, if by talking to the concerned person, you felt that he is de-motivated which greatly affect his enthusiasm to come to work early every day, mention it to him frankly and enumerate to him your observation and its impact to his work. Then ask, “Is there a way we can help you there?”

Aside from counselling, a series of oral and written warnings are also important to administer as what is written in the policy or Employee handbook. Documenting it , is also as important as giving warnings. Keeping it on his personnel records for future reference is another step. But most of all, remember that it is important to set up a clear policy before imposing the said progressive discipline.

But first, before taking any radical decision, see the situation in your own point of view too, as an HR staff, you might have observed that the employee is having difficulty on his schedule, and you may help him become motivated again by coming up with an alternative solution.

EMPLOYEE ON PROBATIONARY STATUS – WAS FOUND OUT LATER TO HAVE COMMITTED A GRIEVIOUS OFFENSE IN HIS PAST EMPLOYMENT

Karen is a part of a new company as an HR Supervisor . The recruitment process which she has seen in this new company is not that stern or strict. Currently, she is in the process of evaluating all processes and competencies of employees across all departments. She checked out  the personnel file of each and came  across one of the current employees'  file and there she found out that he had occupied a very high position from his previous company. This was actually based from the result of his background investigation. What surprised her most is what she had found out:  Said employee had a case of embezzlement of funds from his previous employer. Karen has no idea if it is a resolved or unresolved case. What she is more concern about is the effect of this case to his present company and another thing, can this person be trusted?

Question :  Can this case from his previous company enough grounds to terminate his employment from his present employer being that he is still under a probationary status?

Answer :         As what we have discussed in the previous posts about discipline and termination, there should always be a due process in every case therein.

                                As for this one, the HR Supervisor has to conduct a thorough investigation first before taking an action. Look at the employee’s filled-up application (when he was still applying for the job ) and if she answered the portion “Do you have any pending case or have you committed  a serious / grave offense in your past employments? “ .  If the concerned employee did not declare that he has pending administrative case from his past employments or his former company, then that could be an issue of dishonesty. Then, it is time now to check it on your Employee handbook if such offense is a ground for terminating him.

                                Although the employee is still on his probationary status, you have to secure some proof before giving him a verdict of termination . If you don't prove the accusation as dishonesty, another way to prove if he is worthy to become a regular employee is by appraising his performance objectively.

                                Karen as the HR Supervisor is right in her action to evaluate all the HR Processes. In this case, the Recruitment process. Since the result of the background investigation already posed some issues, then , they should have not considered the said employee . Remember, that all processes involved matters.

HR and Line Managers Must Work Together

HR and Line Managers Must Work Together

Line Managers are the Heads of the Departments or the one who manages the staff in a department. It is important that they work hand in hand with the HR Department for the achievement of the vision / mission of the organization. Both must work together to ensure the success of the company they are working with. It will be easier for the HR Department to implement the strategic plans if all managers understands this new trend in leading an organization.

HR must show full support to the Line Managers in order to expect the latters awareness of their responsibility to implement HR policies and procedures among their staff.

Recruitment

In the recruitment process for example, HR must inform the Line Managers about the prevailing processes and the accompanying forms to be used in fulfilling their manpower needs. In this procedure, the recruitment system will surely become smooth flowing and fast moving. From the filling-in of the Personnel Requisition Form up to the Selection Process, Line Managers and HR are often seen in the limelight. Hence, both parties are involved in the most critical process of choosing the right candidate for the vacant position.

Performance Management

Fair and the same approach must be applied by both HR and Line Managers when doing the Performance Evaluation most especially in giving feedbacks to the employee concerned. You can imagine the chaos it may produce if HR gives a different opinion about the result of the Performance rating given by the superior or most especially the Line Managers themselves. HR must provide a training program that would intend to educate the Line Managers on how to effectively and consistently implement the Performance Management System.

Conflict Resolution

You cannot get away with this. In every Organization there is a conflict or a dispute that needed to be resolved immediately. Hence, the importance of having a positive relationship between HR and Line Managers. If both parties are in good harmony then immediate resolution of the prevailing conflicts within the organization could be achieved.

TERMINATION OF EMPLOYMENT FOR EMPLOYEE ON PROBATIONARY STATUS

Case: The new employee was evaluated on her 5^th month and did not meet the expectation or the requirements which was set by the management with her prior to starting her first hour of work on her first day.  In other words, all expectations were made known to her during the orientation including the awareness to the company policies and procedures. Employee Handbook was also discussed and given to her in which she signed an acknowledgement.

 Is termination of employment and not putting her on a regular employment status valid and legal? How would you write the termination notice?

Answer:  Yes, definitely it is legal to terminate employment if the probationary employee failed to meet the expectation of her superior or the management. Just be sure to document the measures made like the Performance Evaluation , in case of poor performance and the Daily Attendance Record, in case of poor attendance. It would great too, to keep note of the warnings given be it verbal or written warning. And that's to make sure that everything had been done, like giving feedback in order to help the probationary employee improve her performance.

It is also advisable to evaluate the Probationary employee on their 3^rd and 5^th month. The termination notice should be received at least 30 days prior to its effectivity. To be safe, use the 30 day notice period.

In the termination notice, be sure to state the reason why, and the related / referred clause and chapter from the Employee Handbook.

Template for Notice of Termination of Probationary Employee

Dear ___________________,

With reference to Chapter ___, Clause _____of Employee Handbook, we regret to inform you that you failed to meet the requirements set for the job assigned to you.

Your performance rating result in the last 5^th month of your employment is not satisfactory, hence, the need to terminate your contract effective  ________________.

We appreciate the service and the time you have willingly shared with the company.

Very Truly Yours,

ON EMPLOYEE DISCIPLINE – AN EMPLOYEE COMMITTED A MAJOR OFFENSE

ON EMPLOYEE DISCIPLINE – AN EMPLOYEE COMMITTED A MAJOR OFFENSE

Case: A trusted and talented architect of a company had a violation of dishonesty. The violation is punishable with dismissal as per Employee handbook, under Employee Discipline. The said employee is already regular and had been with the company for 10 years. His position cannot be filled-in right away since there is a rarity of Architects in the country. Besides there is an ongoing projects that need to be finished on a specified deadline. Would you imposed or would you consider giving him a second chance?

Giving second chances to employees who have committed a major offense, if improperly handled, may lead to demoralization of the others who have doing good all throughout their employment. Hence, HR people must have to careful on cases like these.

It is such a sensitive issue and must consider many things legal and documented before going the revert of what was already written in the Employee Handbook. Yes, the dilemma is : this Employee has to be dismissed because of dishonesty but it will  be hard to replace him and an ongoing projects have to be finished soon otherwise it may lead to company losses because of lack of qualified manpower.

Some factors that maybe used for reconsideration are following:

1.      The case does not have a strong documentary evidence to substantiate testimonial evidences;

2.    The offense committed did not lead to substantial losses or damage to life or property . DOLE use this sometimes although subjective in nature.

3.    Check the 201 file records of said employee. If it is not so bad, then maybe worth to add as a point in reconsideration case.

Please note that in giving reconsideration as part of Employee Discipline, the whole part of the Committee has to joint force in arriving to a sound decision. Make sure to gather all evidences which places the employee to that Personnel Decision. Also, giving reconsideration doesn't mean not giving the concerned empoyee any punishment. It may just lead to a lighter punishment such as suspension with stern warning of having the second and last chance.