Termination Cases

April 23, 1976POLICY INSTRUCTIONS NO. 14-76TO:All Regional Director   SUBJECT:Termination Cases Under PD 850, termination cases — with or without CBA — are now placed under the original jurisdiction of the Regional Director. Preventive suspension cases, now made cognizable for the first time, are also placed under the Regional Director. Before PD 850, termination cases where there was a CBA were under the jurisdiction of the grievance machinery and voluntary arbitration, while termination cases where there was no CBA were under the jurisdiction of the Conciliation Section. digestIn more details, the major innovations introduced by PD 850 and its implementing rules and regulations with respect to termination and preventive suspension cases are:1. The Regional Director is now required to rule on every application for clearance, whether there is opposition or not, within ten days from receipt thereof.2. If there is no opposition, the ten days within which to file it having lapsed, the employer may shut down or terminate the employee concerned, unless stopped by the Regional Director under Article 272 of the Code. If not...