SECTION 7: TERMINATION POLICY

I. Purpose

AVCI Veterinary Practice is committed to maintaining a professional, ethical, and legally compliant workplace. Employment termination is considered a last resort and will be conducted fairly, lawfully, and in accordance with the Philippine Labor Code (Presidential Decree No. 442) and other applicable laws governing veterinary medicine and public health.
This policy defines valid grounds for termination, due process procedures, and the rights of both employers and employees to ensure transparency and compliance with legal labor standards.

II. Legal Basis for Termination

This policy is aligned with the following laws and regulations:
• Labor Code of the Philippines (PD 442) – Governs employment conditions, termination, and due process.
• Republic Act No. 9268 (The Philippine Veterinary Medicine Act of 2004) – Regulates professional conduct in veterinary medicine.
• Republic Act No. 8485 (The Animal Welfare Act of 1998, as Amended by RA 10631) – Protects animal welfare and prohibits unethical treatment.
• Republic Act No. 3720 (Food, Drug, and Cosmetic Act, as Amended by RA 9711) – Regulates veterinary drugs and ethical pharmaceutical practices.
• Republic Act No. 9482 (Anti-Rabies Act of 2007) – Mandates compliance with rabies prevention laws.
• Republic Act No. 6675 (The Generics Act of 1988) – Ensures proper labeling and prescription of veterinary drugs.

III. Rights of AVCI as an Employer

A. Rights Over Probationary Employees
• AVCI may terminate probationary employees at any time within the six (6)-month probationary period, provided that the termination follows due process and legal grounds.
• Probationary employees may be dismissed if they fail to meet AVCI’s performance standards, violate company policies, or commit acts under just causes for termination.
• The employer is not obligated to provide separation pay for terminated probationary employees unless termination is due to authorized causes.

B. Rights Over Regular Employees
• Regular employees are entitled to security of tenure and cannot be dismissed without just or authorized cause.
• AVCI has the right to terminate regular employees due to just causes (misconduct, fraud, or neglect of duties) or authorized causes (redundancy, business closure, or health reasons).
• Regular employees must submit a formal resignation letter and render 30 days from the date of effectivity before leaving employment.
• AVCI may deny immediate resignation if the employee fails to comply with proper turnover procedures, especially if their departure would disrupt clinic operations.

IV. Grounds for Termination

Employees may be terminated for just causes or authorized causes, as defined under the Philippine Labor Code and other relevant laws.

A. Just Causes for Termination

The following constitute grounds for termination due to employee misconduct or violations of company policies:

1. Serious Misconduct or Willful Disobedience
◦ Intentional violation of company policies, protocols, or lawful orders.
◦ Examples:
   ▪ Theft, fraud, or dishonesty.
   ▪ Disrespectful or abusive behavior toward supervisors, colleagues, or clients.
   ▪ Failure to follow legal instructions related to veterinary care and clinic operations.

2. Gross and Habitual Neglect of Duties
◦ Continuous failure to perform job responsibilities despite repeated warnings.
◦ Examples:
   ▪ Chronic absenteeism or tardiness, affecting clinic operations.
   ▪ Failure to properly handle or restrain animals, leading to harm or injury.
   ▪ Negligence in administering medication, violating RA 3720 (Food, Drug, and Cosmetic Act).

3. Fraud or Willful Breach of Trust
◦ Engaging in dishonest activities that compromise clinic integrity.
◦ Examples:
   ▪ Embezzlement, misuse of clinic funds, or falsification of records.
   ▪ Unethical veterinary practices, including false health certifications.
   ▪ Selling unregistered veterinary products in violation of RA 3720.

4. Commission of a Crime Against AVCI, Co-Workers, or Clients
◦ Any criminal act that impacts AVCI, its employees, or clients.
◦ Examples:
   ▪ Physical assault or harassment.
   ▪ Theft of clinic equipment or property.
   ▪ Violation of RA 8485 (Animal Welfare Act), such as engaging in animal cruelty, malpractice, or unethical euthanasia.

5. Violation of Veterinary Ethical Standards
◦ Breach of professional veterinary ethics as defined under RA 9268 (Veterinary Medicine Act of 2004).
◦ Examples:
   ▪ Performing unauthorized or harmful medical procedures on animals.
   ▪ Issuing fraudulent prescriptions, violating RA 6675 (Generics Act).
   ▪ Failure to comply with RA 9482 (Anti-Rabies Act) regarding rabies vaccination and public safety.

6. Persistent Violation of Company Policies or Code of Conduct
◦ Repeated violations despite prior warnings.
◦ Examples:
   ▪ Unauthorized absences, affecting patient care.
   ▪ Failure to follow safety protocols in handling infectious diseases.
   ▪ Disregard for drug inventory regulations, leading to mismanagement of veterinary pharmaceuticals.

7. Other Analogous Causes
◦ Any other behavior that disrupts AVCI’s operations, violates laws, or damages the clinic’s reputation.

B. Authorized Causes for Termination

AVCI may also terminate employment due to non-disciplinary reasons, including:

1. Business Closure or Retrenchment
◦ If AVCI permanently ceases operations or reduces workforce due to financial instability.
◦ Employees affected may be entitled to separation benefits per the Labor Code.

2. Redundancy
◦ If a position becomes redundant due to technological advancements or restructuring.

3. Health-Related Grounds
◦ If an employee becomes medically unfit to perform duties and no reasonable accommodations can be made.

V. Proper Termination Procedures

A. Termination Procedure for Probationary Employees (Did Not Reach 6 Months)

1. The employee will receive a Notice of Termination stating the reason for dismissal.
2. A final evaluation will be conducted to assess performance, attendance, and conduct.
3. The employee will be notified of their last working day and final compensation details.
4. Separation pay is not required, unless termination falls under authorized causes.

B. Termination Procedure for Regular Employees

AVCI adheres to the “Two-Notice Rule” under the Philippine Labor Code:

1. Step 1: Notice to Explain (NTE)
◦ The employee will receive a written notice specifying the alleged violation.
◦ The employee has five (5) working days to submit a written explanation or defense.

2. Step 2: Hearing or Conference
◦ A formal meeting will be conducted, allowing the employee to present their side.
◦ The employee may bring witnesses or supporting documents if necessary.

3. Step 3: Final Decision Notice
◦ AVCI management will review all evidence and issue a final written decision stating:
▪ Whether the employee will be terminated or subject to disciplinary action.
▪ If termination is confirmed, the effective date and final compensation details.

C. Resignation Procedure for Regular Employees

1. The employee must submit a formal resignation letter stating the effective date.
2. The employee is required to render 30 days from the date of effectivity for turnover.
3. Failure to comply with the 30-day notice may result in penalties or forfeiture of final pay.

VI. Review and Amendments

• This policy will be reviewed annually to ensure compliance with updated labor laws and veterinary regulations.
• Amendments will be communicated to all employees and incorporated into AVCI’s Employee Handbook.