Employees in the Philippines enjoy security of tenure. Under the Labor Code, no employee may be terminated or dismissed, except for just or authorized causes. The employer has the burden of proving, among others, that the facts support the elements of the cause used by the company to justify the employment termination. Each ground has specific elements. It is important, therefore, for management, or at least the HR staff, to be familiar with these factors.
For a termination to be valid on the ground of commission of a crime or offense, the following elements must be present:
- 1. There must be an act or omission punishable/prohibited by law; and
- 2. The act or omission was committed by the employee against the person of employer, any immediate member of his/her family, or his/her duly authorized representative.
| Just causes: * 1. Serious misconduct * 2. Willful disobedience or insubordination * 3. Gross and habitual neglect of duties * 4. Fraud or willful breach of trust * 5. Loss of trust and confidence * 6. Commission of a crime or offense * 7. Analogous causes | Authorized causes: * 1. Installation of labor-saving devices * 2. Redundancy * 3. Retrenchment or downsizing * 4. Closure or Cessation of Operation * 5. Disease * Also: Due Process in termination cases |
Atty. Fred Pamaos is a member of P&L Law (click on photo/name for profile). No legal advice is given in this forum. For other questions, use the "Contact Us" link.
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