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.
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Analogous Causes: Just Cause in Employment Termination
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.
Continue readingGross and Habitual Neglect of Duties: Just Cause in Employment Termination
Gross and habitual neglect is considered a just cause for dismissing an employee under Article 297(b) of the Labor Code. 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.
Continue readingSerious Misconduct: Just Cause in Employment Termination
An employer may terminate an employment for serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work. 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.
Continue readingFraud or Willful Breach of Trust: Just Cause in Employment Termination
Article 297(c) of the Labor Code provides that an employee may be dismissed for “fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative.” This particular provision speaks of two grounds: (a) fraud; and (b) loss of trust and confidence. The latter is discussed in a separate post.
Continue readingInstallation of Labor-saving Devices: Authorized Cause in Employment Termination
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.
Continue readingLoss of trust and confidence: Just Cause in Employment Termination
Article 297(c) of the Labor Code prescribes two separate and distinct grounds for termination of employment, to wit: (1) fraud; or (2) willful breach by the employee of the trust reposed in him by his employer or duly authorized representative. Fraud is discussed in a separate post. This discussion only tackles loss of trust and confidence.
Continue readingCommission of a Crime or Offense: Just Cause in Employment Termination
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.
Continue readingLabor Advisory No. 5, series of 2019: Payment of Wages for the Regular Holidays on April 9, 18 and 19, 2019 and Special (Non-working) Day on April 20, 2019 (full text)
LABOR ADVISORY 05
Series of 2019
Payment of Wages for the Regular Holidays on April 9, 18 and 19, 2019 and Special (Non-working) Day on April 20, 2019
Continue readingProclamation No. 555: Declaring the Regular and Special National Holidays for 2019
[On 15 August 2018, Malacanang issued Proclamation No. 555, declaring the regular holidays and special non-working days for 2019. Here is the full text of Proclamation No. 555.]
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