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    Termination of Employment

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    suchezia lopez
    This document discusses the termination of employment by an employer under Philippine law. It provides that when determining penalties for an erring employee, their offenses should be considered in totality rather than separately. Employees terminated for just causes are generally not entitled to separation pay unless company policy or collective bargaining agreements state otherwise. Just causes for dismissal include serious misconduct, willful disobedience, neglect of duties, fraud, and commission of crimes against the employer or their family. Due process, including notice and opportunity to be heard, must be followed for substantive and procedural validity of dismissals.

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    Termination of Employment

    Uploaded by

    suchezia lopez
    69 views4 pages
    This document discusses the termination of employment by an employer under Philippine law. It provides that when determining penalties for an erring employee, their offenses should be considered in totality rather than separately. Employees terminated for just causes are generally not entitled to separation pay unless company policy or collective bargaining agreements state otherwise. Just causes for dismissal include serious misconduct, willful disobedience, neglect of duties, fraud, and commission of crimes against the employer or their family. Due process, including notice and opportunity to be heard, must be followed for substantive and procedural validity of dismissals.

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    TERMINATION OF EMPLOYMENT

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    This document discusses the termination of employment by an employer under Philippine law. It provides that when determining penalties for an erring employee, their offenses should be considered in totality rather than separately. Employees terminated for just causes are generally not entitled to separation pay unless company policy or collective bargaining agreements state otherwise. Just causes for dismissal include serious misconduct, willful disobedience, neglect of duties, fraud, and commission of crimes against the employer or their family. Due process, including notice and opportunity to be heard, must be followed for substantive and procedural validity of dismissals.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    69 views4 pages

    Termination of Employment

    Uploaded by

    suchezia lopez
    This document discusses the termination of employment by an employer under Philippine law. It provides that when determining penalties for an erring employee, their offenses should be considered in totality rather than separately. Employees terminated for just causes are generally not entitled to separation pay unless company policy or collective bargaining agreements state otherwise. Just causes for dismissal include serious misconduct, willful disobedience, neglect of duties, fraud, and commission of crimes against the employer or their family. Due process, including notice and opportunity to be heard, must be followed for substantive and procedural validity of dismissals.

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    © All Rights Reserved
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    of 4

    TERMINATION OF EMPLOYMENT

    Art. 297: Termination by Employer

    Totality of Infractions Doctrine


    The totality of instructions or number of violations
    committed during the period of employment shall be
    considered in determining the penalty to be imposed
    on erring employee. The offenses committed should
    not be taken singly and separately but in their totality.

    Entitlement to Separation Pay


    General Rule: an employee whose employment is
    terminated by reason of just causes is not entitled to
    separation pay except as expressly provided for in the
    company policy or CBA

    Reason: lawbreakers should not benefit from their


    illegal acts

    Except: when the court finds justification in applying


    the principle of social justice well-entrenched in the
    1987 Constitution

    Note: an employee dismissed for valid cause, although


    not entitled to separation pay, is still entitled to:

    1. benefits under the Labor Code or other existing


    laws

    2. benefits granted by CBA provisions

    3. benefits granted by voluntary management


    policy or practice

    Two-fold Process Requirement


    1. Substantive aspect which means that the
    dismissal must be for any of the:
    a. just cause; and
    b. authorized causes
    2. Procedural aspect which means that the
    employee must be accorded due process, the
    elements of which are notice and the opportunity
    to be heard and to defend himself

    JUST CAUSES OF DISMISSAL BY EMPLOYER


    1. serious misconduct or willful disobedience by the
    employee of the lawful orders of his employer or
    representative in connection with his work

    2. Gross and habitual neglect by the employee of


    his duties

    3. fraud or willful breach by the employee of the


    trust reposed in him by his employer or duly
    authorized representative

    4. Commission of a crime or offense by the


    employee against the person of his employer or
    any immediate member of his family or his duly
    authorized representatives

    5. Other causes analogous

    DISCUSSION ON JUST CAUSES


    1. Serious Misconduct
    Misconduct has been defined as transgression
    of some established and definite rule of action, a
    forbidden act, a dereliction of duty, willful in
    character, and implies wrongful intent and not
    mere error in judgment

    Requisites:
    a. There must be misconduct
    b. the misconduct must be of such grave and
    aggravated character
    c. it must relate to the performance of the
    employee’s duty
    d. there must be showing that the employee
    becomes unfit to continue working for the
    employer

    Example:
    a. sexual harassment
    b. fighting within company premises
    c. uttering obscene, insulting or offensive
    words against a superior
    d. falsification of time records
    e. sexual intercourse inside company premises
    and during work hours
    f. Theft of company owned property
    g. Gross immortality

    In determination of whether a conduct is


    disgraceful or immoral involves a two step
    process
    1. a consideration of the totality of the
    circumstances surrounding the conduct; and

    2. an assessment of the said circumstances vis-à-


    vis the prevailing norms of conduct, i.e., what
    the society generally considers moral or
    respectable.

    when the law speaks of immoral or, necessarily,


    disgraceful conduct, it pertains to public and secular
    morality and not religious; did you refers to those
    conducts which are proscribed because they are
    detrimental to conditions upon which depend the
    existence and progress of human society.

    WILLFUL DISOBEDIENCE or INSUBORDINATION


    Insubordination refers to the refusal to obey some
    order, which a superior is entitled to give and have
    obeyed. It is a willful or intentional disregard of the
    lawful and reasonable instructions of the employer.

    Requisites:
    a. there must be disobedience or insubordination
    b. the disobedience or insubordination must be
    willful or intentional characterized by a wrongful
    or perverse attitude

    c. the order violated must be reasonable, lawful


    and made known to the employee

    d. the order must pertain with the duties which he


    has been engaged to discharge

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