The reason for termination may be due serious misconduct, redundancy, cessation business and others. Before an employer dismisses an employee, the due process must be properly observed regardless of the ground for termination. Dismissing employees is the act by the employer of terminating their employment on the ground of just causes and after observance of substantive and procedural due process. For termination of employment as defined in Article 283 of the Labor Code, the requirement of due process shall be deemed complied with upon the service of a written notice to the employee and the appropriate Regional Office of the Department of Labor and Employment at least thirty days before [effectivity] of the termination, specifically the ground or grounds for termination. 1592, in relation to Art. No. The — Concept of dismissal of an employee. Termination by Employer An employer can terminate an employee based on a just or authorized cause. In San Miguel Properties v. Gucaban (G.R. If an employee is unhappy with his work or would like to seek greener pastures, the normal recourse is to resign. For termination of employment due to an authorized cause, the employee is dismissed because the management exercised its business prerogative, not because the employee was at fault. Due process requirement. In cases of termination due to just or authorized causes, the employer must comply with procedural due process. Employers must take the components of procedural due process to prevent any violation of the labor code. With respect to Art. The due process involved in ‘just cause’, as stipulated under Article 296 of the Philippine Labor Code, indicates that a regular employee may be terminated under the following conditions: * In cases of willful and intentional disobedience, or gross misconduct, with regards to the contractual obligations in terms of the assigned and required work-related duties. 284 *299. The employer satisfies procedural due process, which constitutes compliance with the procedures laid down in the Labor Code, after serving a written notice of termination to the employee concerned, and the appropriate regional office of the Department of Labor and Employment, at least 30 days before the effective date of the termination, specifying the ground/s for termination. Elvin B. Villanueva.. An employer may not be sure how to handle a situation, either due to their inexperience or the complexity of the circumstances, and mistakes can happen. — In all cases of termination of employment, the following standards of due process shall be substantially observed. Proper due process must be observed when dismissing employees due to authorized causes. Your employer should submit documents and undergo due process when terminating employees because of authorized causes. The illegal dismissal of an employee is one of the most common labor cases filed in the Philippines. Ms Li is a member of the Integrated Bar of the Philippines. D.O. For termination of employment based on just causes as … A look at the key legal provisions governing the termination of employment in Philippines, including grounds for dismissal, notice requirements and severance pay, among other things. NOTICE TO DOLE THROUGH ESTABLISHMENT FORM. Termination of employment in the Philippines can be a complex process for employers since the Labor Code is construed in favor of employees. For several weeks now, we have been discussing due process and termination of employment. Termination of employment should undergo due process. A group termination of employment is the termination of employment of 50 or more employees working at a single industrial establishment either on the same date or within any 4 week period. There are five different types of employment in the Philippines and they are determined by the nature and/or existence of activities that an employee is required to perform. It is similar to the failure to observe the provisions of Art. 147-15 expressly provides for the specific standards in applying the just and authorized causes and specifically outlines the due process of termination of employment. NOTICE TO EXPLAIN (SHOW CAUSE MEMO) [Sample Form] This is one of my suggested formats for the FIRST NOTICE in the observance of procedural due process under the Philippine law on termination of employment (otherwise known as the "two notice rule" or "twin notice rule"). While a management prerogative, it is subject to the two-fold limitations of good faith and employee rights. company policies, termination of employment, collective bargaining negotiations, labour law audits and compliance. Separation Pay in the Philippines - Reasons for Termination. The law authorizes termination of employment on the ground of disease found in Article 284 [now Article 299 in a renumbered Labor Code] of the Labor Code. 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