Right, Duties and Benefits          
  Issue: July 2007  
The Dismissal of an Employee


What are the authorized causes for termination of employment?

Articles 283 and 284 pf the Labor Code enumerate the authorized causes for termination of employment, to wit:

  1. installation of labor-saving devices
  2. redundancy
  3. retrenchment
  4. closure or cessation of business
  5. disease

How can an employer effect the dismissal of an employee?

The employer shall furnish the worker whose employment is sought to be terminated a written notice containing a statement of the causes for the termination and shall afford the latter ample opportunity to be heard and to defend himself with the assistance of his representative, if he so desires, in accordance with the company rules and regulations promulgated pursuant to the guidelines set by the Department of Labor and Employment (DOLE).

Any decision taken by the employer shall be without prejudice to the right of the worker to contest the validity or legality of his dismissal by filing a complaint with the regional branch of the NLRC.

What are the just causes for dismissal of an employee by an employer?

The following are the just causes stated in Art. 282 of the Labor Code:

  1. Serious misconduct
  2. Willful disobedience to lawful orders of the employer or representative in connection with his work
  3. Gross and habitual neglect of duty
  4. Fraud and willful breach of trust
  5. Commission of crime against the person of the employer, his representative or any immediate member of his family
  6. Analogous causes

Other causes of dismissal by an employer, not stated in Art. 282:

  1. Termination pursuant to a union shop/closed shop agreement in a Collective Bargaining Agreement (CBA)
  2. Defiance of an employee of a Return-to-Work order
  3. Failure to meet the standards set in a probationary contract of employment

[Source: www.dole.gov.ph]