company policies, termination of employment, collective bargaining negotiations, labour law audits and compliance. 1592, in relation to Art. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition by Atty. Termination by Employer An employer can terminate an employee based on a just or authorized cause. 284 *299 or termination due to health reasons. In San Miguel Properties v. Gucaban (G.R. Through Department Order … Ms Li is a member of the Integrated Bar of the Philippines. For termination of employment based on just causes as … Due process requirement. I. Related Topic: How to Dismiss an Erring Employee the Right Way D ismissal for an authorized cause does not necessarily imply delinquency or culpability on the part of the employee. The … The Supreme Court reasoned that, in cases of termination for blameworthy conduct, it could be said that the process is effectively initiated by the employee because he or she provided the grounds for the dismissal by committing the culpable act or omission. With respect to Art. Due Process in Termination of Employment due to Retrenchment. 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. No. “x x x Unlike under the first ground for the valid termination of probationary employment which is for just cause, the second ground failure to qualify in accordance with the standards prescribed by employer does not require notice and hearing. Proper due process must be observed when dismissing employees due to authorized causes. In such cases, employers must notify the Minister of Labour in writing of their planned group termination of employment at least 16 weeks before the employment terminations begin. Today, we will talk about resignation . Elvin B. Villanueva.. Posted on September 09, 2015. Since loss of trust and confidence is among the just causes of termination of employment, two-notice rule in dismissing employees must be observed. — In all cases of termination of employment, the following standards of due process shall be substantially observed. 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. 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. 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. 283 of the Labor Code, the employer's failure to comply with the notice requirement does not constitute a denial of due process but a mere failure to observe a procedure for the termination of employment which makes the termination of employment merely ineffectual. There are two approaches to end employer-employee relationship, the first one is the ground zero of our recent blog series– employer initiated which is termination. Before an employer dismisses an employee, the due process must be properly observed regardless of the ground for termination. If your dismissal is due to retrenchment, your employer should submit proof of actual or imminent financial losses that are substantive in character to justify this authorized cause. 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. The employee will be given a chance to answer the allegations within a reasonable period. 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. For termination of employment as defined in Article 283 of the Labor Code, the requirement of due process shall be deemed complied with upon 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, specifying the ground or grounds for termination. While a management prerogative, it is subject to the two-fold limitations of good faith and employee rights. If an employee is unhappy with his work or would like to seek greener pastures, the normal recourse is to resign. Unlike the United States of America, which has an “at-will employment” doctrine, employers in the Philippines can only terminate their relationship with an employee if a “just” or “authorized” cause, as defined under the law, has been established, after undergoing due process. The illegal dismissal of an employee is one of the most common labor cases filed in the Philippines. 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