Labor Law and Employment

An employee may be terminated based on any of the following causes, to wit:

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1. Just Causes:

 

          a. Termination by the Employer (Art. 297[282] of the Labor Code)

                 i. Serious misconduct or willful disobedience by the employee of the lawful orders of his                       employer or representative in connection with his work;

                ii. Gross and habitual neglect by the employee of his duties;

                iii. Fraud or willful breach by the employee of the trust reposed in him by his employer or                    duly authorized representative;

                iv. 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; and

                v. Other causes analogous to the foregoing.

 

         b. Prohibited Activities (Art. 297(a) [264(a)] of the Labor Code)

                 i. Union officers who knowingly participate in an illegal.

                ii. Any employee, union officer or ordinary member who knowingly participates in the                          commission of illegal acts during a strike, whether legal or illegal.

 

          c. National Interest Cases (Art. 278g [263g] of the Labor Code)

                 i. Strikers who violate orders, prohibitions and/or injunctions issued by the DOLE                                     Secretary or the NLRC.

 

           d. Union Security Clause (Art. 259e [248e] of the Labor Code) – employees who violate the                    union  security agreement in the CBA, such as failure to join the union, or to maintain his                   membership in good standing therein, or commits an act of disloyalty against the union.

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          e. Just causes under prevailing jurisprudence

                    i. Violation of Company Rules and Regulations or Code of Conduct or Code of Discipline.

                   ii. Theft of property owned by a co-employee.

                   iii. Incompetence, inefficiency or ineptitude.

                   iv. Failure to attain work quota.

                   v. Failure to comply with weight standards of employer.

                   vi. Attitude problem.

 

2. Authorized Causes:

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            a. Installation of labor-saving devices;

            b. Redundancy;

            c. Closure or cessation of business operations not due to serious business losses or financial                reverses;

            d. Closure or cessation of business operations due to serious business losses or financial                      reverses;

            e. An employee who has been found to be suffering from any disease and whose continued              employment is prohibited by law or is prejudicial to his health as well as to the health of his                co-employees.