This document discusses security of tenure and different types of employment under Philippine labor law. It defines regular employment as employment that is necessary for the employer's business, and casual employment as work that is not considered regular. Probationary employment cannot exceed 6 months, and employees must be given just cause or fail to meet performance standards to be terminated during this period. The document also provides a sample labor case where an employee was constructively dismissed without due process during her probationary period and was awarded reinstatement and back wages.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
Contains topics related with labor relations law, Corporate bargaining, Right to self-organization, Who can join unions, who cannot join unions and the executive no. 180 of the Philippine Constitution.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
Contains topics related with labor relations law, Corporate bargaining, Right to self-organization, Who can join unions, who cannot join unions and the executive no. 180 of the Philippine Constitution.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Notice to Explain SAMPLE FORM (First Notice)PoL Sangalang
This is one of my suggested format for the FIRST NOTICE in the observance of procedural process under the Philippine law on termination of employment (otherwise known as the "two notice rule" or "2 notice rule").
This format is based on the requirements of the Omnibus Rules Implementing the Labor Code of the Philippines and latest jurisprudence from the Philippine Supreme Court.
This is the first FORMAL step in terminating an employee based on JUST CAUSE.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Notice to Explain SAMPLE FORM (First Notice)PoL Sangalang
This is one of my suggested format for the FIRST NOTICE in the observance of procedural process under the Philippine law on termination of employment (otherwise known as the "two notice rule" or "2 notice rule").
This format is based on the requirements of the Omnibus Rules Implementing the Labor Code of the Philippines and latest jurisprudence from the Philippine Supreme Court.
This is the first FORMAL step in terminating an employee based on JUST CAUSE.
Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in t...virgilio gundayao
Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in the Philippines which are geared towards the improving the quality of education in the country, specially the public school teachers, college professors in the LUCs, SUCs, TVETs, etc. Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in the Philippines
HOW TO INSERT PAGE NUMBERING IN SPECIFIC PAGE?Chia Siew Lian
Sometimes, we do struggle on how to insert page numbers on word when doing thesis since the front part should be in Roman numbering while the content part should be in Arabic numbering. This presentation is created to guide you in inserting page numbers in desired page in Microsoft Word 2007.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
This country-specific Q&A provides an overview to employment
and labour law in Ireland. It will cover termination of employment, procedures, protection for workers, compensation as well as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned.
This is a poem written by Robert Lee Frost, which is all about a joke for his friend Edward Shelby. The poem is all about the choices we make in life and the consequences that it brings in our life which makes all the difference.
Labor law as it is historically known, concerns regulation in the workplace. It creates rights and responsibilities in the employment relationship between employers and employees. Employee rights is a term that deals with various practices that provide protection to an employee in an organization.
Termination of Employment Contracts under Turkish LawMelis Buhan Öncel
Under Turkish Labor Law numbered 4857 ("Labor Law"), there are two main categories of employment contracts, namely i) employment contracts concluded for an indefinite period and ii) employment contracts concluded for a definite period. Accordingly, please see our note regarding the termination of employment contracts in Turkey.
Watch this expert-led webinar to learn effective tactics that high-volume hiring teams can use right now to attract top talent into their pipeline faster.
Accelerating AI Integration with Collaborative Learning - Kinga Petrovai - So...SocialHRCamp
Speaker: Kinga Petrovai
You have the new AI tools, but how can you help your team use them to their full potential? As technology is changing daily, it’s hard to learn and keep up with the latest developments. Help your team amplify their learning with a new collaborative learning approach called the Learning Hive.
This session outlines the Learning Hive approach that sets up collaborations that foster great learning without the need for L&D to produce content. The Learning Hive enables effective knowledge sharing where employees learn from each other and apply this learning to their work, all while building stronger community bonds. This approach amplifies the impact of other learning resources and fosters a culture of continuous learning within the organization.
Becoming Relentlessly Human-Centred in an AI World - Erin Patchell - SocialHR...SocialHRCamp
Speaker: Erin Patchell
Imagine a world where the needs, experiences, and well-being of people— employees and customers — are the focus of integrating technology into our businesses. As HR professionals, what tools exist to leverage AI and technology as a force for both people and profit? How do we influence a culture that takes a human-centred lens?
1. Security of Tenure andSecurity of Tenure and
Kinds of EmploymentKinds of Employment
Prepared by: Ruth P. Mocorro
Legal Aspects of Management
2. Security of TenureSecurity of Tenure
Article 279. Security of tenure.
In cases of regular employment, the employer shall not terminate the
services of an employee except for a just cause or when authorized by
this Title. An employee who is unjustly dismissed from work shall be
entitled to reinstatement without loss of seniority rights and other
privileges and to his full backwages, inclusive of allowances, and to his
other benefits or their monetary equivalent computed from the time
his compensation was withheld from him up to the time of his actual
reinstatement. (As amended by Section 34, Republic Act No. 6715,
March 21, 1989)
3. Security of TenureSecurity of Tenure
It is one of the Basic Rights of workers
(BWC-DOLE)
Every employee shall be assured security of
tenure.
The right NOT TO BE REMOVED from work
except for a just or authorized cause, and
only after due process.
4. Security of TenureSecurity of Tenure
Excerpt from Sec. 3 Art. XIII of the 1987 Philippine Constitution.
“The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all. It
shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law.
They shall be entitled to security of tenure, humane
conditions of work, and a living wage.”
5. Security of TenureSecurity of Tenure
JUST CAUSE
(any wrongdoing committed by an
employee)
•serious misconduct
•willful disobedience of employers' lawful
orders connected with work
•gross and habitual neglect of duty
•fraud or willful breach of trust
•commission of crime or offense against the
employer, employer's family member/s or
representative
•other analogous case
AUTHORIZED CAUSE
(an economic circumstance not due to
the employee's fault)
•the introduction of labor-saving devices
•redundancy
•retrenchment to prevent losses
•closure or cessation of business
DUE PROCESS in cases of just cause involves:
• notice to employee of intent to dismiss and grounds for dismissal
• opportunity for employee to explain his or her side
• notice of decision to dismiss
6. Kinds of EmploymentKinds of Employment
Article 280. Regular and casual employment.
The provisions of written agreement to the contrary notwithstanding
and regardless of the oral agreement of the parties, an employment
shall be deemed to be regular where the employee has been engaged
to perform activities which are usually necessary or desirable in the
usual business or trade of the employer, except where the
employment has been fixed for a specific project or undertaking the
completion or termination of which has been determined at the time
of the engagement of the employee or where the work or service to
be performed is seasonal in nature and the employment is for the
duration of the season.
7. Kinds of EmploymentKinds of Employment
An employment shall be deemed to be casual if it is not covered by
the preceding paragraph: Provided, That any employee who has
rendered at least one year of service, whether such service is
continuous or broken, shall be considered a regular employee with
respect to the activity in which he is employed and his employment
shall continue while such activity exists.
8. Kinds of EmploymentKinds of Employment
Article 281. Probationary employment.
Probationary employment shall not exceed six (6) months from the
date the employee started working, unless it is covered by an
apprenticeship agreement stipulating a longer period. The services of
an employee who has been engaged on a probationary basis may be
terminated for a just cause or when he fails to qualify as a regular
employee in accordance with reasonable standards made known by
the employer to the employee at the time of his engagement.
An employee who is allowed to work after a probationary period
shall be considered a regular employee.
9. Sample CaseSample Case
[G.R. NO. 177937. 19 JANUARY 2011]
ROBINSONS GALLERIA/ ROBINSONS SUPERMARKET
CORPORATION AND/OR JESS MANUEL,
Petitioner,
VS.
IRENE R. RANCHEZ,
Respondent.
10. Sample CaseSample Case
[G.R. NO. 177937. 19 JANUARY 2011][G.R. NO. 177937. 19 JANUARY 2011]
THE FACTS:
•Sanchez was a probationary employee of Robinsons Galleria/Robinsons Supermarket Corp for a
period of five (5) months, or from Oct 15, 1997 to Mar 14, 1998.
•She underwent 6 weeks of training as cashier before she was hired last Oct 15, 1997.
•She reported loss of Php20,000 to management. Management ordered that Sanchez be strip-
searched but yielded nothing.
•Sanchez acknowledged her responsibility and requested that she be allowed to settle and pay
the lost amount. However, petitioner Manuel did not heed her request and instead reported the
matter to the police.
•Sanchez was jailed for two weeks and charged for qualified theft.
•On Nov 25, 1997, Sanchez filed a case for illegal dismissal and damages.
•Petitioners sent to respondent by mail a notice of termination and/or notice of expiration of
probationary employment dated March 9, 1998.
•Labor arbiter dismissed complaint but ordered reinstatement. NLRC ruled that there was
constructive dismissal and ordered reinstatement and backwages. CA affirmed but ruled that
separation pay would be paid in lieu of reinstatement.
11. Sample CaseSample Case
[G.R. NO. 177937. 19 JANUARY 2011][G.R. NO. 177937. 19 JANUARY 2011]
THE ISSUE:
•Whether there was illegal dismissal.
THE RULING:
•Yes, Sanchez was not afforded due process. As probationary employee, she could be dismissed
for just cause, authorized cause or for failure to meet the standards set.
•The due process requirements under the Labor Code are mandatory and may not be supplanted
by police investigation or court proceedings. Thus, employers are mandated to conduct their own
separate investigation, and to accord the employee every opportunity to defend himself.
•Respondent was constructively dismissed by petitioner Supermarket effective October 30, 1997.
It was unreasonable for petitioners to charge her with abandonment for not reporting for work
upon her release in jail.
•As an illegally or constructively dismissed employee, respondent is entitled to: (1) either
reinstatement, if viable, or separation pay, if reinstatement is no longer viable; and (2)
backwages.
THE DECISION:
•That petitioners were ordered to pay respondent Irene R. Ranchez separation pay equivalent to
one (1) month pay and backwages from October 30, 1997 to March 14, 1998.
SECURITY OF TENURE
is one of the basic rights of workers (BWC-DOLE)
is the right not to be removed from one’s job except for a valid reason and through proper procedure
this right is guaranteed in the Constitution
SECURITY OF TENURE
is one of the basic rights of workers (BWC-DOLE)
is the right not to be removed from one’s job except for a valid reason and through proper procedure
this right is guaranteed in the Constitution
Backwages shall be computed from the date she was illegally dismissed to the date her probationary employment ends.