SlideShare a Scribd company logo
Termination of Employee under
the Labor Code
Post-Employment | lexrex.ph
It covers those
establishments for profit
or not.
(Art. 294)
What
establishments
are covered by
the provisions on
Termination
under the Labor
Code?
lexrex.ph | For educational purposes only
Kinds of Employees
He is protected from
terminations that are not
for a just cause or
authorized cause under
the Labor Code.
(Art. 294)
What is the
protection of a
regular
employee?
lexrex.ph | For educational purposes only
Those who are performing
activites who are usually
necessary or desirable in the
usual business or trade of the
employer, regardless of the
contrary agreements of the
parties.
(Art. 295)
Provided, that if he has rendered at least
one year of service (continuous or broken),
he shall be considered as regular
employee. (Art. 295)
Or an employee allowed to work after the
probationary period (Art. 296)
What is a regular
employee?
lexrex.ph | For educational purposes only
1. Whose employment has
been fixed for a specific
project or undertaking.
2. The completion or
termination must be
determined at the time of the
engagement. The one-year
condition does not apply.
(Art. 295)
What is a project
employee?
lexrex.ph | For educational purposes only
1. Whose employment has
been fixed for a specific
season.
2. The completion or
termination must be
determined at the time of
the engagement.
(Art. 295)
What is a
seasonal
employee?
lexrex.ph | For educational purposes only
Those whose employment
are not covered by the
aforementioned descriptions.
Provided, that if he has
rendered at least one year
of service (continuous or
broken), he shall be
considered as regular
employee. (Art. 295)
(Art. 295)
What is a casual
employee?
lexrex.ph | For educational purposes only
One whose employment
does not exceed 6
months unless he is
covered by an
apprenticeship
agreement stipulating for
a longer period.
(Art. 296)
What is a
probationary
employee?
lexrex.ph | For educational purposes only
1. For a just cause; or
2. Failure to qualify with
the reasonable
standards made
known by the
employer at the time
of his engagement.
(Art. 296)
How can a
probationary
employee be
terminated?
lexrex.ph | For educational purposes only
A worker covered by an apprenticeship agreement
with an individual employer for highly-skilled
occupations and undergoing practical training for
more than 3 months in an apprenticeable occupation
and is supplemented by theoretical instructions.
“Apprenticeable Occupations” - highly technical or any
form of employment that requires more than 3 months
of practical training on the job supplemented by
related theoretical instruction. (TESDA Law)
Qualifications (Art. 59)
● Age: At least 14 yrs old;
● Competence: Possesses vocational aptitude and
capacity for appropriate tests;
● Adaptability: Ability to comprehend and follow oral
and written instructions.
Appropriate educational requirements for different occupations may be
recommended by trade associations to the SOLE.
(Art. 58 Labor Code)
What is an
apprentice?
lexrex.ph | For educational purposes only
Are persons hired as trainees in
non-apprenticeable occupations
(semi-skilled, industrial, and others)
and which may be learned through
practical training on the job in a
relatively short period which shall
not exceed 3 months.
(Art. 73 Labor Code)
⭐ Employer is required to hire a learner
after the training - emphasized by Atty
Yusay
What is a
Learner?
lexrex.ph | For educational purposes only
Domestic worker or "Kasambahay"
refers to any person engaged in
domestic work within an
employment relationship such as,
but not limited to, the following:
general househelp, nursemaid or
"yaya", cook, gardener, or laundry
person, but shall exclude any
person who performs domestic
work only occasionally or
sporadically and not on an
occupational basis. (R.A. No.
10361, Sec. 2(d])
What is a
Kasambahay
?
lexrex.ph | For educational purposes only
Industrial Homeworker System of
production under which work for an
employer or contractor is carried
out by a homeworker at his/her
home. Materials may or may not be
furnished by the employer or
contractor
(Labor Code, Art. 154)
What is a
Home
Worker?
lexrex.ph | For educational purposes only
APPRENTICE LEARNERS
Employer’s Commitment
Not committed to hire after the
agreement
⭐ To hire learner at the end of 3 months
if the learner is willing (because job is
easily learned)
Occupation
Apprenticeable Occupation employed
by highly technical industries
Non-apprenticeable jobs (easily learned)
Agreement Apprenticeship agreement
Training duration
Not exceed 6 months
If exceeds 6 months, converted to
regular employment.
3 months or less
Training
Must include supplemental theoretical
instruction
No need for supplemental theoretical
instruction
Industry or competence Highly technical industry Semi-skilled
Wages
Not less than 75% of the minimum
wage except if apprenticeship is
required by the school
Termination/Dismissal of
Employment
He is entitled to
reinstatement without loss
of seniority right, other
privileges, and full
backwages, inclusive of
allowances,
benefits/monetary
equivalent.
(Art. 294)
What is the
entitlement of
employee who
was unjustly
dismissed?
lexrex.ph | For educational purposes only
From the time the
employee’s
compensation was
withheld from him to the
time of his actual
reinstatement.
(Art. 294)
When will the
computation
period of the
backwages?
lexrex.ph | For educational purposes only
1. Serious misconduct or willful
disobedience to the lawful
orders
2. Gross and habitual neglect by
the employee of his duties
3. Fraud or willful breach of the
trust reposed in him
4. Commission of a crime against
the person of his employer or
any immediate family member
of the latter;
5. Other analogous causes to the
foregoing.
(Art. 297)
What are the just
causes for
termination?
lexrex.ph | For educational purposes only
So long as the management’s
prerogatives are exercised in
good faith, and not to defeat
the rights of the employees,
the Court will uphold them.
(International Catholic vs. NLRC)
Management prerogative to transfer, demote,
discipline is valid provided it is not tainted with
ULP.
How do you balance
the management’s
right to advance the
business and the
employee’s right?
lexrex.ph | For educational purposes only
It must not be a strict harsh penalty
of dismissal from service
1. It must not be tainted with ULP;
2. It must be a valid management
prerogative;
3. It must be founded on
established facts;
4. A measure of self-protection.
5. “It would demoralize rank-and-file
employees if the undeserving
remains in service.”
For a just cause to
be upheld, what
must be present?
lexrex.ph | For educational purposes only
The employer has the burden to
affirmatively show adequate
evidence that the dismissal was for
justifiable cause.
Technical rules of procedure are not
binding on labor cases.
-Heavylift Manila vs. CA
Who has the
burden of
proof?
lexrex.ph | For educational purposes only
Misconduct
A transgression of some
established and definite
rule of action, not merely
trivial and unimportant. It
must be done with
wrongful intent.
What is
”misconduct”
lexrex.ph | For educational purposes only
When determining the penalty
for an erring employee, the
number of violations
committed during the period of
employment and gravity of
charges must be considered
collectively.
Principle of
“totality of
infractions”
lexrex.ph | For educational purposes only
1. Teacher pressuring another teacher to
change the failing grade of one student;
2. Obscene words against a superior;
3. Immorality that is not in an abstract way,
but that would render the servant
incapable of performing the service
properly. Factor: Position where setting a
good example is crucial.
4. Selling the product of a company to
competitors
5. Private matters between employees which
have apparent deleterious effect on the
substantial interests of the company;
6. Manager held the hands, massaged the
shoulder, and caressed the nape of his
secretary.1
7. Teachers engaging in adultery/immorality
with each other
Examples of
misconduct2
/valid grounds for
termination
lexrex.ph | For educational purposes only
1 – Villarama vs. NLRC
2 – consider totality of infractions
The conduct must so willful, flagrant, or
shameless to show indifference to the opinion
of good and respectable members of the
community. An act so unprincipled to a high
degree under scandalous circumstances as to
shock the common sense of decency. (Narag
vs. Narag)
Conduct should be evaluated based on
prevailing norms of conduct that are detrimental
to society, not by religious views. - Christine
Cadiz vs. Brent Hospital
What is
immorality?
lexrex.ph | For educational purposes only
1. Statement that employee is hot-
tempered and troublesome;
2. Borrowing money
3. Inflammatory spur-of-the-moment
outburst “siguro abnormal ang utak
mo!”
4. Teacher falling in love with her Grade
6 student in 1976. (Chua-Qua vs.
Clave)
5. Office assistant became pregnant
before marriage
Inadequate
grounds of
misconduct/
dismissal
lexrex.ph | For educational purposes only
1 – Villarama vs. NLRC
Willful Disobedience
1) “Perverse and
wrongful attitude”
2) Lawful,
reasonable,
known order
Elements of
willful
disobedience
lexrex.ph | For educational purposes only
1. Reasonable and lawful;
2. Made known to the
employee;
3. Relevant to his work or
engagement.
RKR
What kind of order
to establish willful
disobedience?
lexrex.ph | For educational purposes only
● “important”
● “not trivial”
● Employer must prove
that it is a “legitimate
business concern”
• Bona fide occupational /
business necessity
What is
reasonable?
lexrex.ph | For educational purposes only
That some rules are so
fundamental and universal.
(e.g. prohibition against
reckless driving)
What is a defense to a
defense that “an
employee is ignorant of
the rules.”
lexrex.ph | For educational purposes only
Gross Negligence or Habitual
Neglect
Gross Negligence is the
absence of care in the
performance of one’s
duties
Habitual Neglect is the
repeated failure to perform
one’s duties over a period
of time.
Define
lexrex.ph | For educational purposes only
Intent – clear and
deliberate intent to sever
one’s employment without
intention of returning back;
Overt acts – intent shown
by overt acts
(e.g. absence without leave or illness, no
dismissal complaint filed)
How can
abandonment
be deemed as
negligence?
lexrex.ph | For educational purposes only
Fraud
The disposition to lie,
cheat, deceive, betray, or
defraud; lack of honesty,
probity, and integrity.
NPC vs. Olandesca
What is fraud
or dishonesty?
lexrex.ph | For educational purposes only
Commission of a Crime or
Offense
Procedure of Termination
For just causes,
a. Written notice of appraisal of Ee’s acts specifying
the ground(s) for termination (“show cause”);
b. Giving the Ee the reasonable opportunity to explain
his side through a hearing/conference with the
assistance of a counsel if the employee so desires,
present his evidence or rebut the allegations against
him (trial-type not required)
c. Written notice of the decision. If termination, must
state that “upon consideration of all circumstances,”
grounds have been established to justify his
termination. In case of termination, notice shall be
served in the Ee’s last known address.
D.O. 147-15 (Sept. 2015)
In termination, what
is the procedural due
process?
lexrex.ph | For educational purposes only
1. Installation of labor-saving
devices;
2. Redundancy;
3. Retrenchment to prevent losses
4. Business closure (except to
circumvent the law on
Termination)
5. Employee is suffering from a
diseases prejudicial to him or
his coworkers or is prohibited by
law
Notify the MoLE at least one month before the intended date
of authorized termination.
(Art. 298)
What are the
authorized causes
for termination?
Required
procedure?
lexrex.ph | For educational purposes only
For authorized causes,
aWritten notice to the employee and the appropriate
Regional Office of the DOLE at least 30 days before
the effectivity of the termination, specifying the
grounds of such termination.
Article 298, Labor Code
For completion of contract
or phase,
No prior notice required.
For failure to meet the
required standards (pro-B),
Notice to the employee within a reasonable time is
sufficient.
For “just causes”
1. Notice which apprises the employee of the
acts for which his dismissal is sought;
2. Notice which informs of the decision
For ”authorized causes”
1. Notice to the DOLE
2. Notice to the Employee (must be to
individuals not to the group)
At least 30 days from the effectivity of
termination
What is the “twin
notice” rule?
lexrex.ph | For educational purposes only
Aspect
Authorized
Causes
Just
Causes
Ground
Employer’s
economic
or
operationa
l
situation/
EE’s
Employee's
misconduct
or
performanc
e issues
Authorized Cause
Entitlement to the
Employee
Installation of labor-saving
device or redundancy
At least one month pay or
one-month pay per year of
service, whichever is
higher
Retrenchment to prevent
losses or closure not due to
serious business losses or
financial reverses At least one month pay or
½ month pay for every
year of service,
whichever is higher.
Employee is suffering from a
diseases prejudicial to him
or his coworkers or is
prohibited by law
(Art.
298,299)
Resignation
If without just cause, must
serve a written notice to
the employer at least 1
month in advance.
Without such notice,
employee shall be liable
for damages.
How
should an
employee
resign?
lexrex.ph | For educational purposes only
Upon just cause such as:
1. Serious insult
2. Inhuman and
unbearable treatment
3. Commission of a crime
4. Other analogous
causes
SiUtCA
(Art. 300)
When can an
employee
resign
immediately?
lexrex.ph | For educational purposes only
1. Good faith suspension
of operations not
exceeding 6 months; or
2. The fulfillment by the Ee
of a military or civic duty.
(Art. 301)
When is an
employee not
deemed
terminated?
lexrex.ph | For educational purposes only
Reinstate the employee to his
former position without loss of
seniority rights if he desires to
resume.
Employee must make known such
desire not later than 1 month from
the resumption of operations or
relief from military or civic duty.
(Art. 301)
What should
the employer
do after these
events?
lexrex.ph | For educational purposes only
End

More Related Content

Similar to Termination of Employees under the Labor Code.pptx

SAFETY-IN-THE-WORKPLACE-AND-THE-WORKERS-BASIC.pptx
SAFETY-IN-THE-WORKPLACE-AND-THE-WORKERS-BASIC.pptxSAFETY-IN-THE-WORKPLACE-AND-THE-WORKERS-BASIC.pptx
SAFETY-IN-THE-WORKPLACE-AND-THE-WORKERS-BASIC.pptx
SeanCarloLopez1
 
Chapter 10 - Employment ans Security of Tenure
Chapter 10 - Employment ans Security of TenureChapter 10 - Employment ans Security of Tenure
Chapter 10 - Employment ans Security of Tenure
Aizell Bernal
 
Understanding work immersion.pptx
Understanding work immersion.pptxUnderstanding work immersion.pptx
Understanding work immersion.pptx
BrennanRoiDuag
 
1understandingworkimmersion-220913131627-8504f2c4 (1).pptx
1understandingworkimmersion-220913131627-8504f2c4 (1).pptx1understandingworkimmersion-220913131627-8504f2c4 (1).pptx
1understandingworkimmersion-220913131627-8504f2c4 (1).pptx
JLParado
 
LESSON 5 LEGAL ASPECT (1).pdf
LESSON 5 LEGAL ASPECT (1).pdfLESSON 5 LEGAL ASPECT (1).pdf
LESSON 5 LEGAL ASPECT (1).pdf
PahmAmpaso
 
Termination of Employment Contract in UAE.pdf
Termination of Employment Contract in UAE.pdfTermination of Employment Contract in UAE.pdf
Termination of Employment Contract in UAE.pdf
Fiyona Nourin
 
CHCLEG003Manage legal and ethical complianceAssessment
CHCLEG003Manage legal and ethical complianceAssessmentCHCLEG003Manage legal and ethical complianceAssessment
CHCLEG003Manage legal and ethical complianceAssessment
JinElias52
 
Managing discipline17 jun-15
Managing discipline17 jun-15Managing discipline17 jun-15
Managing discipline17 jun-15
Ghazali Md. Noor
 
Essay writing sample_assignment
Essay writing sample_assignmentEssay writing sample_assignment
Essay writing sample_assignment
All Assignment Experts
 
Trade Adjustment Assistance 2015
Trade Adjustment Assistance 2015Trade Adjustment Assistance 2015
Trade Adjustment Assistance 2015
Timothy Theberge
 
UNDERSTANDING WORK IMMERSION - T1.pptx
UNDERSTANDING WORK IMMERSION - T1.pptxUNDERSTANDING WORK IMMERSION - T1.pptx
UNDERSTANDING WORK IMMERSION - T1.pptx
JLParado
 
Business laws sample assignment
Business laws sample assignmentBusiness laws sample assignment
Business laws sample assignment
All Assignment Experts
 
supervision goals ABA.pdf
supervision goals ABA.pdfsupervision goals ABA.pdf
supervision goals ABA.pdf
stirlingvwriters
 
Employee-Handbook
Employee-HandbookEmployee-Handbook
Employee-Handbook
Ms. Milanie Candido-Noriega
 
Know your rights presentation
Know your rights presentationKnow your rights presentation
Know your rights presentation
Sam Salvidge
 
Industrial relations
Industrial relationsIndustrial relations
Industrial relations
nadiaferdous
 
HR Webinar: 2020 Compliance Kick-Off
HR Webinar: 2020 Compliance Kick-OffHR Webinar: 2020 Compliance Kick-Off
HR Webinar: 2020 Compliance Kick-Off
Ascentis
 
Effective collective bargaining & negotiation skills
Effective collective bargaining & negotiation skillsEffective collective bargaining & negotiation skills
Effective collective bargaining & negotiation skills
Dr. Balakrishnan Muniapan
 
Recruitment Screening and Selection process in Philippine Government
Recruitment Screening and Selection process in Philippine GovernmentRecruitment Screening and Selection process in Philippine Government
Recruitment Screening and Selection process in Philippine Government
Mitch Herrera
 
Agency Workers Regulations with Penningtons
Agency Workers Regulations  with PenningtonsAgency Workers Regulations  with Penningtons
Agency Workers Regulations with Penningtons
alyson.pellowe
 

Similar to Termination of Employees under the Labor Code.pptx (20)

SAFETY-IN-THE-WORKPLACE-AND-THE-WORKERS-BASIC.pptx
SAFETY-IN-THE-WORKPLACE-AND-THE-WORKERS-BASIC.pptxSAFETY-IN-THE-WORKPLACE-AND-THE-WORKERS-BASIC.pptx
SAFETY-IN-THE-WORKPLACE-AND-THE-WORKERS-BASIC.pptx
 
Chapter 10 - Employment ans Security of Tenure
Chapter 10 - Employment ans Security of TenureChapter 10 - Employment ans Security of Tenure
Chapter 10 - Employment ans Security of Tenure
 
Understanding work immersion.pptx
Understanding work immersion.pptxUnderstanding work immersion.pptx
Understanding work immersion.pptx
 
1understandingworkimmersion-220913131627-8504f2c4 (1).pptx
1understandingworkimmersion-220913131627-8504f2c4 (1).pptx1understandingworkimmersion-220913131627-8504f2c4 (1).pptx
1understandingworkimmersion-220913131627-8504f2c4 (1).pptx
 
LESSON 5 LEGAL ASPECT (1).pdf
LESSON 5 LEGAL ASPECT (1).pdfLESSON 5 LEGAL ASPECT (1).pdf
LESSON 5 LEGAL ASPECT (1).pdf
 
Termination of Employment Contract in UAE.pdf
Termination of Employment Contract in UAE.pdfTermination of Employment Contract in UAE.pdf
Termination of Employment Contract in UAE.pdf
 
CHCLEG003Manage legal and ethical complianceAssessment
CHCLEG003Manage legal and ethical complianceAssessmentCHCLEG003Manage legal and ethical complianceAssessment
CHCLEG003Manage legal and ethical complianceAssessment
 
Managing discipline17 jun-15
Managing discipline17 jun-15Managing discipline17 jun-15
Managing discipline17 jun-15
 
Essay writing sample_assignment
Essay writing sample_assignmentEssay writing sample_assignment
Essay writing sample_assignment
 
Trade Adjustment Assistance 2015
Trade Adjustment Assistance 2015Trade Adjustment Assistance 2015
Trade Adjustment Assistance 2015
 
UNDERSTANDING WORK IMMERSION - T1.pptx
UNDERSTANDING WORK IMMERSION - T1.pptxUNDERSTANDING WORK IMMERSION - T1.pptx
UNDERSTANDING WORK IMMERSION - T1.pptx
 
Business laws sample assignment
Business laws sample assignmentBusiness laws sample assignment
Business laws sample assignment
 
supervision goals ABA.pdf
supervision goals ABA.pdfsupervision goals ABA.pdf
supervision goals ABA.pdf
 
Employee-Handbook
Employee-HandbookEmployee-Handbook
Employee-Handbook
 
Know your rights presentation
Know your rights presentationKnow your rights presentation
Know your rights presentation
 
Industrial relations
Industrial relationsIndustrial relations
Industrial relations
 
HR Webinar: 2020 Compliance Kick-Off
HR Webinar: 2020 Compliance Kick-OffHR Webinar: 2020 Compliance Kick-Off
HR Webinar: 2020 Compliance Kick-Off
 
Effective collective bargaining & negotiation skills
Effective collective bargaining & negotiation skillsEffective collective bargaining & negotiation skills
Effective collective bargaining & negotiation skills
 
Recruitment Screening and Selection process in Philippine Government
Recruitment Screening and Selection process in Philippine GovernmentRecruitment Screening and Selection process in Philippine Government
Recruitment Screening and Selection process in Philippine Government
 
Agency Workers Regulations with Penningtons
Agency Workers Regulations  with PenningtonsAgency Workers Regulations  with Penningtons
Agency Workers Regulations with Penningtons
 

Recently uploaded

一比一原版(ual毕业证书)伦敦艺术大学毕业证如何办理
一比一原版(ual毕业证书)伦敦艺术大学毕业证如何办理一比一原版(ual毕业证书)伦敦艺术大学毕业证如何办理
一比一原版(ual毕业证书)伦敦艺术大学毕业证如何办理
ayvace
 
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
woywevt
 
一比一原版(liverpool毕业证书)利物浦大学毕业证如何办理
一比一原版(liverpool毕业证书)利物浦大学毕业证如何办理一比一原版(liverpool毕业证书)利物浦大学毕业证如何办理
一比一原版(liverpool毕业证书)利物浦大学毕业证如何办理
aypxuyw
 
San Remo Manual on International Law Applicable to Armed Conflict at Sea
San Remo Manual on International Law Applicable to Armed Conflict at SeaSan Remo Manual on International Law Applicable to Armed Conflict at Sea
San Remo Manual on International Law Applicable to Armed Conflict at Sea
Justin Ordoyo
 
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Sangyun Lee
 
一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理
一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理
一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理
gjsma0ep
 
The Work Permit for Self-Employed Persons in Italy
The Work Permit for Self-Employed Persons in ItalyThe Work Permit for Self-Employed Persons in Italy
The Work Permit for Self-Employed Persons in Italy
BridgeWest.eu
 
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
meboh
 
快速办理(SCU毕业证书)澳洲南十字星大学毕业证文凭证书一模一样
快速办理(SCU毕业证书)澳洲南十字星大学毕业证文凭证书一模一样快速办理(SCU毕业证书)澳洲南十字星大学毕业证文凭证书一模一样
快速办理(SCU毕业证书)澳洲南十字星大学毕业证文凭证书一模一样
15e6o6u
 
V.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdf
V.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdfV.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdf
V.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdf
bhavenpr
 
Business Laws Sunita saha
Business Laws Sunita sahaBusiness Laws Sunita saha
Business Laws Sunita saha
sunitasaha5
 
Safeguarding Against Financial Crime: AML Compliance Regulations Demystified
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedSafeguarding Against Financial Crime: AML Compliance Regulations Demystified
Safeguarding Against Financial Crime: AML Compliance Regulations Demystified
PROF. PAUL ALLIEU KAMARA
 
一比一原版英国伦敦大学亚非学院毕业证(soas毕业证书)如何办理
一比一原版英国伦敦大学亚非学院毕业证(soas毕业证书)如何办理一比一原版英国伦敦大学亚非学院毕业证(soas毕业证书)如何办理
一比一原版英国伦敦大学亚非学院毕业证(soas毕业证书)如何办理
duxss
 
一比一原版英国伦敦商学院毕业证(lbs毕业证书)如何办理
一比一原版英国伦敦商学院毕业证(lbs毕业证书)如何办理一比一原版英国伦敦商学院毕业证(lbs毕业证书)如何办理
一比一原版英国伦敦商学院毕业证(lbs毕业证书)如何办理
gedsuu
 
Corporate Governance : Scope and Legal Framework
Corporate Governance : Scope and Legal FrameworkCorporate Governance : Scope and Legal Framework
Corporate Governance : Scope and Legal Framework
devaki57
 
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
onduyv
 
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
uhsox
 
一比一原版(trent毕业证书)加拿大特伦特大学毕业证如何办理
一比一原版(trent毕业证书)加拿大特伦特大学毕业证如何办理一比一原版(trent毕业证书)加拿大特伦特大学毕业证如何办理
一比一原版(trent毕业证书)加拿大特伦特大学毕业证如何办理
mecyyn
 
PPT-Money Laundering - lecture 5.pptx ll
PPT-Money Laundering - lecture 5.pptx llPPT-Money Laundering - lecture 5.pptx ll
PPT-Money Laundering - lecture 5.pptx ll
MohammadZubair874462
 
Should AI hold Intellectual Property Rights?
Should AI hold Intellectual Property Rights?Should AI hold Intellectual Property Rights?
Should AI hold Intellectual Property Rights?
RoseZubler1
 

Recently uploaded (20)

一比一原版(ual毕业证书)伦敦艺术大学毕业证如何办理
一比一原版(ual毕业证书)伦敦艺术大学毕业证如何办理一比一原版(ual毕业证书)伦敦艺术大学毕业证如何办理
一比一原版(ual毕业证书)伦敦艺术大学毕业证如何办理
 
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
一比一原版多伦多都会大学毕业证(TMU毕业证书)学历如何办理
 
一比一原版(liverpool毕业证书)利物浦大学毕业证如何办理
一比一原版(liverpool毕业证书)利物浦大学毕业证如何办理一比一原版(liverpool毕业证书)利物浦大学毕业证如何办理
一比一原版(liverpool毕业证书)利物浦大学毕业证如何办理
 
San Remo Manual on International Law Applicable to Armed Conflict at Sea
San Remo Manual on International Law Applicable to Armed Conflict at SeaSan Remo Manual on International Law Applicable to Armed Conflict at Sea
San Remo Manual on International Law Applicable to Armed Conflict at Sea
 
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
 
一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理
一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理
一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理
 
The Work Permit for Self-Employed Persons in Italy
The Work Permit for Self-Employed Persons in ItalyThe Work Permit for Self-Employed Persons in Italy
The Work Permit for Self-Employed Persons in Italy
 
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
一比一原版牛津布鲁克斯大学毕业证(牛布毕业证)如何办理
 
快速办理(SCU毕业证书)澳洲南十字星大学毕业证文凭证书一模一样
快速办理(SCU毕业证书)澳洲南十字星大学毕业证文凭证书一模一样快速办理(SCU毕业证书)澳洲南十字星大学毕业证文凭证书一模一样
快速办理(SCU毕业证书)澳洲南十字星大学毕业证文凭证书一模一样
 
V.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdf
V.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdfV.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdf
V.-SENTHIL-BALAJI-SLP-C-8939-8940-2023-SC-Judgment-07-August-2023.pdf
 
Business Laws Sunita saha
Business Laws Sunita sahaBusiness Laws Sunita saha
Business Laws Sunita saha
 
Safeguarding Against Financial Crime: AML Compliance Regulations Demystified
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedSafeguarding Against Financial Crime: AML Compliance Regulations Demystified
Safeguarding Against Financial Crime: AML Compliance Regulations Demystified
 
一比一原版英国伦敦大学亚非学院毕业证(soas毕业证书)如何办理
一比一原版英国伦敦大学亚非学院毕业证(soas毕业证书)如何办理一比一原版英国伦敦大学亚非学院毕业证(soas毕业证书)如何办理
一比一原版英国伦敦大学亚非学院毕业证(soas毕业证书)如何办理
 
一比一原版英国伦敦商学院毕业证(lbs毕业证书)如何办理
一比一原版英国伦敦商学院毕业证(lbs毕业证书)如何办理一比一原版英国伦敦商学院毕业证(lbs毕业证书)如何办理
一比一原版英国伦敦商学院毕业证(lbs毕业证书)如何办理
 
Corporate Governance : Scope and Legal Framework
Corporate Governance : Scope and Legal FrameworkCorporate Governance : Scope and Legal Framework
Corporate Governance : Scope and Legal Framework
 
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
一比一原版朴次茅斯大学毕业证(uop毕业证)如何办理
 
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
一比一原版(uottawa毕业证书)加拿大渥太华大学毕业证如何办理
 
一比一原版(trent毕业证书)加拿大特伦特大学毕业证如何办理
一比一原版(trent毕业证书)加拿大特伦特大学毕业证如何办理一比一原版(trent毕业证书)加拿大特伦特大学毕业证如何办理
一比一原版(trent毕业证书)加拿大特伦特大学毕业证如何办理
 
PPT-Money Laundering - lecture 5.pptx ll
PPT-Money Laundering - lecture 5.pptx llPPT-Money Laundering - lecture 5.pptx ll
PPT-Money Laundering - lecture 5.pptx ll
 
Should AI hold Intellectual Property Rights?
Should AI hold Intellectual Property Rights?Should AI hold Intellectual Property Rights?
Should AI hold Intellectual Property Rights?
 

Termination of Employees under the Labor Code.pptx

  • 1. Termination of Employee under the Labor Code Post-Employment | lexrex.ph
  • 2. It covers those establishments for profit or not. (Art. 294) What establishments are covered by the provisions on Termination under the Labor Code? lexrex.ph | For educational purposes only
  • 4. He is protected from terminations that are not for a just cause or authorized cause under the Labor Code. (Art. 294) What is the protection of a regular employee? lexrex.ph | For educational purposes only
  • 5. Those who are performing activites who are usually necessary or desirable in the usual business or trade of the employer, regardless of the contrary agreements of the parties. (Art. 295) Provided, that if he has rendered at least one year of service (continuous or broken), he shall be considered as regular employee. (Art. 295) Or an employee allowed to work after the probationary period (Art. 296) What is a regular employee? lexrex.ph | For educational purposes only
  • 6. 1. Whose employment has been fixed for a specific project or undertaking. 2. The completion or termination must be determined at the time of the engagement. The one-year condition does not apply. (Art. 295) What is a project employee? lexrex.ph | For educational purposes only
  • 7. 1. Whose employment has been fixed for a specific season. 2. The completion or termination must be determined at the time of the engagement. (Art. 295) What is a seasonal employee? lexrex.ph | For educational purposes only
  • 8. Those whose employment are not covered by the aforementioned descriptions. Provided, that if he has rendered at least one year of service (continuous or broken), he shall be considered as regular employee. (Art. 295) (Art. 295) What is a casual employee? lexrex.ph | For educational purposes only
  • 9. One whose employment does not exceed 6 months unless he is covered by an apprenticeship agreement stipulating for a longer period. (Art. 296) What is a probationary employee? lexrex.ph | For educational purposes only
  • 10. 1. For a just cause; or 2. Failure to qualify with the reasonable standards made known by the employer at the time of his engagement. (Art. 296) How can a probationary employee be terminated? lexrex.ph | For educational purposes only
  • 11. A worker covered by an apprenticeship agreement with an individual employer for highly-skilled occupations and undergoing practical training for more than 3 months in an apprenticeable occupation and is supplemented by theoretical instructions. “Apprenticeable Occupations” - highly technical or any form of employment that requires more than 3 months of practical training on the job supplemented by related theoretical instruction. (TESDA Law) Qualifications (Art. 59) ● Age: At least 14 yrs old; ● Competence: Possesses vocational aptitude and capacity for appropriate tests; ● Adaptability: Ability to comprehend and follow oral and written instructions. Appropriate educational requirements for different occupations may be recommended by trade associations to the SOLE. (Art. 58 Labor Code) What is an apprentice? lexrex.ph | For educational purposes only
  • 12. Are persons hired as trainees in non-apprenticeable occupations (semi-skilled, industrial, and others) and which may be learned through practical training on the job in a relatively short period which shall not exceed 3 months. (Art. 73 Labor Code) ⭐ Employer is required to hire a learner after the training - emphasized by Atty Yusay What is a Learner? lexrex.ph | For educational purposes only
  • 13. Domestic worker or "Kasambahay" refers to any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or "yaya", cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis. (R.A. No. 10361, Sec. 2(d]) What is a Kasambahay ? lexrex.ph | For educational purposes only
  • 14. Industrial Homeworker System of production under which work for an employer or contractor is carried out by a homeworker at his/her home. Materials may or may not be furnished by the employer or contractor (Labor Code, Art. 154) What is a Home Worker? lexrex.ph | For educational purposes only
  • 15. APPRENTICE LEARNERS Employer’s Commitment Not committed to hire after the agreement ⭐ To hire learner at the end of 3 months if the learner is willing (because job is easily learned) Occupation Apprenticeable Occupation employed by highly technical industries Non-apprenticeable jobs (easily learned) Agreement Apprenticeship agreement Training duration Not exceed 6 months If exceeds 6 months, converted to regular employment. 3 months or less Training Must include supplemental theoretical instruction No need for supplemental theoretical instruction Industry or competence Highly technical industry Semi-skilled Wages Not less than 75% of the minimum wage except if apprenticeship is required by the school
  • 17. He is entitled to reinstatement without loss of seniority right, other privileges, and full backwages, inclusive of allowances, benefits/monetary equivalent. (Art. 294) What is the entitlement of employee who was unjustly dismissed? lexrex.ph | For educational purposes only
  • 18. From the time the employee’s compensation was withheld from him to the time of his actual reinstatement. (Art. 294) When will the computation period of the backwages? lexrex.ph | For educational purposes only
  • 19. 1. Serious misconduct or willful disobedience to the lawful orders 2. Gross and habitual neglect by the employee of his duties 3. Fraud or willful breach of the trust reposed in him 4. Commission of a crime against the person of his employer or any immediate family member of the latter; 5. Other analogous causes to the foregoing. (Art. 297) What are the just causes for termination? lexrex.ph | For educational purposes only
  • 20. So long as the management’s prerogatives are exercised in good faith, and not to defeat the rights of the employees, the Court will uphold them. (International Catholic vs. NLRC) Management prerogative to transfer, demote, discipline is valid provided it is not tainted with ULP. How do you balance the management’s right to advance the business and the employee’s right? lexrex.ph | For educational purposes only
  • 21. It must not be a strict harsh penalty of dismissal from service 1. It must not be tainted with ULP; 2. It must be a valid management prerogative; 3. It must be founded on established facts; 4. A measure of self-protection. 5. “It would demoralize rank-and-file employees if the undeserving remains in service.” For a just cause to be upheld, what must be present? lexrex.ph | For educational purposes only
  • 22. The employer has the burden to affirmatively show adequate evidence that the dismissal was for justifiable cause. Technical rules of procedure are not binding on labor cases. -Heavylift Manila vs. CA Who has the burden of proof? lexrex.ph | For educational purposes only
  • 24. A transgression of some established and definite rule of action, not merely trivial and unimportant. It must be done with wrongful intent. What is ”misconduct” lexrex.ph | For educational purposes only
  • 25. When determining the penalty for an erring employee, the number of violations committed during the period of employment and gravity of charges must be considered collectively. Principle of “totality of infractions” lexrex.ph | For educational purposes only
  • 26. 1. Teacher pressuring another teacher to change the failing grade of one student; 2. Obscene words against a superior; 3. Immorality that is not in an abstract way, but that would render the servant incapable of performing the service properly. Factor: Position where setting a good example is crucial. 4. Selling the product of a company to competitors 5. Private matters between employees which have apparent deleterious effect on the substantial interests of the company; 6. Manager held the hands, massaged the shoulder, and caressed the nape of his secretary.1 7. Teachers engaging in adultery/immorality with each other Examples of misconduct2 /valid grounds for termination lexrex.ph | For educational purposes only 1 – Villarama vs. NLRC 2 – consider totality of infractions
  • 27. The conduct must so willful, flagrant, or shameless to show indifference to the opinion of good and respectable members of the community. An act so unprincipled to a high degree under scandalous circumstances as to shock the common sense of decency. (Narag vs. Narag) Conduct should be evaluated based on prevailing norms of conduct that are detrimental to society, not by religious views. - Christine Cadiz vs. Brent Hospital What is immorality? lexrex.ph | For educational purposes only
  • 28. 1. Statement that employee is hot- tempered and troublesome; 2. Borrowing money 3. Inflammatory spur-of-the-moment outburst “siguro abnormal ang utak mo!” 4. Teacher falling in love with her Grade 6 student in 1976. (Chua-Qua vs. Clave) 5. Office assistant became pregnant before marriage Inadequate grounds of misconduct/ dismissal lexrex.ph | For educational purposes only 1 – Villarama vs. NLRC
  • 30. 1) “Perverse and wrongful attitude” 2) Lawful, reasonable, known order Elements of willful disobedience lexrex.ph | For educational purposes only
  • 31. 1. Reasonable and lawful; 2. Made known to the employee; 3. Relevant to his work or engagement. RKR What kind of order to establish willful disobedience? lexrex.ph | For educational purposes only
  • 32. ● “important” ● “not trivial” ● Employer must prove that it is a “legitimate business concern” • Bona fide occupational / business necessity What is reasonable? lexrex.ph | For educational purposes only
  • 33. That some rules are so fundamental and universal. (e.g. prohibition against reckless driving) What is a defense to a defense that “an employee is ignorant of the rules.” lexrex.ph | For educational purposes only
  • 34. Gross Negligence or Habitual Neglect
  • 35. Gross Negligence is the absence of care in the performance of one’s duties Habitual Neglect is the repeated failure to perform one’s duties over a period of time. Define lexrex.ph | For educational purposes only
  • 36. Intent – clear and deliberate intent to sever one’s employment without intention of returning back; Overt acts – intent shown by overt acts (e.g. absence without leave or illness, no dismissal complaint filed) How can abandonment be deemed as negligence? lexrex.ph | For educational purposes only
  • 37. Fraud
  • 38. The disposition to lie, cheat, deceive, betray, or defraud; lack of honesty, probity, and integrity. NPC vs. Olandesca What is fraud or dishonesty? lexrex.ph | For educational purposes only
  • 39. Commission of a Crime or Offense
  • 41. For just causes, a. Written notice of appraisal of Ee’s acts specifying the ground(s) for termination (“show cause”); b. Giving the Ee the reasonable opportunity to explain his side through a hearing/conference with the assistance of a counsel if the employee so desires, present his evidence or rebut the allegations against him (trial-type not required) c. Written notice of the decision. If termination, must state that “upon consideration of all circumstances,” grounds have been established to justify his termination. In case of termination, notice shall be served in the Ee’s last known address. D.O. 147-15 (Sept. 2015) In termination, what is the procedural due process? lexrex.ph | For educational purposes only
  • 42. 1. Installation of labor-saving devices; 2. Redundancy; 3. Retrenchment to prevent losses 4. Business closure (except to circumvent the law on Termination) 5. Employee is suffering from a diseases prejudicial to him or his coworkers or is prohibited by law Notify the MoLE at least one month before the intended date of authorized termination. (Art. 298) What are the authorized causes for termination? Required procedure? lexrex.ph | For educational purposes only
  • 43. For authorized causes, aWritten notice to the employee and the appropriate Regional Office of the DOLE at least 30 days before the effectivity of the termination, specifying the grounds of such termination. Article 298, Labor Code For completion of contract or phase, No prior notice required. For failure to meet the required standards (pro-B), Notice to the employee within a reasonable time is sufficient.
  • 44. For “just causes” 1. Notice which apprises the employee of the acts for which his dismissal is sought; 2. Notice which informs of the decision For ”authorized causes” 1. Notice to the DOLE 2. Notice to the Employee (must be to individuals not to the group) At least 30 days from the effectivity of termination What is the “twin notice” rule? lexrex.ph | For educational purposes only
  • 46. Authorized Cause Entitlement to the Employee Installation of labor-saving device or redundancy At least one month pay or one-month pay per year of service, whichever is higher Retrenchment to prevent losses or closure not due to serious business losses or financial reverses At least one month pay or ½ month pay for every year of service, whichever is higher. Employee is suffering from a diseases prejudicial to him or his coworkers or is prohibited by law (Art. 298,299)
  • 48. If without just cause, must serve a written notice to the employer at least 1 month in advance. Without such notice, employee shall be liable for damages. How should an employee resign? lexrex.ph | For educational purposes only
  • 49. Upon just cause such as: 1. Serious insult 2. Inhuman and unbearable treatment 3. Commission of a crime 4. Other analogous causes SiUtCA (Art. 300) When can an employee resign immediately? lexrex.ph | For educational purposes only
  • 50. 1. Good faith suspension of operations not exceeding 6 months; or 2. The fulfillment by the Ee of a military or civic duty. (Art. 301) When is an employee not deemed terminated? lexrex.ph | For educational purposes only
  • 51. Reinstate the employee to his former position without loss of seniority rights if he desires to resume. Employee must make known such desire not later than 1 month from the resumption of operations or relief from military or civic duty. (Art. 301) What should the employer do after these events? lexrex.ph | For educational purposes only
  • 52.
  • 53. End

Editor's Notes

  1. This YouTube video is designed solely for educational insights and should not be considered legal advice. Each legal scenario is distinct, and the information shared may not be applicable to your unique situation. Please note, Legal rights and responsibilities can differ based on numerous factors. Always consult with a qualified professional before taking any legal action.
  2. a forbidden act, a dereliction of duty. It must be of such a grave and aggravated character and - wrongful intent: not just a casual expression of bad words, but coupled with subsequent acts that would establish misconduct
  3. When the number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon an erring employee. The offenses of committed by the petitioner should not be taken singly and separately. Fitness cannot compartmentalized into tight little cubicles that are independent of each other. This is considered in determine the penalty to be imposed upon an erring employee.
  4. Office assistant became pregnant before marriage – there was a consensual sexual activity between two unmarried persons. – Leus vs. St Scholastica, Cadiz vs. Brent Hospital
  5. Willful does not just mean intentional but WRONGFUL and PERVERSE because there are willful disobedience but are justifiable
  6. Made known to the employee; - those who must obey the command must known the command
  7. “important depending on the circumstances of each case”
  8. “important depending on the circumstances of each case”
  9. no dismissal complaint filed – but be careful with the over-reliance on the principle that filing of a dismissal complaint negates the abandonment by the employee
  10. Mabeza vs. NLRC: However, the ground of dishonesty must not be used as a subterfuge for causes which are illegal or to cover up the employer’s act of illegal dismissal. It must be genuine, and not a mere afterthought. Proof required: Not proof beyond reasonable doubt but sufficient proof to entertain a moral conviction – Reyes vs. Minister of Labor The guidelines: Loss should not be simulated; Not a subterfuge for improper or illegal causes Not arbitrarily asserted Must be genuine The employee involved holds a position of trust and confidence
  11. Conviction or a Filing of Information by the Fiscal is not Required upon the labor tribunal – Starlite vs. NLRC
  12. Resign = “put an end or terminate the EE relationship”
  13. Resign = “put an end or terminate the EE relationship”
  14. Resign = “put an end or terminate the EE relationship”
  15. Resign = “put an end or terminate the EE relationship”