Analogous Cause for Employee Dismissal Should be Indicated in the Code of ConductAtty Elvin
Analogous cause for dismissal is now required by the DOLE to be indicated the company’s code of conduct.
The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (pp. 264-266).
Learn How to Craft and Formulate Legally-Defensible Company Code of Discipline from the book How to Design and Formulate Company Code of Discipline by Atty. Villanueva
1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; and
4. 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;
For an employee to be validly dismissed for a cause analogous to those enumerated in Article 297 [formerly Article 282] of the Labor Code, the cause must involve a voluntary and/or willful act or omission of the employee.
Cases where the Supreme Court found the causes for dismissal as analogous
There is no exact parameter that will determine if a particular act falls under analogous causes. However, one must be guided by jurisprudence:
1. Stealing of co-employee’s credit cards;
2. Theft committed by an employee against a person other than his employer, if proven by substantial evidence, is a cause analogous to serious misconduct.
3. Violation of company rules and regulations;
4. Attitude problem of an employee who cannot get along with co-employees, if proven, may be cause for dismissal. It affects the work environment and peace of the company;
5. The harassment of an employee by a co-employee within the company premises even after office hours is a work-related matter considering that the peace of the company is thereby affected. In this case a male employee embraced and kissed a female co-worker causing pains in the foot and shoulder of the latter.
6. Incompetence or inefficiency;
7. Failure to make work quota; and
8. Obesity of a flight attendant. This constitutes his failure to meet the employer’s qualifying standards.