DOLE Requires Companies to Include in their Code of Conduct/CRR the Analogous Causes for TerminationAtty Elvin
The Labor Code enumerates the ground for dismissal of employees under Article 297 [formerly Article 282]. The enumeration is general in nature which means it does not identify the particular acts that will be just cause for employee’s dismissal.
In such general enumeration, the law provides other grounds similar to each in the list referred to as “analogous cause.” What is analogous to those enumerated is often a contested issue.
Analogous causes must have an element similar to those found in the specific just cause enumerated under Article 282 [now Article 296 per Department Advisory 01, Series of 2015. Get an updated Labor Code here] of the Labor Code. (International Rice Research Institute vs. NLRC, G.R. No. 97239 May 12, 1993)
The former Department of Labor and Employment Secretary Rosalinda Dimapilis-Baldoz on September 7, 2015 issued Rules clarifying the application of just and authorized causes of termination of employment under Articles 297-299 of the Labor Code, as amended, through Department Order No. 147-15, Series of 2015, entitled “Amending the Implementing Rules and Regulations of Book VI of the Labor Code of the Philippines, as Amended”
D.O. 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 Rules expressly provides as well that for acts or omissions to be considered as analogous causes, the same must be expressly specified in company rules and regulations or policies.
This regulation requires those analogous causes to be expressed, for instance, in the company Code of Conduct or Code of Discipline. For example, offenses like theft of co-employee’s property is analogous cause.
The Supreme Court ruled in one case that Theft committed against a co-employee is considered as a case analogous to serious misconduct, for which the penalty of dismissal from service may be meted out to the erring employee. (Cosmos Bottling Corporation vs. Fermin, G.R. No. 193676, June 20, 2012)
Another thing, employers may regulate the use of Facebook, personal email, and other social media accounts. If these would be regulated with implication on administrative charges, they may fall within the category of analogous cause thus, should be expressed in the company’s Code of Conduct or Discipline.
Learn how to Craft Company Code of Discipline.