Just Cause for Employee Dismissal
In the previous post, the guideposts on employee dismissal were discussed. The discussion is based on the book Guide to Valid Dismissal of Employees.
Having already shown the guideposts, the first to be discussed is the cause allowed by law in termination. What are the “proper and valid grounds” for dismissal?
The Labor Code mentions that this refers to just causes under Article 282 [now Article 297 in a re-numbered Labor Code] and authorized causes under Article 283 [now Article 298] and Article 284 (disease). Other provisions of the Labor Code where dismissal is warranted are those found in Article 263 (g) and Article 264 (a).
Get a copy of re-numbered Labor Code, 2017 Edition
Under Art. 263 of the Labor Code, striking workers in medical institutions when ordered by the Secretary of Labor to return to work upon assumption of jurisdiction over the labor dispute, should return to work otherwise they shall be meted out with disciplinary action, including dismissal or loss of employment status. 
On the other hand, under Article 264, an officer of the union or members thereof may be dismissed on certain circumstances. Any union officer who knowingly participates in an illegal strike and any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status.
Any other reason for dismissal outside of what is mandated by the Labor Code and the jurisprudence is illegal.
“Just cause” is a legal terminology used in Article 282 of the Labor Code which provides the grounds or reasons for dismissal arising from the conduct of an employee. It presupposes that the employee has committed an offense against the company, person of the employer or his representative. It also covers gross and habitual neglect or omission of the employee to do his duty. Just causes for dismissal are those found in Article 28253 of the Labor Code which states as follows:
“Art. 282. Termination by employer.—An employer may terminate an employment for any of the following causes: a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; b. Gross and habitual neglect by the employee of his duties; c. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; d. 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 e. Other causes analogous to the foregoing.”
But bear in mind that the said provision indicates only the grounds in general. Thus, it is better for the company to come up with specific offenses related to the enumeration in Article 282. If the company desires, it may also work with its employees in crafting certain penalties for offenses in their personnel policies, Code of Conduct, or the CBA. Companies that have labor union most often stipulate on penalties to be imposed on certain offenses. However, it bears stressing that design and implementation of company rules and regulations are within management prerogatives.
For instance, a company provides in its Code of Conduct that playing of computer games during office hours is punishable by reprimand on the first offense. While installation of unauthorized software carries a penalty of dismissal. Take note that the said offenses are not specifically mentioned in Article 282 but were included in the company rules and regulations (CRR) which the union duly recognize as well.
Samples of Company Rules and Regulations in a Code of Conduct
Further, companies may prohibit access to social networking sites like Facebook, Instagram, Twitter, or Pinterest, during work hours or totally ban them from the office environment. These should be clearly set out in the company rules and the employer should have proof or evidence that the employees know about them. These proofs may be in the form of receipt of the CRR indicating the employee’s print name and signature.
Nonetheless, provisions in the CRR may be valid as ones falling under “analogous causes” of Article 282.
In such case, Article 282 applies in suppletory character to the agreed terms by the parties. Besides, the law is deemed written in every contract or agreement. Employment contracts are tied with the employer’s power to impose discipline through its company rules and regulations.
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