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Tag - criteria

20 Feb

Proof of Good Faith in Redundancy

Redundancy is one of the authorized causes of employee termination under Article 298 of the Labor Code, as amended. The employer who intends to terminate the employee for cause has to comply with two aspects of due process. These are the substantive aspect and the procedural aspect. The substantive aspect pertains to the ground or basis of termination which should be in accordance with law and jurisprudence. The procedural aspect refers to the required notices, which in the case of redundancy, [...]

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03 Jul

Retrenchment Criteria Used in Employee Termination

Retrenchment is one of the authorized causes to dismiss an employee under Article 298 of the Labor Code. It involves a reduction in the workforce, resorted to when the employer encounters business reverses, losses, or economic difficulties, such as “recessions, industrial depressions, or seasonal fluctuations.” (La Consolacion College of Manila v. Pascua, 828 Phil. 182, 191-192 (2018)) This is usually done as a last recourse when other methods are found inadequate. A valid retrenchment may only be exercised after the employer has [...]

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