Tag - social justice

Separation Pay Cannot be Granted to an Employee Dismissed for Serious Misconduct

Separation pay is a benefit granted under Article 298 of the Labor Code for termination of employees due to authorized cause. These authorized causes are termination due to installation of labor-saving devices, redundancy, retrenchment, and closure not due to losses. Separation is also granted for employees retrenched or terminated after the company has taken bonafide suspension of operations under Article 301 of the Labor Code. The same is given to an employee terminated due to disease under Article 299 of [...]

Separation Pay Cannot be Awarded to Validly Dismissed Employee

Separation pay is awarded based on Labor Code or was ordered to be granted by the Court, as follows: Separation pay as provided in Articles 298 and 299 of the Labor Code. Separation pay in lieu of reinstatement. Separation pay as a form of financial assistance pursuant to any agreement, practice or policy of the company. Separation pay based on equity or social justice. (See page 346, Guide to Valid Dismissal of Employees, 2nd Edition by Atty. Villanueva) Separation pay based on equity or [...]

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