termination Archives - Page 2 of 5

09 Jul

Resigned Employees are not Entitled to Separation Pay

Resignation is provided under Art. 300 of the Labor Code. There is nothing in such article that mandates the payment of separation pay to resigned employee. In a case of Italkarat 18, Inc. vs. Gerasmio, (G.R. No. 221411, September 28, 2020), the Supreme Court held that as a general rule, the law does not require employers to pay employees that have resigned any separation pay, unless there is a contract that provides otherwise or there exists a company practice of [...]

By Atty Elvin Labor Law atty. elvin, dismissal, labor case, labor dispute, labor law, resign, Resignation, separation pay, termination 1 Comment Read more...

26 Jun

Redundancy Program Requisites for Validity

Redundancy exists when the service capability of the workforce is in excess of what is reasonably needed to meet the demands of the business enterprise. A position is redundant where it had become superfluous. Superfluity of a position or positions may be the outcome of a number of factors such as over-hiring of workers, decrease in volume of business, or dropping a particular product line or service activity previously manufactured or undertaken by the enterprise. (3M Philippines, Inc. vs. [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, Labor Code, labor law, Redundancy, termination 0 Comments Read more...

22 Jun

Valid Termination due to Redundancy

For purposes of the Labor Code, redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a position is redundant where it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as over hiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufactured or undertaken [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, Just Cause, labor, Labor Code, labor law, Redundancy, termination 0 Comments Read more...

18 Jun

Burden of Proof in Termination Due to Authorized Cause

The authorized causes under Article 298 are as follows: Installation of labor-saving devices; Redundancy; Retrenchment; and Closure or cessation of business operations of an establishment or an undertaking. It appears that the enumeration is exclusive. Meaning, there can be no other grounds that can be invoked other than those stated. This is so because the precursor of Article 298, Article 299, previously carried a comprehensive phrase “other similar causes” which was repeated twice in the old provision. While in the new provision as presently worded, [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, burden of proof, labor, Labor Code, labor law, substantive due process, termination 0 Comments Read more...

16 Jun

Termination Due to Authorized Cause

Article 298 of the Labor Code, as amended, provides causes which are grounds for the termination of employees. It is one of the authorized causes for termination. Thus: “Art. 298. Closure of establishment and re- duction of personnel. The employer may also terminate the employment of any employee due to the installation of labor- saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing [...]

By Atty Elvin Labor Law article 298, Authorized Cause, termination 0 Comments Read more...

15 Jun

Criminal Aspects of Incidents Leading to Loss of Trust and Confidence

Loss of trust and confidence is one of the grounds for dismissal of employees under the Labor Code. This may arise from incidents of fraud, theft, etc. which are criminal in nature. The question is what would be the effect of the criminal aspects on the labor dispute stemming from loss of trust and confidence? The violation of company policy may involve a criminal act for which the employee may be charged by the employer in a criminal court. Non-conviction in [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, employee dismissal, Just Cause, loss of trust and confidence, termination 0 Comments Read more...

12 Jun

Loss of Trust and Confidence Applies to Confidential Employees

There are rank-and-file employees who hold highly confidential positions due to their fiduciary responsibilities and proximity to the management that makes important decisions pertaining to labor relations. In one of my clients’ organizational setup, an employee who used to be a holder of supervisory position being an assistant to the SVP for Marketing was demoted to rank-and-file status. But he was classified as a confidential employee. This kind of confidential employee is not a holder of a trusted position but [...]

By Atty Elvin Labor Law article 297, atty. elvin, confidential employee, dismissal, employee discipline, labor, Labor Code, labor law, loss of trust, termination 0 Comments Read more...

10 Jun

Doctrine of Command Responsibility for Managerial Employees and Breach of Trust by Rank and File Employees

In the case of a Chief Purser of a passenger ship, the established facts show that although he did not participate in the commission of anomalies, he was still liable due to his failure to detect those irregularities. (See Vicente C. Etcuban, Jr. vs. Sulpicio Lines, Inc., G.R. No. 148410, January 17, 2005.) Interestingly, jurisprudence has made a connection between neglect of duty and loss of trust and confidence involving a managerial employee or a rank-and-file holding a fiduciary position. In [...]

By Atty Elvin Labor Law article 297, atty. elvin, breach of trust, command responsibility, discipline, dismissal, employee dismissal, loss of trust and confidence, managerial employee, termination, willful breach of trust 0 Comments Read more...

02 Jun

Fraud and Loss of Trust and Confidence

A managerial employee is conferred with full trust and confidence by his employer. While as a manager he could exercise some discretion, such does not cover acts of betrayal of trust and confidence of his employer. He cannot reimburse his family’s personal travel expenses out of company funds. His act amounted to fraud or deceit which led to the loss of trust and confidence of his employer. An employee, the Officer-in-Charge of the company in its boutique misappropriated the amount [...]

By Atty Elvin Labor Law article 297, atty. elvin, discipline, dismissal, employee, employer, fraud, Just Cause, labor, Labor Code, labor law, loss of trust, loss of trust and confidence, termination 0 Comments Read more...

01 Jun

Claim of Abandonment vs Claim of Illegal Dismissal

Contrasting allegations may be presented in court involving employee who claims to have been verbally dismissed from service and employer who denies having done so and instead alleges that the employee abandoned his job. If so, how it should be resolved? In the August 2013 case of MZR Industries vs. Colambot, the Supreme Court held, in sum: The Court recognized the rule that in illegal dis- missal cases, the employer bears the burden of proving that the termination was for a valid [...]

By Atty Elvin Labor Law abandonment, article 297, atty. elvin, employee, employer, Illegal dismissal, Just Cause, Labor Code, labor law, termination 0 Comments Read more...

Tag - termination