termination Archives - Page 3 of 5

29 May

Abandonment Requires Notice

Abandonment is a ground for dismissal of employees under Article 297 of the Labor Code, as amended. Being considered as within the context of gross and habitual neglect of duty. However, while abandoning employee is usually not physically available, he should still be served the notices for the dismissal. There is no such thing automatic termination for abandonment. An employee whom the employer deems to have abandoned his work cannot be automatically terminated. Due process is required in order for the [...]

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

26 May

Filing of Illegal Dismissal as Against Denial of Termination in Abandonment Cases

Substantial evidence proffered by the employer that it had not terminated the employee should not be ignored on the pretext that the employee would not have filed the complaint for illegal dismissal if he had not really been dismissed. The Court held that such non sequitur reasoning cannot take the place of the evidence of both The lapse of time between the dismissal of an employee for abandonment and the filing of a complaint for illegal dismissal is not a [...]

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

05 May

Insubordination and Compliance with Lawful Orders of Employer

It may dawn upon an employee who does not want to comply with an order to file a case questioning its validity thinking that his filing will give him an excuse not to follow such command. The Supreme Court ruled that it would be dangerous doctrine indeed to allow employees to refuse to comply with rules and regulations, policies and procedures laid down by their employer by the simple expedient of formally challenging their reasonableness or the motives which inspired [...]

By Atty Elvin Labor Law atty. elvin, dismissal, insubordination, Just Cause, labor, Labor Code, labor law, lawful order, substantive due process, termination, willful disobedience 0 Comments Read more...

02 May

Specific Instances Constituting Serious Misconduct

A series of irregularities may constitute serious misconduct. Thus, in Gustilo vs. Wyeth Phils. where the employee committed the following acts: Falsified his employment application form by not stating therein that he is the nephew of the company’s manager; Falsified gasoline receipt; Submitted false report of his trade outlet calls; and Unauthorized availment of sick, vacation and emergency leaves The Court held that with those listed offenses, the dismissal from service is in order. Citing Piedad vs. Lanao del Norte Electric Cooperative, Inc. [G.R. [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employee discipline, employer, Just Cause, labor, Labor Code, labor law, Serious Misconduct, substantive due process, termination 0 Comments Read more...

25 Apr

Breach of Trust is a Factual Issue

Breach trust must be proven as a fact. There must be some evidence to substantiate the claim and form a legal basis for loss of confidence. The employer cannot exercise arbitrarily and without just cause the right to dismiss an employee for loss of trust and confidence. While it is true that loss of trust and confidence is a just cause for termination, it must not be simulated or concocted but must be supported by substantial evidence. The evidence must be substantial [...]

By Atty Elvin Labor Law atty. elvin, breach of trust, dismissal, Just Cause, labor, Labor Code, labor law, loss of trust and confidence, termination, willful breach of trust 20 Comments Read more...

28 Mar

Employee Termination Based on Form of Employment

Termination of employee depends on the form of employment. Just cause or authorized cause as ground for dismissal is the only blanket ground applicable to all forms. Hence, to terminate employee, it can be argued that there are two main classifications of grounds: Just Cause / Authorized Cause Peculiar cause provided in the nature of employment and terms of contract For just cause or authorized cause, the law is clear since these are provided under Articles 297, 298, and 299, respectively. For the [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, benefits, casual, compensation, compensation and benefits, dismissal, fixed-term, Just Cause, labor, Labor Code, labor law, probationary, project, seasonal, termination 16 Comments Read more...

26 Mar

Employee Termination Notice as Part of Procedural Due Process

Employee termination notice is mandatory as part of the procedural due process in employee dismissal. As opposed to substantive due process, procedural due process pertains to the procedure involved. Hence, after determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment. (King of Kings Transport, [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, procedural due process, termination 11 Comments Read more...

18 Mar

Counsel may Assist the Employee in a Hearing or Conference if the Latter Desires as part of Due Process

If a hearing or conference would be held in an employee dismissal, the employee may request to bring a counsel in such proceeding. This seems to be an optional requirement at the in- stance of the employee. In the dismissal of an employee, a hearing or conference must be held during which the employee concerned, with the assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his evidence or rebut the evidence [...]

By Atty Elvin Labor Law administrative hearing, atty. elvin, counsel, dismissal, due process, Hearing or Conference, Just Cause, labor, Labor Code, labor law, procedural due process, termination 11 Comments Read more...

17 Mar

Notice to Explain (NTE): Contents and Requirements

Notice to explain or NTE is one of the requirements to complete the procedural due process in employee dismissal. In the case of King of Kings Transport, Inc. vs. Mamac, the Supreme Court (SC) said that the first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given the opportunity to submit their written explanation within a reasonable period. In order to enable the [...]

By Atty Elvin Labor Law atty. elvin, dismissal, labor, Labor Code, labor law, Notice to Explain, NTE, procedural due process, termination 130 Comments Read more...

16 Mar

Notices Required in Terminating Employee

As part of procedural due process, employees to be dismissed should be notified. The first notice prior to dismissal based on just cause is known as the notice to explain or NTE as HR practitioners put it. Some call it show-cause memo or SCM. Others refer to it as show-cause order. Whatever terminology may be used to call it, the essence is that the notice should apprise the employee charged of the offense and the fact that such offense may be [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, procedural due process, termination 18 Comments Read more...

Tag - termination