Termination of Employee must be based on Lawful Ground
Termination is one of the most disputed aspect of employment relationship.
Workers who have been through this experience had untold suffering while employers who made a mistake of illegally terminating employees have paid substantial amount of money.
Just cause for the dismissal of employees or authorized cause for termination must be observed prior removal. For the HR practitioner involved in employer relations, it is paramount to know the basic concept of each ground for dismissal enumerated in Article 282 [now Article 297] of the Labor Code, as amended.
The Labor Code under Article 282 provides for grounds for the dismissal of an employee. This is known as the just causes for termination of employment discussed previously.
Article 282 is now Article 296 pursuant to the decision of the Supreme Court in the Philippine Plaza Holdings case citing RA 10151. (Note: It is Article 297 per DOLE Department Advisory 01, Series of 2015)
Company’s Code of Conduct or regulations may also provide for other grounds and which may be complemented by those under Article 282. It may likewise provide the corresponding penalties which may be lower than dismissal. Generally, the company’s rules and regulations fall within the analogous causes of Article 282.
The post above is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 113-114).
Comments (7)
… [Trackback]
[…] Read More on that Topic: lvsbooks.com/termination-employee-must-based-lawful-ground/ […]
… [Trackback]
[…] Find More on that Topic: lvsbooks.com/termination-employee-must-based-lawful-ground/ […]
… [Trackback]
[…] There you will find 9580 additional Info to that Topic: lvsbooks.com/termination-employee-must-based-lawful-ground/ […]
… [Trackback]
[…] Find More on that Topic: lvsbooks.com/termination-employee-must-based-lawful-ground/ […]
… [Trackback]
[…] Here you can find 66352 more Info on that Topic: lvsbooks.com/termination-employee-must-based-lawful-ground/ […]
… [Trackback]
[…] Find More here on that Topic: lvsbooks.com/termination-employee-must-based-lawful-ground/ […]
… [Trackback]
[…] Find More Information here on that Topic: lvsbooks.com/termination-employee-must-based-lawful-ground/ […]
Comments are closed.