VARIOUS FORMS OF EMPLOYMENT AND THEIR PECULIAR GROUNDS FOR TERMINATION AS WELL AS GROUNDS COMMON TO ALL (Part 2)Atty Elvin
A fixed-term employee for two years may be terminated if he defrauds the company even prior to the end of his two-year contract. A seasonal employee may be dis missed prior to the end of the season for willful disobedience or insubordination.
A regular employee cannot be dismissed due to completion of project, expiration of term, end of season or failure to qualify because his employment is guaranteed by the security of tenure provision of the Labor Code. He can only be dismissed for just cause or authorized cause.
Disciplinary issue is a leveling ground for all these employees. Those grounds, considered as just cause under the Labor Code, entail disciplinary matters which can be enforced against any employee irrespective of whether he has limited security of tenure or otherwise.
Other ground which encompasses these various employment forms is the authorized cause. This refers to termination due to retrenchment, redundancy, installation of labor saving device, closure or cessation of business.
(See discussion on the book How to Design and Formulate Company Code of Discipline, page 7)