Do you think that you have been fired for illegal reasons?
If you need to verify if you have been subject to wrongful termination, you can check The Labor Code of the Philippines. The code details the rules that apply when it comes to:
- Hiring and firing private employees
- Working conditions including work hours and overtime
- Benefits such as 13th month pay, holiday pay, sick days, vacation leaves, etc.
- Labor relations
Grounds for termination
The conditions detailed in your employment contract will serve as the basis for your termination or dismissal, as long as they do not violate provisions in the Labor Code. Make sure you thoroughly read your employment contract before signing.
- Termination due to just cause
Outside of your contract, however, there are instances wherein you can be terminated for just cause. Under Article 288 of The Labor Code, these include:
- Misconduct
- Willfully disobeying the lawful orders of one’s employer or a representative of said employer
- Habitual neglect of duties
- Fraud or breach of trust
- Committing a crime against one’s employer or their representative and the employer’s immediate family member
- Termination due to authorized causes
According to Articles 283 and 284, the following are authorized grounds for dismissal.
- When labor-saving devices are installed such that the employee’s services no longer needed
- Redundancy due to:
- Overhiring
- Decreased business
- Dropping of a product line or service
- Retrenchment or downsizing to save a failing business, with a “last in, first out” guideline in which newer hires are terminated before more senior ones, and temporary employees retrenched over regular ones
- The business shuts down
- An employee’s health condition as certified by a public health authority, in which the employee poses a danger to themselves and the people they work with
Termination of Employment and Due Process
Even if there are grounds to justify your termination, the employer must comply with due processes as laid out by The Labor Code.
Your employer must complete the following steps:
If your termination is based on just cause, your employer must:
- Issue a written notice specifying the grounds for termination, along with the opportunity to explain your side
- Allow you a hearing (with counsel if you wish) where you can respond to charges made against you
- Give a written notice of termination along with the evidence and grounds to justify your dismissal
If your termination is based on authorized causes, your employer must:
- Give a 30-day notice of your dismissal, specifying the cause for termination
- Submit a copy of the notice to the regional office of the Department of Labor and Employment (DOLE) where the employer’s address is.
What to do next
Should your termination not comply with conditions and due processes, or if you would like to contest your dismissal, it’s time to bring this to court. Call Duran & Duran-Schulze Law at (+632) 478 5826 or send an email to info@duranschulze.com.
Once you have the expertise of a lawyer, you and your legal counsel can file a case at the National Labor Relations Commission (NLRC) or at the Philippines Oversea Employment Authority (POEA) if you are an OFW.
Source: Bureau of Labor Relations
19 Responses
I won my unemployment appeal and was awarded my unemployment claim.The company I worked for now filled an appeal against my appeal win.What should I do? I feel I was fired unjustly.
30 years in service na po ako sa security agency namin, ano ang benefits ang makukuha ko sa kanila.
Maraming salamat po..
Is it illegal if you were reported an allegations without proof or physical evidence of it?
Hi need suggestion , paano po kapag ang dismissal na ginawa ay based sa pag nakaw ng petty cash fund po sa byahe nila. Then maliban dyan mern witness po . At kinaltas nmn dn ung ninankaw nya at sa inis ng amo tinangal sya sa work. Ano po ba dapat Gawin for legit process.
Good morning atty. I am the one who is the the eligal terminate the company of iron wood as a driver..now I went to NLRC about filling the case then after almost 1 yr the atty of the NLRC was said the case are already dismissal .now we ask about the same case they are no possible for filing the another case,? We don’t have salary/wage differential, no overtime pay, no holiday pay, no holiday pay premium,no rest day premium, no service incentive leave, no night shift differential, no sick leave pay…hoping for your riply thank you..